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Florida Expos
Exhibition or sale of wildlife in the state of Florida
 
Basic Concept

Exhibition or sale of wildlife; fees; classifications.

  • (1)In order to provide humane treatment and sanitary surroundings for wild animals kept in captivity, no person, party, firm, association, or corporation shall have, or be in possession of, in captivity for the purpose of public display with or without charge or for public sale any wildlife, specifically birds, mammals, amphibians, and reptiles, whether native to Florida or not, without having first secured a permit from the commission authorizing such person, party, firm, association, or corporation to have in its possession in captivity the species and number of wildlife specified within such permit; however, this section does not apply to any wildlife not protected by law and the rules of the commission. No person, party, firm, association, or corporation may sell any wild animal life designated by commission rule as a conditional or prohibited species, Class I or Class II wildlife, reptile of concern, or venomous reptile in this state, including a sale with delivery made in this state, regardless of the origin of the sale or the location of the initial transaction, unless authorized by the commission.
  • (2)The fees to be paid for the issuance of permits required by subsection (1) shall be as follows:
  • (a)For not more than 25 Class I or Class II individual specimens in the aggregate of all species, the sum of $150 per annum.
  • (b)For over 25 Class I or Class II individual specimens in the aggregate of all species, the sum of $250 per annum.
  • (c)For any number of Class III individual specimens in the aggregate of all species, the sum of $50 per annum.

 CHAPTER 68A-6.

 68A-6.0022. Possession of Wildlife in Captivity; Permits.

  • (1) Permits to possess wildlife in captivity, issued pursuant to Section 379.3761 or 379.3762, F.S., and the provisions of this chapter, shall authorize the keeping of captive wildlife, of the type and number specified in applications approved by the Commission, in accordance with law and Commission rules. Captive wildlife maintained under permit shall, unless otherwise authorized, be maintained only at the facility specified in the permit application and approved by the Commission.
  • (2) No permit shall be required to possess the following wildlife for personal use, unless possession of a species is otherwise regulated by other rules of the Commission:

  • (a) Reptiles or amphibians (nonvenomous, unprotected)
  • (b) Gerbils, hedgehogs
  • (c) Honey possums, sugar gliders
  • (d) Shell parakeets
  • (e) Rats and mice
  • (f) Canaries
  • (g) Moles; shrews
  • (h) Rabbits
  • (i) Squirrels; chipmunks
  • (j) Ferrets (domestic; European)
  • (k) Lovebirds
  • (l) Guinea pigs
  • (m) Cockatiels
  • (n) Hamsters
  • (o) Parrots
  • (p) Finches
  • (q) Myna birds
  • (r) Toucans
  • (s) Doves; ringed, ruddy, and diamond
  • (t) Button quail
  • (u) Prairie dogs
  • (v) Chinchillas
(3) No permit shall be required for the sale of poultry, hamsters, guinea pigs, domestic rats and mice, gerbils, or chameleons (Anolis). (7) Disaster and Critical Incident Plans: Applicants for permits to possess wildlife in captivity as authorized pursuant to Sections 379.3761 or 379.303, F.S., or the provisions of this chapter shall document in writing a course of action to be taken in preparation for disasters or critical incidents. Such course of action shall be documented on the Captive Wildlife Critical Incident/Disaster Plan form FWCDLE_619 (06/09), which is adopted and incorporated herein by reference. Forms may be obtained by submitting a request to: Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, 620 South Meridian Street, Tallahassee, Florida 32399-1600, or at www.myfwc.com/permits. This form shall consist of two parts. Part A of form FWCDLE_619 shall be submitted at the time of initial application or renewal; and Part B shall be retained in the permittee‚?Ts files at the facility location and be made available for inspection upon request of Commission personnel and the director of the local emergency management agency for the county where the facility is located. (a) Provisions of this subsection shall apply to permittees maintaining captive wildlife in Florida. (b) For permittees where the facility is located out of state, the provisions of this subsection shall apply when such permittee is in travel status with Class I or Class II wildlife. In this instance Part B must accompany the Class I or Class II wildlife while in travel status in Florida and shall describe the course of action to be taken in the event of a critical incident or natural disaster in Florida.

68A-6.0023. General Regulations Governing Possession of Captive Wildlife.

  • (1) No person shall maintain captive wildlife in any unsafe or unsanitary condition, or in a manner which results in threats to the public safety, or the maltreatment or neglect of such wildlife.
  • (4) Any condition which results in wildlife escaping from its enclosure, cage, leash, or other constraint, or which results in injury to any person, shall be considered a violation of subsection 68A-6.0023(1) hereof.
  • (5) Sanitation and Nutritional Requirements:
  • (a) Sanitation, water disposal, and waste disposal shall be in accordance with all applicable local, state, and federal regulations.
  • (b) Water: Clean drinking water shall be provided daily. Any water containers used shall be clean. Reptiles and amphibians that do not drink water from containers and those in an inactive season or period shall be provided water in a manner and at such intervals as to ensure their health and welfare. All pools, tanks, water areas and water containers provided for swimming, wading or drinking shall be clean. Enclosures shall provide drainage for surface water and runoff.
  • (c) Food: Food shall be of a type and quantity that meets the nutritional requirements for the particular species, and shall be provided in an unspoiled and uncontaminated condition. Clean containers shall be used for feeding.
  • (d) Waste: Fecal and food waste shall be removed daily from inside, under, and around cages and stored or disposed of in a manner which prevents noxious odors or pests. Cages and enclosures shall be ventilated to prevent noxious odors.
  • (e) Cleaning and maintenance: Hard floors within cages or enclosures shall be cleaned a minimum of once weekly. Walls of cages and enclosures shall be spot cleaned daily. The surfaces of housing facilities, including perches, shelves and any furniture-type fixtures within the facility, shall be cleaned weekly, and shall be constructed in a manner and made of materials that permits thorough cleaning. Cages or enclosures with dirt floors shall be raked a minimum of once every three days and all waste material shall be removed. Any surface of cages or enclosures that may come into contact with animal(s) shall be free of excessive rust that prevents the required cleaning or that affects the structural strength. Any painted surface that may come into contact with wildlife shall be free of peeling or flaking paint.
    • (6) No person shall possess any wildlife requiring a permit for personal use, or any wildlife for sale or exhibition, without documentation of the source and supplier of such wildlife.

      68A-6.006. Dealing in Exotic or Pet Birds: Records.

      • (1) Any person engaging in the business of breeding or the purchase or sale of exotic birds or birds customarily kept as pets shall be licensed as provided in s. 372.921, F.S.
      • (2)Any person who sells or transfers any live non-native bird to another shall maintain documentation for a period of 24 months following such sale or transfer. Such documentation shall include:
      • (a)The name and complete address of the recipient.
      • (b)The date of sale or transfer.
      • (c)The number and species of birds sold
      • (3)All records of sales or transfers shall be open to inspection by Commission personnel and to authorized agents of state or federal public health agencies.

      68A-6.004 Standard Caging Requirements for Captive Wildlife. (4) Carnivores and Certain Omnivores with Similar Requirements: (r) Birds. Perching birds shall be provided with a perch of a diameter sufficient to prevent the meeting of the bird's claws, and of sufficient height to prevent floor contact. Perches and perching areas shall be sufficient to accommodate all birds in the enclosure simultaneously. Perches shall be constructed in a manner and of materials that provide for effective cleaning or replacement to insure the health of the birds. Enclosures shall be provided with shelter(s). 1. Psittacine and small Passerines

    • a. Large (e.g., large cockatoos, large macaws, including Palm cockatoos, green-winged and similar sized birds). For one or two birds, a cage providing space sufficient to permit perching without the tail feathers touching the floor and provide for head clearance with normal posturing, with a minimum cage dimension to allow full extension of both wings. These measurements shall be based on the largest bird in the enclosure. For each additional bird, increase perimeter by 25 percent.
    • b. Medium (e.g., medium-sized parrots, lories and large conures including Amazons, Patagonian and similar sized birds). For one or two birds, a cage 18 inches by 18 inches, 2 feet high. For each additional bird, increase perimeter by 25 percent.
    • c. Small (e.g., parrots, cockatiels, lories and parakeets). For up to four birds, a cage 1 foot by 2 feet, 10 inches high. For each additional bird, increase perimeter by 25 percent.
    • d. Very-small (e.g., canaries, finches, and similar-sized birds (except hummingbirds)). For up to 2 birds, a cage 8 inches by 8 inches, 8 inches high. For each additional bird, increase perimeter by 25 percent.
    • e. Hummingbirds and sunbirds. For up to 5 birds, a cage 4 feet by 2 feet by 2 feet. For each additional bird, increase original floor area by 10 percent.
    • f. Small and medium passerine birds (e.g., jays, doves, pigeons, starlings and other similar-sized birds). For up to two birds, a cage 3 feet by 2 feet, 3 feet high. For each additional bird, increase perimeter by 25 percent.
    • g. Large passerine (e.g., ravens, crows, magpies, small hornbills and similar-sized birds). For up to two birds, a cage 4 feet by 4 feet, 6 feet high. For each additional bird increase original floor area by 25 percent.
    • h. Ground hornbills, Indian great hornbills, crowned pigeons and similar sized birds. (I) For up to three birds, a cage having 144 square feet of floor area, 6 feet high, with a perch elevated 4 feet above the floor. (II) For each additional bird, increase cage original floor area by 25 percent.

      2. Waterfowl.

    • a. Small to Medium (e.g., green-winged teal, mallard and similar sizes ducks, geese) (I) For up to four birds, a cage with 75 square feet of land area and 7.5 square feet of water area. (II) For each additional adult bird, increase enclosure and pool size by 25 percent.
    • b. Large (e.g., geese, swans, and similar size) (I) For up to four birds, an enclosure with 150 square feet of land and 15 square feet of water area. (II) For each additional adult bird, increase enclosure and pool size by 25 percent.

      3. Eagles, hawks, owls, vultures, toucans and toucanets

    • a. For each bird, an enclosure 2 wingspreads by 3 wingspreads. The roof shall be of sufficient height to permit bird to perch erect on the highest perch.
    • b. For each additional bird, increase cage length by 50 percent and width by 25 percent.
    • c. Birds of prey used for falconry demonstrations shall be kept as specified in paragraph 68A-9.005(4), F.A.C.

      4. Large ground-dwelling (e.g., Congo peafowl, Javan peafowl, curassows, wild turkeys, brush turkeys (moundbuilders), large grouse, capricali, and sage hen) (exhibit only)

    • a. For up to five birds, a cage having 144 square feet of floor, 6 feet high, with the perch elevated 4 feet above the floor.
    • b. For each additional bird, increase original floor area by 10 percent.

      5. Lesser game birds (e.g., pheasants, wild guinea fowl, tragopans, snowcocks, partridge, grouse, chachalacas, guans) (exhibit only)

    • a. For up to five birds, a cage having 100 square feet of floor, 6 feet high, with the perch elevated 30 inches.
    • b. For each additional bird, increase original floor area 10 percent.

      6. Quail (e.g., bob-white quail, scaled quail, button quail, and other species) (exhibit only)

    • a. For a pair, a cage 2 feet by 2 feet, 1 foot high.
    • b. For each additional animal, increase original floor area by 10 percent.

      7. Wading birds (e.g., flamingos, ibises, spoonbills, herons, egrets, cranes, storks and their allies) and certain shore birds (plovers and sandpipers)

    • a. For up to five, a cage of 144 square feet, with a wading pool of water covering 14 square feet.
    • b. For each additional bird, increase original floor area by 25 percent.

      8. Diving, skimming fish-eaters (e.g., pelicans, cormorants, anhinga, frigate birds, gannets, boobies, albatrosses, sheerwaters, petrels, sheepbills)

    • a. For up to two birds, a cage of 144 square feet, one half of which will be a pool of water, 18 inches deep.
    • b. For each additional bird, increase original paddock area by 25 percent.

      9. Penguins (e.g., Humboldts, Emperor, King, Jackass, etc.), puffins, murres, auks

    • a. Puffins, murres, auks For up to two birds, a cage of 100 square feet, one half of which shall be a pool of water, three feet deep. For each additional animal, increase original floor area and pool size by 25 percent.
    • b. Penguins-large (e.g., Emperor, King, and southernmost species). For up to two birds, a cage of 100 square feet, one half of which shall be a pool of water, three feet deep with flowing water, 55-degree Fahrenheit or less. For each additional animal, increase original floor area and pool size by 25 percent.
    • c. Penguins-small (e.g., Humboldts, blackfoot and northernmost species). For up to two birds, a cage of 80 square feet, one half of which shall be a pool of water, two feet deep. For each additional bird, increase original floor area and pool size by 25 percent.

      10. Ratites (e.g., ostrich, rhea, emu, cassowary)

    • a. For one or two birds, a paddock enclosing 500 square feet, four feet high (six feet for ostriches) with an attached shaded, protected area.
    • b. For each additional bird, increase original paddock area by 25 percent.

      (5) Effective date: All cage and enclosure requirements in this rule shall not take effect until January 1, 2008. Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.303, 379.304 FS. History‚?"New 8-1-79, Amended 6-22-80, 6-4-81, Formerly 39-9.03, Amended 6-21-82, Formerly 39-6.04, Amended 5-10-87, 4-13-88, 7-1-90, 9-1-90, 4-14-92, 2-1-98, Formerly 39-6.004, Amended 1-1-08, 8-27-09.

      68A-6.0041 Exceptions to Standard Caging Requirements for Captive Wildlife. Wildlife may be temporarily housed in cages or enclosures smaller than the sizes set forth in Rule 68A-6.004, F.A.C., only under the following circumstances:
    • (1) For transport and for performing and non-performing animals as specified in Rule 68A-6.005, F.A.C.
    • (2) Wildlife being held for sale by those persons properly licensed pursuant to Section 379.3761 or 379.3711, F.S., or for veterinary care, or quarantine may be temporarily housed or caged in smaller cages or enclosures for a period not to exceed 60 days. With written notification to the Commission, this period may be extended in circumstances where a licensed veterinarian has certified that a longer holding period is medically necessary in the interests of the health, safety and welfare of the subject animals or the public. Medical records concerning all animals for which an extension of the 60-day period is obtained shall be maintained at the facility and shall be made available for inspection, upon request, by Commission personnel. The caging or enclosure of all wildlife temporarily held under this section shall not be smaller than that required for the caged animal to stand up, lie down, and turn around without touching the sides of the enclosure or another animal. All wildlife thus caged or housed shall be permanently marked or their enclosures shall be permanently marked, so as to be traceable to written records indicating the date the wildlife was placed in temporary holding. Such records shall be maintained and made available for inspection by Commission personnel. Commission personnel shall direct dealers to mark wildlife temporarily if, upon inspection, there is no record indicating the date the wildlife was placed in temporary holding.
    • (5) Hatchling/fledgling birds and newborn reptiles and amphibians may be held in enclosures that allow for normal postural movements and social adjustments that ensure the health and sanitary needs of the animals.
    • (6) Birds held temporarily for exhibit only and not for sale may be kept in show cages or enclosures for a maximum of three (3) days, provided that, such birds have sufficient space for perching without touching the sides, top, or bottom of the cage and the health and sanitary needs of the birds are met. Water shall be available in the show cages at all times.
    • (9) For animals held at exotic animal auctions, flea markets, and animal swap meets, said animals may be kept in enclosures that meet the size requirements of subsection (2) provided that such wildlife is maintained in accordance with paragraphs (9)(a)-(g) below. The owner of said wildlife shall be responsible for the welfare of such animals, unless such wildlife is consigned to an auctioneer or other sales representative, at which time the consignee shall be responsible.
    • (a) Wildlife shall be transported and held in non-injurious enclosures, under conditions that provide fresh air without injurious drafts, and shall be provided protection from the elements.
    • (b) Wildlife shall be protected from temperature extremes that could be detrimental to the health and welfare of the animals.
    • (c) Birds and mammals shall be watered at least twice during each twelve hour period.
    • (d) Fecal and food waste shall be removed from the wildlife's enclosures daily.
    • (e) Wildlife held in the same enclosures shall be kept in compatible groups.
    • (f) Wildlife cages/enclosures shall not be stacked over other cages/enclosures unless excreta is prevented from entering lower cages/enclosures.
    • (g) Sick or injured wildlife shall be afforded prompt veterinary treatment. The owner of said wildlife shall be responsible for the welfare of such animals, unless such wildlife is consigned to an auctioneer or other sales representative, at which time the consignee shall be responsible.