Florida Canned Hunting Statutes and Regulations

No Ban: Mammals Permitted.*

Statute

A "private hunting preserve" includes "any area set aside by a private individual or concern on which artificially propagated game or birds are taken." F.S.A. §372.001(14).

"Game" is defined as "deer, bear, squirrel, rabbits, and, where designated by commission rules, wild hogs, ducks, geese, rails, coots, gallinules, snipe, woodcock, wild turkeys, grouse, pheasants, quail, and doves." Id. at §372.001(11).

The operation, commercially or otherwise, of a hunting preserve requires a $70 license fee for each such preserve. Id. at §372.661(1).

During the open season established for wild game of any species, however, a private individual may take artificially propagated game up to the legal bag limit without paying the license fee. Id. If a person charges a fee for taking such game, then the license fee is required and the person must comply with the rule and regulations developed by the Commission relative to the operation of private hunting preserves. Id. A commercial hunting preserve license, which exempts patrons from other hunting licensure requirements while hunting on the licensed preserve property, costs $500. Id.

A license is required to establish, maintain, and operate a private game preserve or farm, not exceeding an area of 640 acres, for the protection, preservation, propagation, rearing, and production of game birds and animals for private and commercial purposes. Id. at §372.16(1).

All such facilities must be fenced in a manner that domestic game thereon may not escape and wild game on surrounding lands may not enter and provide sufficient food and humane treatment for the game kept thereon. Id. at §372.16(2).

Live game from such facilities may be purchased, sold, shopped and transported for propagation and restocking purposes only at any time. Id. Game may be sold for food purposed only during the open season provided by law. Id. Furthermore, all game "must be killed on the premises of such private game preserve or farm and must be killed by means other than shooting, except during the open season." Id. Reports from the operations of such facilities are required by the Florida Fish and Wildlife Conservation Commission. Id.

It is unlawful to "import for sale or use, or to release within this state, any species of the animal kingdom not indigenous to Florida without having obtained a permit to do so from the...Commission." Id. at §372.265(1).

Regulation

A license may be issued by the executive director of the Florida Fish and Wildlife Conservation Commission "for the establishment and operation of a private hunting preserve to allow the release and taking of captive-raised native and non-native game animals..." F.A.C. 68A-12.010(1).

A hunting preserve shall consist of not more than 10,000 acres. Id. at 68A-12.010(2).

For the hunting of game mammals, the land "shall be located within a legally fenced tract." Id. All laws or regulations pertaining to hunting shall apply on all hunting preserves except as follows:(a) the taking of carnivorous animals is prohibited on hunting preserves. Only game birds and game mammals of the Cervidae, Suidae, and Bovidae families shall be taken on hunting preserves; (b) game mammals shall not be taken on hunting preserves while boxed or caged and shall be taken only in accordance with the following conditions and methods:

1. Cervidae shall be free-roaming on not less than 200 acres, with a minimum of 100 acres covered with woody vegetation. The preserve shall be completely enclosed with an eight-foot deer-proof fence.

2. Bovidae shall be free-roaming on not less than 300 acres, with a minimum of 200 acres covered with grassy vegetation. The preserve shall be completely enclosed with an eightfoot deer-proof fence.

3. Suidae shall be free-roaming on not less than 100 acres, with a minimum of 50 acres covered with woody vegetation. Dogs may be used for the hunting of Suidae but only if the area is a minimum of 300 acres, with 200 acres covered with woody vegetation. Id. at 68A-12.010(4)(a,b)(1,2,3).

In addition, "the hunting of game mammals that were produced, raised, or held at a zoological attraction, or that are tame game mammals is prohibited." Id. at 68A-12.010(6).

A "tame game mammal" is defined as "one that does not exhibit the flight characteristics or normal (behavior) for the species when found in the wild." Id. The open season for taking native game mammals shall coincide with the established open season while nonnative hoofed stock and non-native game birds may be taken year-round on licensed hunting preserves. Id. at 68A-12.010(11).

* Instead of banning canned hunts, the Florida Fish and Wildlife Conservation Commission addressed the "humane treatment" of the animals on shooting preserves by creating regulations that apply to harvesting methods, sanitary conditions, food provision, and euthanization.

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