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West’s Florida Administrative Code. Title 68. Fish and Wildlife Conservation Commission. Subtitle 68A. Freshwater Fish and Wildlife. Chapter 68A-4. General Prohibitions and Requirements



Country of Origin: United States

Agency of Origin: Florida Fish and Wildlife Conservation Commission

National Citation: 68 FL ADC 68A-4.001 - 4.081

Fla. Admin. Code r. 68A-4.001 - 4.081


Last checked by Web Center Staff: 06/2013


Summary:  

This chapter of the Fish and Wildlife Code prohibits a variety of activities involving wildlife, including importing,feeding, taking, buying, possessing, and releasing certain wild animals; possessing illegally taken wildlife; driving animals from their retreats with chemicals; remote control hunting; and hunting with lights at night. Wildlife officers have the authority to conduct searches and inspections, as necessary, to ensure compliance with these rules.


Material in Full:

68A-4.001. General Prohibitions.

68A-4.002. Possession of Gun While Using a Light Prohibited.

68A-4.004. Possession of Wildlife or Freshwater Fish or the Carcasses Thereof.

68A-4.005. Introduction of Carriers of Disease; Inspection.

68A-4.0051. Importation of Deer, Elk and Other Wildlife Species in the Family of Cervidae.

68A-4.0052. Possession and Release of Live Mallards.

68A-4.0053. Importation and Possession of Carcasses from Deer, Elk and Other Wildlife Species in the Family of Cervidae.

68A-4.006. Obligation to Permit Search or Inspection.

68A-4.007. Exclusion of Certain Areas From Open Season.

68A-4.0071. Access Prohibited on Certain Areas.

68A-4.008. Taking Wildlife on Roads and Rights-of-Way Prohibited.

68A-4.081. Hunting Prohibited on Certain Water Control District Roads; Closing Procedure.

 

 

68A-4.001. General Prohibitions.

(1) No wildlife or freshwater fish or their nests, eggs, young, homes or dens shall be taken, transported, stored, served, bought, sold, or possessed in any manner or quantity at any time except as specifically permitted by these rules nor shall anyone take, poison, store, buy, sell, possess or wantonly or willfully waste the same except as specifically permitted by these rules.

(2) The use of gasoline or any other chemical or gaseous substances to drive wildlife from their retreats is prohibited.

(3) Intentionally placing food or garbage, allowing the placement of food or garbage, or offering food or garbage in such a manner that it attracts black bears, foxes or raccoons and in a manner that is likely to create or creates a public nuisance is prohibited.

(4) The intentional feeding or the placement of food that attracts pelicans and modifies the natural behavior of the pelican so as to be detrimental to the survival or health of a local population is prohibited.

(5) The intentional feeding of sandhill cranes is prohibited.

(6) No person shall take or assist in taking wildlife using a method that involves remote control aiming and discharging of a gun when that person is not physically present at the location of that gun.

Adopted Aug. 1, 1979; Amended June 21, 1982; Transferred from 39-4.01; Amended Apr. 1, 1996; Transferred from 39-4.001; Amended May 13, 2002, July 1, 2004, July 1, 2008.

AUTHORITY: Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.

 

68A-4.002. Take of Wildlife and Freshwater Fish with a Gun at Night; Exceptions.

(1) Except when Commission rule or permit specifically authorizes take of wildlife or freshwater fish with a gun during non-daylight hours and except to the extent allowed by subsection (2) below, the take of wildlife or freshwater fish with a gun between one-half hour after sunset and one-half hour before sunrise is prohibited.

(2) On privately owned lands, the land owner or designee may take wild hog, coyote, and non-protected mammals with a gun and light during non-daylight hours.

Adopted Aug. 1, 1979; Amended June 21, 1982; Transferred from 39-4.02, 39-4.002; Amended Apr. 3, 2008. Amended July 27, 2010; March 25, 2012.

Authority: Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3015, 379.404(2) FS.

 

68A-4.004. Possession of Wildlife or Freshwater Fish or the Carcasses Thereof.

(1) Whenever the taking or possession of wildlife or freshwater fish is prohibited, the possession of any carcass or portion of the carcass of such wildlife or freshwater fish is prohibited. The possession of any wildlife or freshwater fish showing evidence of being taken by any unlawful method is prohibited. Wildlife or freshwater fish lawfully taken during the open season and properly identified may be possessed and stored in freezers or freezer lockers except when otherwise provided in Rule 68A-12.004 or 68A-23.006, F.A.C.

(2) No person shall possess the carcass or parts thereof of any member of the species felis concolor (cougar or panther), unless such carcass or parts thereof is of an animal for which possession was permitted under Rule 68A-6.002 or 68A-6.0011, F.A.C., or was lawfully acquired outside this state and is possessed in accordance with subsection 68A-12.004(10), F.A.C.

(3) Black bass, striped bass and white bass or their hybrids, peacock bass, or black crappie and panfish (for black crappie and panfish, only in waters where minimum-length or slot-size limits for these fish apply) may not be filleted, nor their head or tail fin removed, until the angler has completed fishing for the day.

(4) The prohibition in subsection (1) does not apply to deer carcass or parts thereof from a deer that was killed by accidental collision with a vehicle.

Adopted Aug. 1, 1979; Amended June 4, 1981, June 21, 1982; Transferred from 39-4.04; Amended May 10, 1987, July 1, 1989, July 1, 1996; Transferred from 39-4.004; Amended July 1, 2000. Amended July 1, 2010.

AUTHORITY: Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.

 

68A-4.005. Introduction of Carriers of Disease; Inspection.

(1) No person shall release or introduce in the state any wildlife, freshwater fish or any other organism that might reasonably be expected to transmit any disease to wildlife or freshwater fish

(a) Any representative of the Commission may inspect all records, ponds, pools, vehicles and other facilities used to produce, grow, store or transport freshwater aquatic organisms. Inspection may be made of such facilities wherein foreign or non-native species of freshwater aquatic organisms are propagated for any commercial purpose so as to determine that such species or their eggs are not allowed to escape into the waters of the state or to determine whether freshwater aquatic organisms are infected or diseased. In the event that an epizootic aquatic disease among cultured aquatic freshwater organisms presents a threat to public health or to fish or wildlife resources, freshwater aquatic organisms exposed to or exhibiting such disease may be quarantined, confiscated or destroyed as a public nuisance without compensation to anyone having a financial interest in such organisms.

(b) Any freshwater aquatic organism that may be discovered in ponds, pools, vehicles or other facilities and which in the determination of the executive director would be detrimental to fish or wildlife resources if released or placed in the waters of the state, shall be confiscated and destroyed as a public nuisance.

(2) Nothing in this rule shall prohibit the Commission or its duly authorized agents from bringing into the state or releasing or introducing any wildlife or freshwater fish.

Adopted Aug. 1, 1979; Amended June 21, 1982, July 1, 1984; Transferred from 39-4.05, 39-4.005; Amended June 7, 2007.

AUTHORITY: Art. IV, Sec. 9, Fla. Const, 379.1025 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.28, 379.231 FS.

 

68A-4.0051. Importation of Deer, Elk and Other Wildlife Species in the Family of Cervidae.

In addition to other requirements of Chapter 379, F.S., and Chapter 68A, F.A.C., and in order to prevent the introduction of Chronic Wasting Disease (CWD) into the captive and wild deer of this state, no person shall violate Department of Agriculture and Consumer Services Chapter 5C-26, F.A.C.

Adopted Oct. 16, 2002; Amended Feb. 27, 2003.

AUTHORITY: Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.

 

68A-4.0052. Possession and Release of Live Mallards.

(1) No person shall possess, import, sell or otherwise transfer, or release live mallards (Anas platyrhynchos), except as provided in this section and other applicable rules of the Commission. For the purposes of this rule, “mallard” includes all Anas platyrhynchos and fertile hybrids thereof except the white variety of Anas platyrhynchos commonly known as “Pekin” ducks.

(2) Live mallards may only be sold or transferred to, imported by, or possessed by:

(a) Persons licensed pursuant to Section 379.3712, F.S., and permitted to release mallards pursuant to Rule 68A-12.010, F.A.C.;

(b) Persons permitted to possess mallards pursuant to Rule 68A-6.002, 68A-9.002, or 68A-9.006, F.A.C.; or

(c) Persons licensed pursuant to Section 379.2525 or 379.3761, F.S.

(3) Live mallards may only be sold by persons licensed pursuant to Section 372.16 or 379.3761, F.S.

(4) Mallards shall be caged as specified in Rules 68A-6.0023 and 68A-6.004, F.A.C. In addition, persons other than those permitted pursuant to Rule 68A-12.010, F.A.C., shall meet the following requirements:

(a) All cages and enclosures containing mallards capable of flight shall be covered at the top to prevent escape, and

(b) East of Jefferson County, cages and enclosures containing flightless mallards shall be covered at the top to prevent interaction with wild waterfowl.

(5) Mallards may only be released pursuant to Rule 68A-12.010, F.A.C., or for bona fide dog training, raptor training for falconry purposes, or field trials provided that persons releasing mallards for dog training, raptor training, or field trials shall return the birds to possession or caging as soon as possible after release.

Adopted July 1, 2004.

AUTHORITY: Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.

 

68A-4.0053. Importation and Possession of Carcasses from Deer, Elk and Other Wildlife Species in the Family of Cervidae.

No person shall import or possess the carcass of any deer, elk or other species from the family Cervidae from any state or province where Chronic Wasting Disease (CWD) has been documented on a list maintained by the United States Department of Agriculture Animal and Plant Health Inspection Service except boned-out meat or processed meat cuts, a hide with no head attached, antlers with a clean skull plate, finished taxidermy products, and upper canines. Any carcass, regardless of origin, of any cervid testing positive for CWD shall be surrendered to FWC personnel.

Adopted July 1, 2005.

AUTHORITY: Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.

 

68A-4.006. Obligation to Permit Search or Inspection.

It is hereby made the duty of every person participating in the privileges of taking or possessing wildlife, freshwater fish or parts thereof as authorized by these rules to allow wildlife officers to ascertain whether the requirements of these rules are being followed. No person shall refuse or obstruct such inspection by any authorized officer of the state.

Adopted Aug. 1, 1979; Amended June 21, 1982; Transferred from 39-4.06, 39-4.006.

AUTHORITY: Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented 379.3311 FS., Art. IV, Sec. 9, Fla. Const.

 

68A-4.007. Exclusion of Certain Areas From Open Season.

(1) Whenever reference is made in these rules to open season or provision is made to permit the taking or possession of wildlife or freshwater fish, it shall be construed to mean to authorize the taking or possession of wildlife or freshwater fish only in open territory and shall not include state parks or recreation areas or the grounds of any of the state universities, colleges, schools, experiment stations, plant boards, hospitals or correctional institutions or state-operated fish hatcheries unless such taking or possession is authorized by the superintendent; nor upon any refuges, bird sanctuaries, restricted hunting areas or management areas established by the Commission unless specifically provided otherwise.

(2) Lands to be managed by the Commission or by the Florida Division of Forestry or the water management districts for hunting, fishing and other related outdoor recreational activities may be closed to the taking of wildlife or freshwater fish by executive order to protect fish and wildlife resources. Such executive closure orders shall be issued on an interim basis until appropriate fish and wildlife resource and public-use assessments are made by the Commission and until the area is formally established under Rule 68A-14.001, F.A.C. Lands closed by executive order shall remain closed to the taking or possession of wildlife and freshwater fish for a period of time not to exceed one year. Lands closed pursuant to this subsection shall be posted as closed to the taking of wildlife and freshwater fish.

Adopted Aug. 1, 1979; Transferred from 39-4.07; Amended Oct. 28, 1997; Transferred from 39-4.007; Amended June 23, 1999, July 1, 2008.

AUTHORITY: Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223 FS.

 

68A-4.0071. Access Prohibited on Certain Areas.

Public access and/or vehicular access is prohibited on lands managed by the Florida Fish and Wildlife Conservation Commission (FWC) that are temporarily closed by administrative action because of public safety concern due to disasters, severe weather, severe weather forecasts and/or effects of weather on the area. To the extent circumstances permit, public notice of such closures shall be afforded through the FWC website, media and in-the-field posting. The closure shall not exceed 14 days unless approved by the Executive Director.

Adopted July 1, 2007.

AUTHORITY: Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2223 FS.

 

68A-4.008. Taking Wildlife on Roads and Rights-of-Way Prohibited.

<Section effective July 1, 2013. See, also, section effective until July 1, 2013.>

(1) It shall be unlawful to take or attempt to take wildlife (except for the collection of amphibians or reptiles without the use of a gun and the take of raptors per Rule 68A-9.005, F.A.C.) on, upon or from the right-of-way of any federal, state or county-maintained road whether paved or otherwise. Taking or attempting to take wildlife (except for the collection of amphibians and reptiles without the use of a gun and the take of raptors per Rule 68A-9.005, F.A.C.) while such wildlife is on or upon the right-of-way of any federal, state or county-maintained road whether paved or otherwise, is prohibited.

(2) Federal, state or county-maintained roads may be specifically excepted by Commission order. Requests for the exception of certain roads from the provisions herein shall be made by formal action taken at a public meeting of the County Commission, and may be granted upon affirmation by the County Commission that the following criteria have been met:

(a) Roads or portions thereof subject to exception shall be unpaved, and shall not be scheduled for paving for at least three (3) years from the date of request.

(b) Roads or portions thereof subject to exception shall be no less than two (2) uninterrupted linear miles in length.

(c) No exception shall be made for any portion of road which lies within 3/10 of a mile of any dwelling, church, school, commercial building or other occupied structure, or which lies adjacent to the boundary of any property, the owner or lessee of which objects to the proposed exception.

(d) Roads or portions thereof excepted under the provisions herein shall be posted, at the expense of the County Commission, with signs at intervals of 500 feet or as otherwise directed by the Commission and shall include the phrase: “Right of Way Hunting permitted: The __________ County Commission and the Florida Fish and Wildlife Conservation Commission.”

(e) A determination that the exception would not endanger the public, livestock, crops or other property.

Prior to final action by the Commission, the Commission staff shall furnish a recommendation on the proposed exception to the County Commission which shall review it before a public meeting and then advise the Commission of any public comments or concerns.

(3) All federal, state or county-maintained roads within wildlife management areas are open to the taking of wildlife except perimeter roads adjacent to or outside of such management areas. Federal, state or county-maintained roads within management areas may be closed to taking wildlife by use of a gun by specific management area regulation.

Adopted July 1, 1983; Transferred from 39-4.08; Amended June 11, 1987, June 7, 1988, June 15, 1989; Transferred from 39-4.008; Amended May 1, 2003. Amended March 25, 2012; July 1, 2013.

Authority: Art. IV, Sec. 9, Fla. Const., 379.1025 FS. Law Implemented Art. IV, Sec. 9, Fla. Const.

 

68A-4.081. Hunting Prohibited on Certain Water Control District Roads; Closing Procedure.

(1) Roads constructed, maintained and controlled by a water control district operating under provisions of Chapter 298, F.S., may be closed to hunting in the following manner.

(a) The district board of supervisors shall request such action by formal resolution, accompanied by a map clearly identifying each road affected.

(b) Upon receipt of the request, the executive director shall investigate to ensure that such action would not result in unreasonable denial of lawful hunting or would unreasonably encroach upon the rights of contiguous property owners.

(c) Upon a satisfactory finding, and approval of the Commission, the district board of supervisors shall at their expense erect and maintain notices at the entrance and exit of each affected road in a manner adequate to notify the public of such closure.

(2) The prohibitions of subsections 68A-4.008(1) and (2), F.A.C., shall apply to such district roads of the following:

(a) Joshua Water Control District -- DeSoto County.

(b) County Line Drainage District -- Lee County.

(c) East Charlotte Drainage District -- Charlotte County.

(d) Flagler Estates Road and Water Control District -- St. Johns and Flagler Counties.

(e) Ranger Drainage District -- Orange County.

(f) Coquina Water Control District -- Okeechobee County (Peavine Trail and East Line Road only).

Adopted July 1, 1985; Amended May 10, 1987, Jan. 6, 1994, Dec. 25, 1995; Transferred from 39-4.081.

AUTHORITY: Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.

 



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