SUMMARY: This rule restricts the possession and release of mallards. THE FULL TEXT OF THE RULE IS:
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 section, "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 s. 372.661, F.S., and permitted to release mallards pursuant to Rule 68A-12.010, F.A.C.; (b) Persons permitted to possess mallards pursuant to Rules 68A-6.002, 68A-9.002, or 68A-9.006, F.A.C.; or (c) Persons licensed pursuant to ss. 372.16 or 372.921, F.S. (3) Live mallards may only be sold by persons licensed pursuant to ss. 372.16 or 372.921,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.EFFECTIVE DATE: July 1, 2004. (NOTE: this rule passed on 2/4/04 and becomes effective 1 July 2004) Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art.
IV, Sec. 9, Fla. Const. DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 22, 2003. DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 26, 2003. SPECIFIC RULEMAKING AUTHORITY: Art. IV, Sec. 9, Fla. Const. LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE AND ECONOMIC IMPACT STATEMENT IS: James Antista, General Counsel, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600. |
