Fla. Admin. Code Ann. R. 68A-12.010 - Regulations Governing Hunting Preserves
(1) No entity shall
establish or maintain a commercial or private hunting preserve to allow the
introduction or possession of captive-reared native and nonnative game animals,
as specified herein, unless permitted pursuant to Section
379.3712, F.S., and in
accordance with this chapter. No initial commercial or private hunting preserve
permit shall be issued until the premises of such preserve has been inspected
by a repres entative of the Commission and the requirements of this rule have
been met. Sale or transfer of game animals from a hunting preserve is
authorized and shall comply with records requirements outlined in subsection
(16) below. In addition, any person selling or conducting intrastate transfer
of deer, elk, or other members of the family Cervidae shall comply with Rule
68A-4.0051, F.A.C., regarding
transportation and record keeping requirements. Native or non-native game
animals held under the authority of a hunting preserve permit shall not be
released from the preserve into the wild at any time.
(2) Definitions: For the purposes of this
rule, the following shall be defined as:
(a)
Commercial hunting preserve - a preserve operated exclusively for commercial
purposes, which is open to the public, for which a uniform fee is charged to
patrons for hunting privileges. Hunters taking any game on a permitted
commercial hunting preserve shall be exempt from licensure requirements,
pursuant to Section 379.3712(2),
F.S.
(b) Dissolve - the legal
process of winding down and officially closing an entity or organization,
involving the cessation of all permitted activities, including possession of
wildlife.
(c) Employee - any hired
or contracted person who works or performs services, or serves as an agent, for
a permitee or at a permitted facility, whether paid or unpaid.
(d) Herbaceous vegetation - predominantly
grasses, grass-like plants, or forbs capable of being grazed.
(e) Hunting preserve - includes any area set
aside by a commercial or private entity on which captive-reared native or
non-native game birds or game mammals of the families Cervidae, Suidae, and
Bovidae may be released or bred for the primary purpose of take.
(f) Nest box or den - an enclosed shelter
that provides a retreat area within, attached to, or adjacent to a cage or
enclosure of specified size, which shall provide protection from the elements
and from extremes in temperature that are detrimental to the health and welfare
of the animal.
(g) Paddocks -
open-air areas enclosed by fencing, railing or other Commission-approved
structures which contains and allows animals to graze and/or browse.
(h) Predator barrier - supplemental materials
added to the bottom and/or exterior of approved fencing to prevent entry of
predators. Barriers may include but are not limited to buried fence wire,
electrified fence wire, gravel, rocks, concrete, or other natural/manmade
materials.
(i) Private hunting
preserve - a preserve operated for both commercial and private purposes which
may or may not be open to the public. Anyone hunting on the preserve shall have
all appropriate hunting licenses and any applicable endorsements, as provided
in Section 379.354, F.S.
(j) Preserve - refers to both commercial
hunting preserves and private hunting preserves.
(k) Refusal - when a permitee, applicant or
employee intentionally denies access by Commission personnel to the facility,
inventory or facility's records for the purposes of inspection, or directs
another to deny such access.
(l)
Tame game mammal - does not exhibit the fight or flight characteristics or
normal behavioral characteristics for the species when found in the
wild.
(m) Tolling - to lead animals
outside of an enclosure using a trail of bait.
(n) Water gap structure - materials utilized
in areas containing or likely to contain flowing water in order to allow water
and debris to move freely through the section of fence affected by the flowing
water so as to maintain the integrity of the fence.
(o) Woody vegetation - Perennial trees,
shrubs, or woody vines that persists above ground all year
long.
(3) General
qualifications: Permitees or applicants for a commercial or private preserve
permit shall:
(a) Be at least 18 years of
age.
(b) Make reasonable efforts to
flush all wild native game species out of the intended preserve area prior to
completion of the perimeter fence. Reasonable efforts shall include but not be
limited to tolling, baiting, and driving.
(c) Not have refused any captive wildlife
inspection within three years of the date of application.
(d) Not have been convicted of any violation
of game farm, hunt preserve, or captive wildlife regulations involving unsafe
housing of wildlife or any violation which potentially endangers the public;
any violation involving the unlawful commercialization of wildlife; any
violation involving cruelty, maltreatment or neglect to animals; or any
violation involving importation of wildlife within three years of the date of
application.
(e) Meet the
experience requirements for Class I Bovidae authorization and submit required
documentation, as outlined in Rule
68A-6.004, F.A.C., if seeking
authorization to possess such Class I Bovidae.
(f) Experience requirements shall not apply
to applicants for permits to possess Class II Bovidae on a hunting preserve
permit issued in accordance with Sections
379.3711 and
379.3712, F.S. Experience gained
with Class II Bovidae authorized on a hunting preserve permit, while exempt
from experience requirements pursuant to this paragraph, shall not satisfy the
requirements of Rule 68A-6.004, F.A.C., unless the
applicant has substantial practical experience with such Class II Bovidae for a
minimum of 5 consecutive years and meets the experience documentation
requirements outlined in
68A-6.004,
F.A.C.
(4) Permit
application requirements: An applicant shall make application to the Commission
by submitting the online application through
http://www.GoOutdoorsFlorida.com.
The applicant for a preserve permit shall provide the following information:
(a) The applicant's legal name, date of
birth, and contact information to include personal phone number, business phone
number, and email address, if any.
(b) To be permitted as a business, in
addition to paragraph (a), the applicant shall provide the name of the business
and the business shall be currently registered through the Florida Department
of State, Division of Corporations.
(c) The complete mailing address to include
city, state, and zip code for the applicant/business.
(d) The complete facility address where the
preserve is located to include city, state, parcel number(s), and zip code. If
the address is a rural route, the applicant shall provide directions to the
entrance of the preserve.
(e)
Whether the facility is owned or leased by the applicant. A copy of the valid
and current lease agreement shall be submitted with the application in the
event that the facility location is under lease to the applicant. If leased,
the lease agreement shall be for a term sufficient to cover the term of the
permit.
(f) The county or counties
where the preserve is located and the size (in acres) of the area to be fenced
and utilized for the hunting preserve.
(g) The current estimated inventory of game
possessed, identified by species and quantity. If no inventory of game is
currently possessed, then the planned inventory shall be provided, identified
by species.
(h) The applicant's
driver's license number/ID number and a copy of the applicant's valid
government-issued photo ID.
(i)
Indication of whether the preserve is operated for private or commercial
purposes.
(j) Indication of whether
the application is for a commercial hunting preserve permit or private hunting
preserve permit.
(k) Emergency
contact information including name and phone number for an individual who is
not the permitee or applicant.
(l)
The applicant's acknowledgement that the information provided in the
application is true, accurate, and complete.
(5) Any corporation authorized to do business
in Florida may apply for preserve permit. For corporations authorized to
possess Class I Bovidae, such corporation shall have qualified personnel
responsible for the care of such wildlife. The corporation shall provide
documentation of experience for at least one person in accordance with Rule
68A-6.004, F.A.C. Such
documentation of experience shall be submitted to the Commission and shall be
subject to approval upon initial application and upon each instance of change
in qualified personnel. Such qualified person shall be an employee of the
permitted corporation.
(6)
Permittees shall be responsible for any hunting preserve or game farm
violation(s) occurring at their facility or committed by their
employees.
(7) A preserve shall be
owned or leased by the applicant. For the hunting of game mammals, the land
shall be located wholly within a legally fenced tract. The boundaries of all
preserves shall be posted with signs bearing the words "Licensed Hunting
Preserve" or "Permitted Hunting Preserve" which shall be placed at intervals of
not more than 500 feet and be easily visible from any point of ingress or
egress. Lettering on such signs shall be no less than 2 inches in height. No
preserve shall be located within one mile of any wildlife management area,
refuge or park established by state or federal law or regulation unless:
(a) The owner or manager of the affected
refuge or park has been notified of the application for operation of a
commercial or private hunting reserve and has been given the opportunity to
submit comments or recommendations regarding the application;
(b) The operation of such preserve does not
conflict with the management objectives of the affected wildlife management
area, refuge or park as determined by the Commission;
(c) The proposed preserve poses no
significant adverse impacts to wildlife or public safety on the affected
wildlife management area, refuge or park as determined by the
Commission.
(8) All laws,
rules, or regulations pertaining to hunting or pertaining to game shall apply
on all preserves except as follows:
(a) The
taking of carnivorous animals or other captive wildlife not provided herein is
prohibited on preserves, except for nuisance wildlife which may be taken as
provided in Rule 68A-9.010, F.A.C. Only the
following shall be taken on hunting preserves: captive-reared game mammals of
the families: Cervidae, Suidae, Bovidae; game mammals native to Florida; and
game birds.
(b) The hunting of game
animals that were produced, raised, or held under a permit issued under
sections 379.3761 or
379.3762, F.S., tame game
mammals, or domesticated species is prohibited.
(c) Game mammals shall not be taken on
preserves while boxed or caged and shall be taken only in accordance with the
conditions and methods outlined below.
(d) Open season for taking captive-reared
native game birds shall be from October 1 through April 20. Captive-reared
white-tailed deer of either sex may be taken from August 1 through March 1.
Non-native game mammals and non-native game birds may be taken year-round on
permitted preserves.
(e) Take of
native non-captive-reared wild game naturally occurring on the preserve or
originating from outside the preserve shall be in compliance with the
established open season, bag limits, and licensing requirements for the species
in the zone wherein the preserve is located.
(f) The method of take for all game shall be
as specified by Rule 68A-12.002, F.A.C. All
authorized methods of take shall be permitted for the entirety of the allowed
seasons specified in paragraph (d) above.
(g) The hunting of Cervidae or Bovidae with
dogs is prohibited; however, a leashed dog shall be allowed for trailing
wounded game.
(h) Motorized
vehicles shall not be used to drive game mammals during any hunting activity,
nor shall game mammals be taken from moving motorized vehicles.
(i) No person shall take by firearm any game
mammals while the person is within 50 yards of a supplemental feeding station,
except for the permittee or their employees.
(j) No captive-reared waterfowl or
captive-reared turkeys shall be released or hunted on preserves.
(k) No wild turkeys or wild waterfowl shall
be taken over baited-areas, nor during the closed season prescribed by the
Commission for the region in which the preserve is located.
(l) Commission rules prohibiting the taking
of game birds over live decoys or bait shall not apply when properly identified
captive-reared game birds are being taken.
(m) There shall be no bag limit for
captive-reared game taken on preserves.
(n) Game may be trapped on the premises of a
preserve for the purposes of veterinary care or sale, provided that any animal
unintentionally trapped in such operation shall be immediately
released.
(o) Captive-reared game
harvested on hunting preserves shall be exempt from tagging and harvest
reporting requirements outlined in Rule
68A-12.003,
F.A.C.
(9) Facility
requirements:
(a) Cervidae (deer family)
shall be free-roaming on not less than 200 acres, with a minimum of 100 acres
covered with woody vegetation. For each additional acre over the initial 200
acres, 10% of the additional acreage shall be covered with woody vegetation. Up
to 20% of acreage can include land that formerly had woody vegetation, which
will be naturally or artificially regenerated within two years of harvest. The
preserve shall be completely enclosed with a perimeter fence which meets the
following criteria:
1. Fence construction
materials shall consist of not less than 12.5-gauge high-tensile class III
galvanized steel wire with fixed knots or strength-equivalent material, and
shall be attached to posts at no less than 5 equidistant locations with clips,
staples, ties or other means used to connect fencing to posts that are a
minimum of 14.5 gauge or strength equivalent material.
2. Fence shall be no less than 8 feet in
height unless specified elsewhere. Fences may be installed up to 3 inches above
the ground, provided that a strand of high-tensile barbed wire not less than
15.5 gauge is strung across the bottom. In addition, 1 strand of high-tensile
barbed wire not less than 15.5 gauge may be strung no higher than 6 inches
above the fence panel in order to achieve the 8-foot height requirements.
Permitees shall maintain minimum fence height by leveling built up earthen
material which has migrated to the base of the fence due to natural
causes.
3. Fence(s) shall be
constructed of commercially manufactured single panels of fencing material,
except as otherwise specified. Such fencing material shall be attached to
singular construction posts no greater than 25 feet apart in a manner that
ensures the fence maintains an above ground 8-foot vertical height, unless
specified elsewhere, so as to prevent escape. The posts will be securely
anchored and braced in corners and elsewhere as necessary to keep fence
properly stretched and erect.
4.
Fencing material shall have no greater than 7 inches between manufactured knots
and be free of broken wires or gaps.
(b) Bovidae shall be free-roaming on not less
than 300 acres, with a minimum of 200 acres covered with herbaceous vegetation,
except blackbuck which shall be free roaming on not less than 200 acres, with a
minimum of 100 acres covered with herbaceous vegetation. For each additional
acre over the initial 300/200 acres, 10% of the additional acreage shall be
covered with herbaceous vegetation. The preserve shall be completely enclosed
with a perimeter fence which meets the requirements of subparagraphs
68A-12.010(9)(a)
1.-4., above. Fencing for Class I Bovidae shall meet the requirements of
subsection 68A-6.011(3),
F.A.C.
(c) Suidae shall be
free-roaming on not less than 100 acres, with a minimum of 50 acres covered
with woody vegetation. For hunting hogs with dogs, the area shall be a minimum
of 300 acres, with 200 acres covered with woody vegetation. For each additional
acre over the initial 100 acres, 10% of the additional acreage shall be covered
with woody vegetation. Up to 20% of acreage can include land that formerly had
woody vegetation, which will be naturally or artificially regenerated within
two years of harvest. The preserve shall be completely enclosed with a
perimeter fence that meets the following criteria:
1. Fence construction materials shall consist
of not less than 12.5-gauge high-tensile class III galvanized steel wire with
fixed knots or strength-equivalent material, and shall be attached to posts at
no less than 3 equidistant locations with clips, staples, ties or other means
used to connect fencing to posts that are a minimum of 14.5 gauge or strength
equivalent material.
2. Fence shall
be no less than 4 feet in height.
3. Fence(s) shall be constructed commercially
manufactured single panels of fencing material, except as otherwise specified.
Such fencing material shall be attached to singular construction posts in a
manner that ensures the fence maintains a 4-foot vertical height and prevents
escape. The posts will be securely anchored and braced in corners and elsewhere
to keep fence properly stretched and erect.
4. Fencing material shall have no greater
than 7 inches between manufactured knots and be free of broken wires or
gaps.
(d) Hunt preserves
with permits which are current on November 22, 2018 will have two years from
November 22, 2018 to come into compliance with the above fencing requirement
unless they meet the limited exception conditions below. Hunt preserves with
permits which are current on November 22, 2018 that meet the specifications
below do not need to update their fencing except for new construction or with
replacement of over 250 feet of existing fencing.
1. Existing fence is a minimum of 14.5 gauge
steel wire or strength-equivalent material.
2. Fence shall be no less than 8 feet in
height. One strand of barbed wire not less than 15.5 gauge may be strung no
higher than 6 inches above the fence panel in order to achieve the 8-foot
height requirement.
3. Fencing
material is attached to singular construction posts no greater than 25 feet
apart in a manner that ensures the fence maintains an above ground 8-foot
vertical height, unless specified differently elsewhere, so as to prevent
escape. The posts shall be securely anchored and braced at corners and
elsewhere as necessary to keep fence properly stretched and erect.
4. Fencing material shall have no greater
than 8 inches between manufactured knots and be free of broken wires or
gaps.
5. Facilities with hunt
preserve permits current on November 22, 2018 which have fencing that is not
constructed of commercially manufactured single panels of steel wire mesh shall
not be required to replace existing panels with commercially manufactured
single panels, provided that the existing fencing meets the following
specifications:
a. Panels are a minimum of
14.5 gauge wire or strength-equivalent material.
b. Posts are securely anchored and braced at
corners and elsewhere as necessary to keep fence properly stretched and erect
so as to prevent any gaps greater than 8 inches between the panels.
c. Panels are connected with
strength-equivalent material or stronger at intervals that prevent gaps that
could allow captive game mammals to escape.
(e) The minimum acreage provisions of
paragraphs (9)(a)-(c) and the yardage requirement in paragraph (8)(i), shall
not apply to those operations permitted prior to July 1, 1996.
(f) Game animals held under a hunting
preserve permit shall not be commingled in the same enclosure with game animals
held under a game farm permit, except as authorized in (g) below.
(g) Game mammals may be kept in small
enclosures or commingled with game farm animals only for the purpose of
veterinary care or transportation and shall not be hunted on the same day of
transport or release into a permitted preserve.
(h) Perimeter gates shall maintain the
required height for the species held within and shall be constructed of no less
than 12.5-gauge steel wire or strength equivalent material. The bottom of all
perimeter gates shall be no more than 6 inches from the ground. A perimeter
gate shall be no more than 50 feet in width. Perimeter gates shall remain
closed when not actively being used for ingress or egress. Perimeter gates
shall be secured when closed so gaps greater than 8 inches do not occur at any
time.
(i) Predator barriers, if
utilized, shall not disrupt the integrity of the approved fence material.
Mounding type predator barriers shall not extend outward from the base of the
perimeter fence more than 28 inches and not higher than 20 inches from the
ground. Predator barriers shall not provide increased accessibility for
non-predator species into fenced enclosure.
(j) Water gap structures, if utilized, shall
meet the following criteria:
1. Water gap
structures shall be constructed and maintained in a manner and condition to
prevent escape of captive-reared game maintained on the preserve or entry of
native wild game.
2. Water gap
structures shall only be utilized in areas containing or likely to contain
flowing water.
3. Water gap
structures shall be constructed of one or more of the following materials:
a. Rubber belts, not less than one-half (1/2)
inch thickness.
b. Welded wire, not
less than 9-gauge, or strength-equivalent material, securely attached to a
metal frame.
c. Pressure treated
lumber, not less than one-inch thickness.
d. Weather-proof composite boards, not less
than one-inch thickness.
e. Metal
sheets, not less than one-quarter (1/4) inch thickness.
4. Water gap materials shall be securely
attached to the fencing material with galvanized metal, stainless steel, or
aluminum connecting material. Such connecting materials may be coated with a
waterproofing material.
5. Water
gap structures consisting of separate hanging units shall have a gap no more
than 3 inches between each hanging unit.
6. In areas where water gap structures are
utilized, height of water gap structure and fence combined shall be no less
than 8 feet in height measured from the natural ground level outside of the
area susceptible to water flow.
7.
Water gap structures shall be locked or secured to form an immovable vertical
barrier when water is not flowing.
8. Debris which would prevent the water gap
structure from being locked or secured in place shall be removed within 24
hours of water receding to normal water level.
9. Water gap structures shall be approved by
the Commission before use.
10. Any
water gap structures in use on June 2, 2025, shall have one year after June 2,
2025, to come into compliance with the requirements above.
(10) Hunting preserves and the
physical facilities and installations of any preserve are subject at any time
to inspection by Commission personnel, to verify compliance with Commission
rules and other applicable laws. Refusal of any such inspection shall result in
revocation of an issued preserve permit.
(11) Preserves shall be equipped and operated
in such manner as to provide sufficient food and humane treatment for the game
kept thereupon. A continuous source or supply of clean water shall be readily
available at all times for all game. Access to bodies of water for cooling
should be considered for those species which will utilize it. The premises,
pens, and facilities of all preserves shall be maintained in a sanitary
condition.
(12) Injured or wounded
mammals shall be immediately treated by the permittee, transported to a
veterinarian for treatment, or euthanized.
(13) A current list of employees authorized
by the permittee to euthanize game shall be maintained by the permittee and
made available for inspection upon request by Commission personnel.
(14) Prior to being transported from a
preserve, all game carcasses, or portions or parts of game taken on the
preserve, shall be properly identified with a tag or label with the name of the
preserve permittee, the name of the preserve, and the date such game was taken
and date the game is being transported from the preserve. When transporting
game where individual marking is not practical, the container being used to
transport such game shall be tagged or labeled as specified in this
subsection.
(15) Each preserve
shall maintain a record of any native or non-native captive-reared game taken
on the preserve. Such record shall include the name, address, and hunting
license number (or nature of the exemption) of the individual taking game, date
of take, quantity and species of game taken, and purpose of take. Such records
shall be maintained for a minimum of five years and shall be made available for
inspection upon request of any Commission employee.
(16) Any person holding a hunting preserve
permit shall maintain a record of each of the following changes in captive
inventory, which shall be open to inspection upon request by Commission
personnel and shall be maintained for a minimum of five years from the date of
acquisition, transfer or sale:
(a) Records of
acquisition, which shall include the date of acquisition; quantity and species
of game acquired; name and complete address of supplier; FWC permit
identification number of the supplier, if acquired in Florida; and relevant
importation permit, where applicable.
(b) Records of sale or transfer, alive or
dead, which shall include the date of sale or transfer; quantity and species of
game sold or transferred; name and complete address of the entity to which game
is sold or transferred; and FWC permit identification number of the recipient,
when applicable. Such records shall be available for inspection upon request by
Commission personnel.
(c) Any
person holding a hunting preserve permit who conducts intrastate movement of
deer, elk, or other members of the family Cervidae shall keep and maintain
copies of all records of compliance with Rule
68A-4.0051 and Chapter 5C-26,
F.A.C., regarding the importation or intrastate movement of such deer, elk, or
other members of the family Cervidae.
(17) When live game is being transported, the
transporter of such game shall be permitted to possess such game or shall be an
employee of a permittee authorized to possess such game. Any individual
transporting Class I Bovidae shall be permitted for possession of such Class I
Bovidae. The transporter of live game shall have a copy of records required in
paragraph (16)(b) above while in transit. Any enclosure containing such game
shall be clearly marked as follows:
(a) For
game that is transported in a cage or enclosure, the cage or enclosure shall be
clearly labeled "Live Animal." The cage or enclosure shall also be clearly and
visibly marked with a label including the common name of each species and the
quantity of each species.
(b) For
game that is transported in a trailer, compartment of a trailer, or vehicle, a
label stating, "Live Animal" shall be affixed to every access door(s) or
attached to any locking mechanism securing such access door(s), with lettering
not less than one inch in height and in a contrasting color to the trailer. A
list containing the common name of each species and the quantity of each
species shall be maintained in the vehicle.
(c) Any cages, enclosures, or trailers
utilized to transport wildlife shall be as follows:
1. Of sufficient strength and security to
prevent escape.
2. Large enough to
ensure that each individual animal has sufficient space to turn, stand erect,
and lie naturally; however, certain species may be restricted in their
movements according to professionally acceptable standards when freedom of
movement would constitute a danger to the animals, their handlers, or other
persons.
(18)
All game, except captive white-tailed deer, possessed or sold for food or
consumptive purposes shall be killed on the premises of the preserve or
transported to a recognized slaughter establishment for immediate processing.
In instances where live game is transported to a recognized slaughter
establishment for immediate processing, a copy of the current and valid hunting
preserve permit of the preserve where such game was produced shall accompany
the live game in transport. In instances where live game is sold or
transferred, the transporter of such game shall be permitted or otherwise
authorized by the Commission to possess such game. Harvested game possessed,
sold or transferred for food or consumptive purposes shall comply with the
following provisions:
(a) Each game bird or
the sealed container in which game birds are placed shall be clearly marked
with the species and the name, complete address, and FWC permit identification
number of the preserve producing such game birds.
(b) Deer meat (venison) from species of deer
not native to the state shall only be sold when packaged in a tamper-proof
container clearly marked with a label stating, "NON-NATIVE VENISON, PRODUCED ON
A LICENSED HUNTING PRESERVE" and shall include the name of the species.
Additionally, each container shall be clearly marked to indicate the name,
complete address, and FWC permit identification number of the preserve
producing such venison.
(c) Any
harvested game stored on the premises of the preserve that has been sold or
transferred shall be clearly marked or tagged to reflect the name and complete
address of the recipient, species name, person who harvested the animal, date
of harvest and date of sale or transfer.
(d) Game harvested on a preserve and stored
on the premises shall not be commingled with game taken from the wild and shall
be marked with the species name and date of harvest.
(e) Hunting preserves shall also comply with
any applicable state and federal statutes or regulations relating to food
safety, quality control, inspections, transportation, sale and regulation of
foodstuffs and meat products.
(19) Captive-reared white-tailed deer may be
possessed, sold, or transferred for food or consumptive purposes. Preserves
possessing, selling, or transferring captive-reared white-tailed deer for foor
or consumptive purposed shall be in compliance with the following:
(a) Deer shall be transported live to a
recognized slaughter establishment for immediate preparation and processing for
consumption.
1. A copy of the current and
valid hunting preserve permit of the preserve where such game was produced
shall accompany the live game in transport.
2. The transporter of such game shall be
permitted or otherwise authorized by the Commission to possess such
game.
3. Notify the Commission at
least 48 hours prior to transfer of live deer.
4. Hunting preserves shall also comply with
any applicable state and federal statutes or regulations relating to food
safety, quality control, inspections, transportation, sale and regulation of
foodstuffs and meat products.
(b) Captive-reared white-tailed deer meat
(venison) shall only be sold when packaged in a tamper-proof container clearly
marked with a label stating, "WHITE-TAILED DEER VENISON, PRODUCED ON A FLORIDA
LICENSED HUNTING PRESERVE". Additionally, each container shall be clearly
marked to indicate the name, date, complete address, and FWC permit
identification number of the preserve producing such venison and the
identification number and name of the recognized slaughter establishment.
(c) Deer shall not have been
chemically immobilized or otherwise provided any drugs within 30 days of
transfer to a recognized slaughter establishment.
(20) Permitted facilities shall report any
escapes from the perimeter fencing or the approved facility location. Permitted
facilities shall report any escapes from an enclosure, cage, or other
constraint when captive-reared game is away from such approved facility
location. Such reporting shall be made to the Florida Fish and Wildlife
Conservation Commission, Division of Law Enforcement, immediately upon
discovery of the escape. Any person in possession of captive-reared game which
requires a permit issued under this rule shall make reasonable efforts to
ensure the recapture and return of the escaped game to containment or lawful
removal of such escaped game from the wild.
(a) Failure to report any escapes of
captive-reared game as specified above shall be considered a violation of this
rule.
(b) No person shall maintain
captive-reared game animals in an unsafe or negligent manner which results in
escape of game.
(21) It
is unlawful to buy, sell or transfer any live game to or from any unpermitted
entity within Florida. Recipients of any live game received from a hunting
preserve shall be permitted pursuant to this rule, Section
379.3761,
379.3762, or
379.3711, F.S., unless exempt
from the permitting provisions.
(22) Dissolution.
(a) Prior to voluntary dissolution of a
preserve and subsequent expiration of the current permit, the permittee shall
notify the Commission of their intent to dissolve.
(b) Prior to dissolution of a preserve and
subsequent expiration of the current permit, the permittee shall legally
dispose of all captive-reared native and non-native game animals authorized
under the permit. Preserves under dissolution shall do one or more of the
following:
1. Take of game animals in
accordance with this Rule.
2. Sale
or transfer of live game animals to a permitted entity. All sales or transfers
shall be in compliance with subsections (16) and (17) above.
3. Sale or transfer of game animals for food
or consumptive purposes. All sales or transfers shall be in compliance with
subsections (18) and (19) above.
4.
Sale or transfer of the preserve and current inventory to a new permittee. All
captive-reared native and non-native game animals contained thereon shall
remain the responsibility of the permittee until such time that a new permittee
becomes permitted and takes responsibility for such captive-reared game. If the
new owner does not obtain a hunting preserve permit for the inventory contained
on the property, it shall be considered unlawful transfer and abandonment of
captive-reared game by the previous permittee.
(c) Commission personnel shall verify all
captive-reared native and non-native game animals authorized under the permit
have been removed prior to removal of facility's perimeter fence. The
Commission shall have the authority to verify the final disposition of all
captive-reared native and non-native game animals previously authorized under
the permit, including inspection by officers of the Commission.
(23) Any person whose permit is
revoked or non-renewed as provided for in subsection
68-1.010(2),
F.A.C., shall be subject to the provisions outlined in subsection
68A-6.003(2),
F.A.C., and the following:
(a) Such person
shall have 180 days after the final administrative disposition to lawfully
dispose of all captive-reared native or non-native game animals previously
authorized under the revoked or non-renewed permit. Sale or transfer of such
wildlife shall be authorized within the lawful disposition period for the
purposes of complying with this rule.
(b) The facility and wildlife previously
authorized under the revoked or non-renewed permit may not be sold or otherwise
transferred to any entity within Florida of which such person is an owner,
officer, director, principal, employee, or agent or in which such person holds
any interest.
(c) Any person
dissolving a hunt preserve due to revocation or non-renewal shall comply with
subsections (16)-(19) above regarding transportation and record keeping
requirements.
(d) The Commission
shall have the authority to verify the final disposition of wildlife previously
authorized under the revoked or non-renewed permit, including inspection by
officers of the Commission, pursuant to Section
379.304, F.S.
(e) Such person shall not serve as an
employee, agent, or volunteer, whether paid or unpaid, at any permitted hunting
preserve or game farm facility or on behalf of any hunting preserve or game
farm permittee for a period of three (3) years following final administrative
action.
Notes
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-83, Formerly 39-12.10, Amended 8-5-86, 4-11-90, 4-15-92, 10-20-96, 6-23-99, Formerly 39-12.010, Amended 5-29-01, 11-3-02, 7-1-05, 11-22-18, 12-3-20, 7-4-21, 7-1-22, 8-2-22, 7-17-23.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) No entity shall establish, maintain, or operate a commercial or private hunting preserve to allow the release, sale and/or taking of captive-raised native and non-native game animals, as specified herein, unless licensed pursuant to Section 379.3712, F.S. No commercial or private hunting preserve license shall be issued until the premises of such preserve has been inspected by a representative of the Commission and the requirements of this rule have been met. Licensees must ensure all captive wildlife contained on the licensed property is lawfully removed or transferred prior to dissolution of the preserve. Any person selling game animals from a hunt preserve shall comply with Rule 68A-12.011, F.A.C. In addition, any person selling or conducting intrastate transfer of deer, elk, or other members of the family Cervidae shall comply with Rule 68A-4.0051, F.A.C., regarding transportation and record keeping requirements.
(2) Definitions: For the purposes of this rule, the following shall be defined as:
(a) Commercial hunting preserve - a preserve operated exclusively for commercial purposes, which is open to the public, for which a uniform fee is charged to patrons for hunting privileges. Hunters taking any game on a licensed commercial hunting preserve shall be exempt from licensure requirements, pursuant to Section 379.3712(2), F.S.
(b) Employee - any person working under a permit or license holder or at a licensed or permitted facility, whether paid or unpaid.
(c) Herbaceous vegetation - predominantly grasses, grass-like plants, or forbs capable of being grazed.
(d) Nest box or den - an enclosed shelter that provides a retreat area within, attached to, or adjacent to a cage or enclosure of specified size, which shall provide protection from the elements and from extremes in temperature that are detrimental to the health and welfare of the animal.
(e) Paddocks - open-air areas enclosed by fencing, railing or other Commission-approved structures which allows animals to graze and/or browse.
(f) Predator barrier - supplemental materials added to the exterior of approved fencing to prevent entry of predators. Barrier may include but is not limited to, buried fence wire, electrified fence wire, gravel, rocks, concrete, or other natural/manmade materials.
(g) Private hunting preserve - a preserve operated for both commercial and private purposes. Anyone hunting on the preserve shall have all appropriate hunting licenses and any applicable endorsements, as provided in Section 379.354, F.S.
(h) Preserve - refers to both commercial hunting preserves and private hunting preserves.
(i) Refusal - when a licensee, applicant or employee intentionally denies access by Commission personnel to the facility, inventory or facility's records for the purposes of inspection, or directs another to deny such access.
(j) Tame game mammal - does not exhibit the flight characteristics or normal behavioral characteristics for the species when found in the wild.
(k) Tolling - to lead animals outside of an enclosure using a trail of bait.
(l) Woody vegetation - Perennial trees, shrubs, or woody vines that persists above ground all year long.
(3) General qualifications: Licensees or applicants for a commercial or private preserve license shall:
(a) Be at least 18 years of age, if applying for authorization to possess game mammals classified as Class I or Class II wildlife per Rule 68A-6.002, F.A.C.
(b) Make reasonable efforts to flush all wild native game species out of the intended preserve area prior to completion of the perimeter fence. Reasonable efforts shall include but not be limited to tolling, baiting and driving.
(c) Not have refused any captive wildlife inspection within three years of the date of application. Any preserve licenses issued to a person who refuses any such inspection shall be revoked.
(d) Not have been convicted of any violation of game farm, hunt preserve, or captive wildlife regulations involving unsafe housing of wildlife or any violation which potentially endangers the public; any violation involving the unlawful commercialization of wildlife; any violation involving cruelty, maltreatment or neglect to animals; or any violation involving importation of wildlife within three years of the date of application.
(e) Meet the experience requirements for Class I Bovidae authorization and submit required documentation, as outlined in Rule 68A-6.004, F.A.C., if seeking authorization to possess such Class I wildlife. However, experience requirements shall not apply to applicants for permits to possess Class II Bovidae if licensed under Sections 379.3711 and 379.3712, F.S. Experience gained with Class II Bovidae, while exempt from experience requirements pursuant to this paragraph, shall not satisfy the requirements of Rule 68A-6.004, F.A.C., unless the applicant has possessed and/or managed the wildlife for a minimum of 5 consecutive years.
(f) Obtain a Herd Health Plan from the Department of Agriculture and Consumer Services if the facility possesses species in the family Cervidae. Such Herd Health Plan shall be obtained within 180 days of initial licensing by the Commission. Failure to obtain and maintain a current and valid Herd Health Plan shall result in denial or revocation of any hunt preserve license with authorizations for species in the family Cervidae issued by the Commission.
(4) License application requirements: An applicant shall make application to the Commission by submitting the online application through http://www.GoOutdoorsFlorida.com. The applicant for a preserve license shall provide the following information:
(a) The applicant's legal name, date of birth, and contact information to include personal phone number, business phone number, and email address, if any.
(b) To be permitted as a business, in addition to paragraph (a), the applicant shall provide the name of the business and the business shall be currently registered through the Florida Department of State, Division of Corporations.
(c) The complete mailing address to include city, state and zip code for the applicant/business.
(d) The complete facility address where the preserve is located to include city, state, parcel number and zip code. If the address is a rural route, the applicant shall provide directions to the entrance of the preserve.
(e) Whether the facility is owned or leased by the applicant. A copy of the valid and current lease agreement shall be submitted with the application in the event that the facility location is under lease to the applicant. If leased, the lease agreement shall be for a term sufficient to cover the term of the license. Applicants under 18 years of age must have a parent or legal guardian as a co-licensee who shall provide such lease if applicable.
(f) The county or counties where the preserve is located and the size (in acres) of the area to be fenced and utilized for the preserve.
(g) The current estimated inventory of game possessed, identified by species and quantity. If no inventory of game is currently possessed, then the planned inventory shall be provided, identified by species.
(h) The applicant's driver's license number/ID number and a copy of the applicant's valid government-issued photo ID.
(i) Indication of whether the preserve is operated for private or commercial purposes.
(j) Indication of whether the application is for a commercial hunting preserve license or private hunting preserve license.
(k) Emergency contact information including name and phone number for an individual who is not the licensee or applicant.
(l) Renewal applications shall include the number and species of any animals introduced and removed during the previous licensing period.
(m) The applicant's acknowledgement that the information provided in the application is true, accurate, and complete.
(5) Any corporation authorized to do business in Florida may apply for preserve license.
(a) For corporations authorized to possess Class I Bovidae, such corporation shall have qualified personnel responsible for the care of such wildlife. The corporation shall provide documentation of experience for at least one person in accordance with Rule 68A-6.004, F.A.C. Such documentation of experience shall be submitted to the Commission and shall be subject to approval upon initial application and upon each instance of change in qualified personnel.
(b) Such corporation shall be responsible for any violation(s) committed by their employees or occurring at their facility.
(6) A preserve shall be owned or leased by the applicant. For the hunting of game mammals, the land shall be located wholly within a legally fenced tract. The boundaries of all preserves shall be posted with signs bearing the words "Licensed Hunting Preserve" which shall be placed at intervals of not more than 500 feet and be easily visible from any point of ingress or egress. Lettering on such signs shall be no less than 2 inches in height. No preserve shall be located within one mile of any wildlife management area, refuge or park established by state or federal law or regulation unless:
(a) The owner or manager of the affected refuge or park has been notified of the application for operation of a commercial or private hunting reserve and has been given the opportunity to submit comments or recommendations regarding the application;
(b) The operation of such preserve does not conflict with the management objectives of the affected wildlife management area, refuge or park as determined by the Commission;
(c) The proposed preserve poses no significant adverse impacts to wildlife or public safety on the affected wildlife management area, refuge or park as determined by the Commission.
(7) All laws, rules, or regulations pertaining to hunting or pertaining to game shall apply on all preserves except as follows:
(a) The taking of carnivorous animals is prohibited on preserves, except licensees and employees may take nuisance wildlife as provided in Rule 68A-9.010, F.A.C. Only game mammals of the following families: Cervidae (such as deer and elk), Suidae (hog), Bovidae (such as buffalo and antelope), as well as game mammals native to Florida and game birds shall be taken on preserves.
(b) Game mammals shall not be taken on preserves while boxed or caged and shall be taken only in accordance with the conditions and methods outlined in subsection (8), below.
(c) Open season for taking captive-reared native game birds shall be from October 1 through April 20. The open season for taking native game mammals, except white-tailed deer, shall coincide with the established open season for the species in the zone wherein the preserve is located. White-tailed deer of either sex may be taken from August 1 through March 1. Non-native game mammals and non-native game birds may be taken year-round on licensed preserves. The method of take for all game shall be as specified by Rule 68A-12.002, F.A.C.
(d) Game mammals shall not be taken within 50 yards of a supplemental feeding station by any person other than the licensee or their employees.
(e) Commission rules prohibiting the taking of game birds over live decoys or bait shall not apply when properly identified captive-reared game birds are being taken.
(f) There shall be no bag limit for captive-reared game taken on preserves.
(g) Game may be trapped on the premises of a preserve for the purposes of veterinary care or sale, provided that any native game unintentionally trapped in such operation shall be immediately released.
(8) Facility requirements:
(a) Cervidae (deer family) shall be free-roaming on not less than 200 acres, with a minimum of 100 acres covered with woody vegetation. For each additional acre over the initial 200 acres, 10% of the additional acreage shall be covered with woody vegetation. Up to 20% of acreage can include land that formerly had woody vegetation, which will be naturally or artificially regenerated within two years of harvest. The hunting of Cervidae with dogs is prohibited; however, a leashed dog shall be allowed for trailing. The preserve shall be completely enclosed with a perimeter fence which meets the following criteria:
1. Fence construction materials shall consist of not less than 12.5-gauge high-tensile class III galvanized steel wire with fixed knots or strength-equivalent material, and shall be attached to posts at no less than 5 equidistant locations with clips, staples, ties or other means used to connect fencing to posts that are a minimum of 14.5 gauge or strength equivalent material.
2. Fence shall be no less than 8 feet in height unless specified elsewhere. Fences may be installed up to 3 inches above the ground, provided that a strand of high-tensile barbed wire not less than 15.5 gauge is strung across the bottom. In addition, 1 strand of high-tensile barbed wire not less than 15.5 gauge may be strung no greater than 6 inches above the fence panel in order to achieve the 8-foot height requirements. Licensees shall maintain minimum fence height by leveling built up earthen material which has migrated to the base of the fence due to natural causes.
3. Fence(s) shall be constructed of single panels of fencing material. Such fencing material shall be attached to singular construction posts no greater than 25 feet apart in a manner that ensures the fence maintains an above ground 8-foot vertical height, unless specified elsewhere, so as to prevent escape. The posts will be securely anchored and braced in corners and elsewhere as necessary to keep fence properly stretched and erect.
4. Fencing material shall have no greater than 7 inches between manufactured knots and be free of broken wires or gaps.
(b) Bovidae (such as buffalo and antelope) shall be free-roaming on not less than 300 acres, with a minimum of 200 acres covered with herbaceous vegetation, except blackbuck which shall be free roaming on not less than 200 acres, with a minimum of 100 acres covered with herbaceous vegetation. For each additional acre over the initial 300/200 acres, 10% of the additional acreage shall be covered with herbaceous vegetation. The hunting of Bovidae with dogs is prohibited; however, a leashed dog shall be allowed for trailing. The preserve shall be completely enclosed with a perimeter fence which meets the requirements of subparagraphs 68A-12.010(8)(a) 1.-4., above. Fencing for Class I Bovidae shall meet the requirements of subsection 68A-6.011(3), F.A.C.
(c) Suidae (hog) shall be free-roaming on not less than 100 acres, with a minimum of 50 acres covered with woody vegetation. For hunting hogs with dogs the area shall be a minimum of 300 acres, with 200 acres covered with woody vegetation. For each additional acre over the initial 100 acres, 10% of the additional acreage shall be covered with woody vegetation. Up to 20% of acreage can include land that formerly had woody vegetation, which will be naturally or artificially regenerated within two years of harvest. The preserve shall be completely enclosed with a perimeter fence that meets the following criteria:
1. Fence construction materials shall consist of not less than 12.5-gauge high-tensile class III galvanized steel wire with fixed knots or strength-equivalent material, and shall be attached to posts at no less than 3 equidistant locations with clips, staples, ties or other means used to connect fencing to posts that are a minimum of 14.5 gauge or strength equivalent material.
2. Fence shall be no less than 4 feet in height.
3. Fence(s) shall be constructed of single panels of fencing material. Such fencing material shall be attached to singular construction posts in a manner that ensures the fence maintains a 4-foot vertical height and prevents escape. The posts will be securely anchored and braced in corners and elsewhere to keep fence properly stretched and erect.
4. Fencing material shall have no greater than 7 inches between manufactured knots and be free of broken wires or gaps.
(d) Hunt preserves with licenses which are current on November 22, 2018 will have two years from November 22, 2018 to come into compliance with the above fencing requirement unless they meet the limited exception conditions below. Hunt preserves with licenses which are current on November 22, 2018 that meet the specifications below do not need to update their fencing except for new construction or with replacement of over 250 feet of existing fencing.
1. Existing fence is a minimum of 14.5 gauge steel wire or strength-equivalent material.
2. Fence shall be no less than 8 feet in height. One strand of barbed wire not less than 15.5 gauge may be strung no greater than 6 inches above the fence panel in order to achieve the 8-foot height requirement.
3. Fencing material is attached to singular construction posts no greater than 25 feet apart in a manner that ensures the fence maintains an above ground 8-foot vertical height, unless specified differently elsewhere, so as to prevent escape. The posts shall be securely anchored and braced at corners and elsewhere as necessary to keep fence properly stretched and erect.
4. Fencing material shall have no greater than 8 inches between manufactured knots and be free of broken wires or gaps.
5. Facilities with hunt preserve licenses current on November 22, 2018 which have fencing that is not constructed of single panels of steel wire mesh shall not be required to replace existing panels with single panels, provided that the existing fencing meets the following specifications:
a. Panels are a minimum of 14.5 gauge wire or strength-equivalent material.
b. Posts are securely anchored and braced at corners and elsewhere as necessary to keep fence properly stretched and erect so as to prevent any gaps greater than 8 inches between the panels.
c. Panels are connected with strength-equivalent material or greater at intervals that prevent gaps that could allow captive game mammals to escape.
(e) The minimum acreage provisions of paragraphs (8)(a)-(c) and the yardage requirement in paragraph (7)(d), shall not apply to those operations licensed prior to July 1, 1996.
(f) Predator barriers, if utilized, shall not disrupt the integrity of the approved fence material. Mounding type predator barriers shall not extend outward from the base of the perimeter fence more than 28 inches and not higher than 20 inches from the ground. Predator barriers shall not provide increased accessibility for non-predator species into fenced enclosure.
(9) Game mammals may be kept in small enclosures only for the purpose of veterinary care or transportation and shall not be hunted on the same day of release or transport into a licensed preserve.
(10) The hunting of game mammals that were produced, raised, or held at a zoological attraction, tame game mammals, or domesticated species is prohibited.
(11) Motorized vehicles shall not be used to drive game mammals during any hunting activity, nor shall game mammals be taken from moving motorized vehicles.
(12) All captive-reared turkeys to be taken on preserves shall be banded to identify point of origin.
(13) No captive-reared waterfowl shall be released or hunted on preserves.
(14) No wild turkeys nor wild waterfowl shall be taken over baited-areas, nor during the closed season prescribed by the Commission for the region in which the preserve is located.
(15) Preserves shall be equipped and operated in such manner as to provide sufficient food and humane treatment for the game kept thereupon. A continuous source or supply of clean water shall be readily available at all times for all game. The premises, pens, and facilities of all preserves shall be maintained in a sanitary condition. Injured or wounded mammals shall be immediately euthanized, transported to a veterinarian for treatment, or treated by the licensee.
(16) Operators importing game mammals and/or game birds from other states or countries shall maintain copies of all importation permits and health records as required by the Florida Department of Agriculture and Consumer Services and the United States Department of Agriculture. Such records shall be made available for inspection upon request of any Commission employee.
(17) Prior to being transported from a preserve, all game carcasses, or portions or parts of game taken on the preserve, shall be properly identified with a tag or label with the name of the preserve licensee, the name of the preserve, and the date such game was taken and date the game is being transported from the preserve. When transporting game where individual marking is not practical, the container being used to transport such game shall be tagged or labeled as specified in this subsection.
(18) Each preserve shall maintain a registration book in which the name, address, hunting license number (or nature of the exemption), date of hunt, quantity and species of game taken by each person hunting on the preserve is recorded. All records and the physical facilities and installations of any preserve shall be open to inspection upon request by the Commission. Such records shall be made available for inspection upon request of any Commission employee.
(19) A current list of employees authorized by the licensee to euthanize game shall be maintained by the licensee and made available for inspection upon request by Commission personnel.
(20) Each preserve shall create and maintain an annual report of all game released, sold or taken on the preserve for each license year. The report shall be in chronological order and shall be made available for inspection by Commission personnel upon request. Records must be provided at the request of the Commission.
(21) Licensed facilities shall report any escapes from the perimeter fencing or the approved facility location. Licensed facilities shall report any escapes from an enclosure, cage, or other constraint when wildlife is away from such approved facility location. Such reporting shall be made to the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, immediately upon discovery of the escape.
(22) Captive white-tailed deer may be possessed, sold or transferred for food or consumptive purposes when the preserve is dissolving. Preserves under dissolution selling white-tailed deer for venison shall:
1. Be transported live to a licensed processing facility for immediate processing for consumption.
a. A copy of the current and valid hunting preserve license where such game was produced shall accompany the live game in transport to the processing facility.
b. The transporter of such game shall be licensed or otherwise authorized by the Commission to possess such game.
c. Notify the Commission at least 48 hours prior to transfer of live deer.
d. Preserves shall also comply with all statutes or regulations relating to food safety, quality control, inspections, transportation, sale and regulation of foodstuffs and meat products.
2. White-tailed deer meat (venison) shall only be sold when packaged in a tamper-proof container clearly marked with a label stating, "WHITE-TAILED DEER VENISON, PRODUCED ON A FLORIDA LICENSED HUNTING PRESERVE". Additionally, each container shall be clearly marked to indicate the name, date, complete address, and license identification number of the preserve producing such venison and the identification number and name of the licensed processing facility.
3. Not have been chemically immobilized or otherwise provided any drugs within 30 days of transfer to a processing facility.
Notes
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-83, Formerly 39-12.10, Amended 8-5-86, 4-11-90, 4-15-92, 10-20-96, 6-23-99, Formerly 39-12.010, Amended 5-29-01, 11-3-02, 7-1-05, 11-22-18, 12-3-20, 7-4-21, 7-1-22, 8-2-22, 7-17-23.