Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-16 - RULES RELATING TO BIRDS › Section 68A-16.006 - Regulations Related to Bird Traps

Current through Reg. 50, No. 138; July 16, 2024
(1)
				For the purpose of this rule, a bird trap is any device, material, substance or
				enclosure designed or used to catch and retain avian species, typically by
				allowing entry but not exit or by catching hold of a part of the body. Poultry
				coops and lofts for domestic pigeons are not bird traps under this
				rule.
(2) Bird traps must be
				clearly labeled with the Florida Fish and Wildlife Conservation Commission
				permit number or the exemption being utilized pursuant to subsection (3); and
				the name, address, and phone number of the person or company placing the trap.
				Traps without labeling are subject to removal by law enforcement.
(3) The use, placement, or possession of bird
				traps or allowing the placement of bird traps is prohibited without a permit
				issued pursuant to Rules
				68A-27.007,
				68A-9.002, or
				68A-16.006(5),
				F.A.C., with the following exceptions:
(a)
				Persons possessing a federal permit authorizing the trapping of birds listed
				under the Federal Endangered Species Act of 1973, 16 U.S.C. §1531 et seq.,
				may use, place, or possess bird traps or allow bird traps to be placed for the
				purposes specified in the permit.
(b) Persons authorized to trap resident game
				birds under a state permit or under Chapter 68A-12, F.A.C., may use, place, or
				possess bird traps or allow bird traps to be placed for the purposes specified
				in the state permit or in Chapter 68A-12, F.A.C.
(c) Persons possessing a falconry permit may
				use, place, or possess bird traps or allow bird traps to be placed for the
				purposes specified in the permit. Persons possessing a falconry permit also may
				capture birds that are not resident game birds and that are not included in 50
				C.F.R. §10.13 (November 1, 2013), List of Migratory Birds, to capture,
				feed, or train raptors possessed under the person's falconry permit.
(d) Persons authorized to take wildlife at
				airports pursuant to Rule
				68A-9.012, F.A.C., may use,
				place, or possess bird traps or allow bird traps to be placed to conduct
				activities authorized under Rule
				68A-9.012, F.A.C.
(e) Persons possessing a federal
				authorization to trap nuisance, depredating or injurious birds except migratory
				game birds and birds listed in Chapter 68A-27 or Rule
				68A-16.002, F.A.C., may use,
				place, or possess bird traps or allow bird traps to be placed while conducting
				the authorized activities.
(f)
				Captive wildlife facilities holding a valid captive wildlife permit may use,
				place, or possess bird traps on the permitted property, or other areas with
				land owner permission, to capture escaped captive birds, provided the permit
				holder provides notification prior to placement and use of traps to the Florida
				Fish and Wildlife Conservation Commission Division of Law Enforcement of the
				number and species of escaped birds, along with the number and type of bird
				traps set.
(g) Persons or companies
				possessing one of the following licenses or certifications issued by the
				Florida Department of Agriculture and Consumer Services pursuant to Chapter
				482, F.S., may use, place, or possess bird traps for the capture of birds that
				are not resident game birds and that are not included in 50 C.F.R. §10.13
				(November 1, 2013), List of Migratory Birds:
1. Licenses issued pursuant to Section
				482.071, F.S.
2. Certificates for general household pest
				control and lawn and ornamental pest control issued pursuant to subsection
				482.111(2),
				F.S.
3. Limited certification for
				governmental pesticide applicators or private applicators in the structural
				category (Chapter 5E-14, F.A.C.) issued pursuant to Section
				482.155, F.S.
4. Limited certification for commercial
				wildlife management personnel issued pursuant to Section
				482.157,
				F.S.
(h) Businesses or
				corporations registered with the Florida Department of State and engaged in the
				sale of bird traps may possess bird traps for the purposes of manufacture and
				sale and are exempt from subsection (2).