Section 68A-16.003 - Non-Listed Migratory Birds, Nests, and EggsFor birds identified by the United States Departments of Interior or Commerce in 50 C.F.R. §10.13, List of Migratory Birds (effective 09/2016, which is hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-07922), and not listed in Chapter 68A-27 or Rule 68A-16.002, F.A.C., the following apply:
(1) Take of birds, nests, and eggs is prohibited pursuant to Rule 68A-4.001, F.A.C., without a permit or authorization, except as authorized in Commission-approved guidelines. The following Species Conservation Measures and Permitting Guidelines from the Commission are hereby incorporated by reference and can be found online at the following links:(2) The possession, sale, purchase, barter, transport, import, export, or collection of an inactive or active nest (meaning a nest containing eggs or flightless young) or parts thereof are prohibited by the Commission without appropriate Federal authorization.(3) Notwithstanding the prohibitions in subsection (2), onsite destruction of an inactive nest (meaning a nest that does not contain eggs or flightless young) or parts thereof is permitted by the Commission but may require Federal authorization.Fla. Admin. Code Ann. R. 68A-16.003
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
Adopted by Florida Register Volume 42, Number 250, December 28, 2016 effective 1/11/2017, Adopted by Florida Register Volume 43, Number 030, February 14, 2017 effective 3/2/2017, Amended by Florida Register Volume 45, Number 113, June 11, 2019 effective 6/25/2019, Amended by Florida Register Volume 46, Number 023, February 4, 2020 effective 2/17/2020.New 3-2-17, Amended 6-25-19, 2-17-20.