Sources: Florida Statutes Annotated, 1990, Chapter 372; 1991 Cumulative Pocket Part.
STATE WILDLIFE POLICY
The legislature recognizes that the State of Florida harbors a wide diversity of fish and wildlife and that it is the policy of this state to conserve and wisely manage these resources, with particular attention to those species defined by the Game and Fresh Water Fish Commission, the Department of Natural Resources, or the US Department of the Interior as being endangered or threatened. As Florida has more endangered and threatened species than any other continental state, it is the intent of the legislature to provide for research and management to conserve and protect these species as a natural resource (372.072). (See also RELEVANT WILDLIFE DEFINITIONS.)
The legislature recognizes the value of maintaining ecologically healthy and stable populations of a wide diversity of fish and wildlife species and recognizes the need for monitoring, research, management, and public awareness of all wildlife species in order to guarantee that self- sustaining populations be conserved. The legislature further recognizes that research and management for game species traditionally have been supported by licenses and fees collected by the Commission for consumptive uses of wildlife and that no support mechanism is available for species not commonly pursued for sport or profit. It is the intent of the legislature that the funds provided herein be spent to identify and meet the needs of nongame wildlife as a first priority with the ultimate goal of establishing an integrated approach to the management and conservation of all native fish, wildlife and plants (372.991). (See Agency Funding Sources under STATE FISH AND WILDLIFE AGENCIES.)
The legislature finds that the release of large numbers of balloons inflated with lighter-than-air gases poses a danger and nuisance to the environment, particularly to wildlife and marine animals. It is unlawful to intentionally release within a 24-hour period 10 or more lighter than air balloons except for meteorological/scientific government agency balloons, hot air balloons recovered after launching, balloons released indoors, or balloons which are biodegradable or photodegradable, as determined by rule of the Marine Fisheries Commission, and which are closed by a hand-tied knot without string, ribbon or other attachments. Violation: noncriminal infraction; fine $250. Persons may petition the circuit court to enjoin the release of 10 or more balloons within their county (372.995).
The legislature finds that commercial and recreational fishing constitute activities of statewide importance and their continuation will benefit the health and welfare of the people. The legislature further finds that commercial and recreational fishing operations conducted in developing and urbanizing areas are potentially subject to curtailment by local government zoning and nuisance ordinances which may unreasonably force the closure of the productive fishing operations. It is the purpose of this act to prevent the curtailment or abolishment of fishing operations solely because the area in which they are located has changed in character or the operations are displeasing to neighboring residents. As used in this act, "commercial fishing operation" means any type of activity conducted on land, requiring location or storage of commercial fishing equipment such as fishing vessels, fishing gear, docks, piers, landing areas, cold storage facilities, including an activity necessary to prepare finfish or shellfish for refrigeration; it does not include operations with the sole or primary function of processing seafood. No commercial or recreational fishing operation shall be declared a public or private nuisance solely because of a change in ownership, or change in the character of the property around the locality of the operation. No local governing authority shall adopt an ordinance that declares commercial or recreational fishing operation to be a nuisance solely because of its nature, or a zoning ordinance that unreasonably forces its closure. Local governments may regulate to prevent, ameliorate, or remove nuisance conditions pursuant to local zoning codes by declaring such operation to be a nonconforming use. This act shall not be construed to permit an existing operation to change to a larger operation with regard to emitting more noise or odor, where the change violates local ordinances or regulations or creates a nuisance (372.993).
PROTECTED SPECIES OF WILDLIFE
It is unlawful to kill an "endangered species" known as the Florida panther (Felis concolor coryi), or to kill a member of the species of panther (Felis concolor) occurring in the wild. Unlawfully killing a Florida panther or a member of the species of panther occurring in the wild, is a felony of the third degree, punishable as provided in 775.082, 775.083 and 775.084 (372.671). It is unlawful intentionally to kill or wound a fish or wildlife designated by the Commission as endangered, threatened, or of special concern, or intentionally to destroy the eggs or nest of the fish or wildlife, except as provided for in rules of the Commission, the Department of Natural Resources, or the Marine Fisheries Commission. A violation is a felony of the third degree, punishable as provided in 775.082, 775.083 and 775.084 (372.0725).
No person or firm shall keep, possess, or exhibit a poisonous or venomous reptile without a permit. The permit is to be issued only when assured that all provisions of 372.86 through 372.91 and other Commission regulations will be fully complied with in all respects and is subject to revocation for violation of a Commission regulation relating to the keeping, possessing and exhibiting of reptiles. No person shall exhibit to the public, with or without charge, a poisonous or venomous reptile without posting a bond in the penal sum of $1,000 conditioned that the exhibitor will indemnify and save harmless all persons from injury or damage from reptiles and shall comply with all Commission regulations. All persons licensed to keep/exhibit poisonous reptiles shall provide safe, secure housing in a manner approved by the Commission. Poisonous reptiles may be transported only in cloth sacks in ventilated boxes with "danger" label as specified. No person except the licensee or the licensee's authorized employee shall open a pit, cage or other container which contains poisonous or venomous reptiles. The Commission may prescribe other rules necessary to prevent the escape of poisonous and venomous reptiles (372.86 through .92). Reptiles are subject to inspection by Commission officers to determine if they are securely housed, and deficiencies must be remedied within 30 days or the license is subject to revocation (372.901). All persons sponsoring and conducting an organized poisonous reptile hunt for whatever purpose shall comply with the above provisions, and hunts must be registered with the Department of State and with the Commission (372.912).
See also RELEVANT WILDLIFE DEFINITIONS; HUNTING, FISHING, TRAPPING PROVISIONS; and ENFORCEMENT OF WILDLIFE LAWS.
HABITAT PROTECTION
See Agency Funding Sources under STATE FISH AND WILDLIFE AGENCIES.
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu