68A-12.009 Taking Destructive Birds
and Mammals.
(1) The prohibitions contained in Chapters
68A-12 and 68A-24 shall not prevent
persons from killing destructive mammals
except deer or bear on their own property
by means other than gun and light, steel
traps or poison, provided that they may
be killed only within the immediate locality
where damage is occurring.
(2) Bear or deer damaging personal
property may not be taken unless
authorized by a permit issued by the
Executive Director.
(3) As provided in s. 372.99, F.S., deer
damaging agricultural crops may be
taken as authorized by permit issued by
the Executive Director. A written application
(GFC Form DDPA 1000, effective
July 1, 1998, adopted and incorporated
herein by reference and available from
the Commission's regional offices) shall
be required before more than five (5)
depredating deer tags are issued to a
person for a specific property within a
calendar year.
(4) The use of a gun and light at night,
poison, steel traps, or other traps may be
authorized by permit issued by the Executive
Director for the purpose of killing
destructive birds or mammals.
(5)(a) Blackbirds, cowbirds, grackles or
crows may be taken when committing or
about to commit depredations upon ornamental
trees, agricultural crops, livestock
or wildlife.
(b) Other migratory nongame birds, except
birds listed in Rule 68A-27, F.A.C.,
committing or about to commit depredation
upon ornamental trees, agricultural
crops, livestock or wildlife, or when concentrated
in a manner so as to constitute
a health hazard or public nuisance may
be killed under authority of a special
permit issued by the U.S. Fish and Wildlife
Service if such permit is required.
(c) Double-crested cormorants may be
taken as provided by 16 U.S.C. Section
712 only at freshwater commercial
aquaculture facilities certified by the
Florida Department of Agriculture and
Consumer Services and at stateoperated
freshwater hatcheries. Doublecrested
cormorants shall be disposed of
within the boundary of the aquaculture
facility by burial or incineration only. By
July 31 of each year, each certified
aquaculture facility shall report to the
Commission the number of cormorants
killed and the associated dates for the
previous 12-month period from July 1
through June 30 on form AQUAFRM.380,
which is incorporated herein by reference
and is effective 9-21-98.
(6) Destructive or nuisance wildlife may
be taken on another's property by any
person or entity only at the property
owner's request and if authorized by a
permit issued by the Executive Director,
except that family members of or persons
with an employee-employer relationship
with the property owner, may do so without
such permit as provided in 68A-
12.009(1).
(7)(a) Birds or mammals listed in Chapter
68A-27, F.A.C., that pose an imminent
jeopardy to aircraft safety and human
lives, may be harassed by airport operators
or their agents on airport property
on, or within 300 ft. of the edge of, runways,
taxiways, and the tarmac, in order
to prevent collisions between aircraft and
wildlife.
(b) For purposes of Rule 68A-12.009(7),
F.A.C., harass shall mean the persistent,
noninjurious disturbance to disperse
wildlife without physical capture or direct
handling.
(c) Airport personnel may take deer on
airport property if their presence poses a
potential threat to aircraft safety and
human lives. Deer may be killed with the
use of a gun and light at night. Other
methods of taking deer may be authorized
by permit under Rule 68A-12.009(3),
F.A.C. Carcasses of deer killed under
this rule shall be buried, incinerated onsite
or donated to a charitable, nonprofit
institution or agency. No deer carcasses
killed under this rule shall be retained for
use by airport personnel.
Specific Authority Art. IV, Sec. 9, Fla. Const.
Law Implemented Art. IV, Sec. 9, Fla. Const.
History–New 8-1-79, Amended 6-4-81, 6-21-
82, 7-1-85, Formerly 39-12.09, Amended 4-14-
92, 4-12-98, 6-23-98, 9-21-98, Formerly 39-
12.009.