Section 68A-12.004 - Possession or Sale of Birds or Mammals; Taxidermy Operations and Mounting Requirements(1) The possession for sale or the purchase or sale of birds, game mammals or the carcass or any part thereof whether produced in this state or transported from any other state or country is unlawful except as authorized herein.(2) Game legally taken may be stored in public cold storage, refrigerators, ice houses or ice boxes when packaged or labeled and clearly marked with the owner's name and, if a license is required, license number or FWC-issued customer number. (a) Any deer, or portions or parts thereof, subject to the provisions of paragraph 68A-12.003(2)(c), F.A.C., shall also have the Commission's harvest reporting system confirmation number recorded on the label, and any deer, or portions or parts thereof, legally taken out-of-state shall also have the telephone number of the person taking or acquiring such deer and the state of harvest recorded on the label. Such labeling shall remain on the deer, or portions or parts thereof, until final processing or until stored at the domicile of its possessor. As an alternative to labeling, the owner of any public cold storage, refrigerators, ice houses or ice boxes may use a log book and numbering or other tracking system. The log book shall contain the same information required of the aforementioned label. The log book shall be kept on the premises for inspection by Law Enforcement Officers of the Commission.(b) The owner, operator, or lessee of public cold storage, refrigerators, ice houses or ice boxes or a taxidermy or processing facility are not subject to possession limits described in Chapter 68A-13, F.A.C. for any game legally taken by another and stored in their facility.(3) Lawfully taken game may be prepared and served at any public eating place to persons who have killed such game and are in possession of a valid hunting license, if license is required.(4) Game produced on a licensed game farm may be sold and transported in the state at any time for any lawful purpose as herein provided.(5) Game not native to the state, except those designated in subsections (6), (7), (10) and (12) of this rule, when lawfully acquired may be sold or transported in the state and said game may be served in restaurants or any other public eating places.(6) Quail or any other bird that might be mistaken for quail when dressed for the market may not be sold except as provided in Rule 68A-12.006, F.A.C.(7) The sale of deer (venison) is prohibited except:(a) Live deer may be sold by licensed game farms and hunt preserves and transported alive as provided for in Rules 68A-12.010 and 68A-12.011, F.A.C.(b) Deer (venison) from species of deer not native to the state may be sold. Non-native deer (venison) may be sold uncooked to the public provided:1. Non-native deer (venison) may only be sold uncooked when packaged in a tamper-proof container with a label stating "NON-NATIVE VENISON (species identified)." The label shall identify the species of deer contained in the container.2. No person shall possess any venison for commercial consumptive purposes without being in possession of documentation that the venison is from non-native species produced on a licensed game farm or hunting preserve or otherwise legally acquired.(c) This section shall not supersede any rules of any state or Federal agency or any laws regarding quality control, inspections, transportation, sale or regulation of foodstuff and meat products.(d) As provided for in Rules 68A-12.010 and 68A-12.011, F.A.C.(8) The foregoing shall not prohibit the sale or purchase of articles manufactured from the heads, antlers, horns, hides, teeth and feet of lawfully taken game mammals, except black bear.(9) When lawfully taken, the feathers or skins of non-protected or resident game birds or the skins of deer, squirrels or rabbits may be sold.(10) The transportation or possession of a carcass, skull or untanned skin of any cougar is prohibited unless the cougar was legally taken or acquired and the carcass, skull or untanned skin of that cougar has attached thereto a tag bearing the name and address of the possessor, and the date when and specific place where the cougar was taken or acquired. In addition the possessor of the carcass, skull or untanned skin shall have in his possession documentation that the cougar was legally taken, acquired or exported from the state or country of origin.(11) Taxidermy operations and mounting requirements:(a) Any person engaged in taxidermy shall label all carcasses (whole specimens), untanned hides, and uncured animal parts of fish and wildlife, possessed or received with the name of the person taking or acquiring such fish or wildlife, the person's address, and date taken or acquired. In addition, any deer subject to the provisions of paragraph 68A-12.003(2)(c), F.A.C., shall have the Commission's harvest reporting system confirmation number recorded on the label, and any deer, or portions or parts thereof, legally taken out-of-state shall have the telephone number of the person taking or acquiring such deer and the state of harvest recorded on the label. As an alternative to labeling, persons engaged in taxidermy may choose to use a log book and numbering or tracking system. The log book shall contain the same information required of the aforementioned label. The carcass, untanned hide, or uncured animal part shall be assigned a number, which shall be affixed to the specimen so as to be readily identifiable and traceable to the log book information. The log book shall be kept on the taxidermist's premises for inspection by Law Enforcement Officers of the Commission.(b) After fish or wildlife carcasses, hides, and parts have been cured or mounted, tagging or maintaining a log account is required only for the following: 1. All nongame migratory birds as listed in the Federal Migratory Bird Treaty Act and as adopted by Rule 68A-16.001, F.A.C.2. All species listed by the Commission as Endangered or Threatened, and any Species of Special Concern for which there is no bag limit or open season established by the Commission or other state agency.3. All furbearing animals or non-game mammals for which there is no established open season.4. All alligators not tagged with CITES tags.(c) Persons engaged in taxidermy shall not possess nor mount fish and wildlife carcasses listed in subparagraphs 68A-12.004(11)(b) 1.-5., F.A.C., nor their parts (except for road-killed fox) without a permit from the Commission, except as provided herein. The procedure for obtaining permits for mounting shall be as follows: 1. Persons wishing to possess or mount such specimens or have such services performed, shall make application to the Commission online through http://www.GoOutdoorsFlorida.com for such permit.2. A printed and dated copy of the application shall be kept with the specimen, or the specimen shall be numbered and traceable to the printed copy of the application kept in a log book.3. The application shall include a description of the specimen, an explanation of how the specimen was acquired, and the date of application.4. The specimen shall not be maintained for over 90 days without a permit from the Commission.5. Specimens for which permits are not issued for mounting shall be buried, incinerated, or otherwise disposed of as directed by Commission law enforcement personnel.(d) The criteria for evaluation and issuance of permits for the mounting of protected species as listed in subparagraphs 68A-12.004(11)(b) 1.-5., F.A.C., shall be as follows: 1. For nongame migratory birds - Permits are issued only for educational display purposes to schools, nonprofit educational institutions, museums, or facilities operated by a municipal, county, state, or other public entity.2. For listed species referenced in Rules 68A-27.003 and 68A-27.005, F.A.C. - Permits are issued only in accordance with the requirements of Rules 68A-27.003, 68A-27.005 and 68A-27.007, F.A.C.3. For furbearing wildlife or nongame mammals - Permits are issued only when the specimen was legally acquired. No permit shall be required for road-killed fox.4. For alligators - Permits for the mounting of untagged alligators are issued only for educational display purposes to schools or nonprofit educational institutions, museums, or facilities operated by a municipal, county, state, or other public entity.5. For fawn deer - Permits for the mounting of fawn deer for possession by private individuals or businesses are issued only where the fawn was legally acquired or for educational display in schools, nonprofit educational institutions, museums, or facilities operated by a municipal, county, state, or other public entity.(e) No permit shall be required for the mounting of carcasses, green hides, or uncured parts of: 1. Frozen or preserved specimens of game birds, game mammals, or furbearing animals that were legally taken during the open season.2. Specimens of game mammals except black bear, game birds, fox squirrel, otter, bobcat or mink that were killed on roads or highways.(12) The sale or purchase of any bear carcass or any part thereof is prohibited. The sale or purchase of any taxidermal specimen of a black bear is prohibited. The sale or purchase of a taxidermal specimen of any other species of bear is prohibited unless it was legally taken or acquired and has attached thereto a tag bearing the name and address of the possessor and the date when and the specific place where it was taken or acquired. In addition the possessor of any taxidermal speciman of any bear shall have in his possession documentation that the specimen was legally taken, acquired, or exported from the state or country of origin. The possession or transportation of any carcass or untanned skin of any bear is prohibited unless it was legally taken or acquired and has attached thereto a Commission bear tag or a tag bearing the name and address of the possessor, the species, and the date when and specific place where it was taken or acquired. In addition the possessor of the carcass or untanned skin shall have in his possession documentation that it was legally taken, acquired or exported from the state or country of origin.Fla. Admin. Code Ann. R. 68A-12.004
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 8-1-79, Amended 6-4-81, 6-21-82, 7-5-84, Formerly 39-12.04, Amended 5-10-87, 6-8-87, 4-20-94, 8-7-97, Formerly 39-12.004, Amended by Florida Register Volume 41, Number 135, July 14, 2015 effective 7/29/2015, Amended by Florida Register Volume 42, Number 250, December 28, 2016 effective 1/11/2017, Amended by Florida Register Volume 45, Number 064, April 2, 2019 effective 7/1/2019, Amended by Florida Register Volume 47, Number 120, June 22, 2021 effective 7/4/2021, Amended by Florida Register Volume 48, Number 056, March 22, 2022 effective 7/1/2022, Amended by Florida Register Volume 48, Number 139, July 19, 2022 effective 8/2/2022, Amended by Florida Register Volume 49, Number 129, July 5, 2023 effective 7/17/2023.New 8-1-79, Amended 6-4-81, 6-21-82, 7-5-84, Formerly 39-12.04, Amended 5-10-87, 6-8-87, 4-20-94, 8-7-97, Formerly 39-12.004, Amended 7-29-15, 1-11-17, 7-1-19, 7-4-21, 7-1-22, 8-2-22, 7-17-23.