Fla. Admin. Code Ann. R. 68-5.001 - Purpose and Intent

(1) The purpose of this chapter is to establish definitions, provide requirements for import permits, provide Conditional and Prohibited species lists, establish requirements for possession of Conditional and Prohibited species, establish criteria for amnesty for persons relinquishing nonnative fish and wildlife, and regulations related to lionfish.

(2) Unless otherwise specifically provided in Divisions 68A through 68E, F.A.C., all species of freshwater aquatic life and wild animal life not native to Florida may be taken throughout the year, without restrictions.

(3) No person shall allow or permit any freshwater fish, aquatic invertebrate, marine plant, marine animal, or wild animal life not native to the state, to remain in any facility that is no longer maintained or operated for the production or maintenance of such non-native species. The presence of any such non-native species in any facility shall constitute possession by the owner or operator of the facility.

(4) No species listed in this chapter shall be confined in any cage or other enclosure which does not meet the requirements in Rules 68-5.005 and 68-5.007, F.A.C., except as authorized in accordance with the following:

(a) Requests for deviations from the standard caging or enclosure requirements or use of alternative caging materials may be granted to allow for different size configuration (length, width, and/or height) if the required square footage is adequate, as required in this section, and if the locomotory needs of the animal(s) are not compromised.

(b) Requests for deviations from the standard caging or enclosure requirements or for the use of alternative caging materials may be submitted to the Commission. Proposed deviations shall be granted if the proposed materials are of equivalent or greater strength to the required caging materials and all deviations are sufficient to prevent escape of the species.

(c) Any proposed deviations from the standard caging or enclosure requirements or use of alternative caging materials must be approved in writing as a permit modification by the Commission prior to the use of the cage or enclosure for housing animals.

(d) Requests for deviations must be submitted in writing to Florida Fish and Wildlife Conservation Commission, Division of Habitat and Species Conservation, 620 South Meridian Street, Tallahassee, Florida 32399-1600, or at nonnativepermitapps@MyFWC.com. The request shall include:

1. The name, affiliation, mailing address, and physical address of where the deviation will occur, if different than the mailing address.

2. The specific deviation requested.

3. A statement of purpose or need for the deviation.

4. Documentation showing the strength of the requested materials and that construction specifications to be used as part of the deviation meet or exceed the strength and biosecurity requirements in rule.

5. A list of all current Commission permits and licenses affiliated with the facility.

Notes

Fla. Admin. Code Ann. R. 68-5.001

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.

New 6-7-07, Amended 8-23-10, Amended by Florida Register Volume 44, Number 239, December 11, 2018 effective 12/27/2018, Amended by Florida Register Volume 48, Number 115, June 14, 2022 effective 6/27/2022.

New 6-7-07, Amended 8-23-10, 12-27-18, 6-27-22.