My question pertains to why are no marine mammals listed as class 1 or
class 2 animals in the state of Florida? The following paragragh
describes the classification for Class 1, 2 ,3 animals. No marine
mammals are listed.Only land animals. Why? If killer whales and walrus
were listed what would they be? Class 1? 2?
"Rule 68A-6.002, Categories of Captive Wildlife
For the purpose of public safety, wildlife has been divided into
several categories or classes that help define the behavioral
characteristics inherit in wild animals. Because husbandry and
security issues vary according to the size and temperament of the
species, applicants must meet certain qualifications specific to the
class of wildlife desired. Each class also has specific requirements
for caging construction and safety access. This Rule defines the
different wildlife classes. Class I, II, and III wildlife species are
defined. Class I wildlife are dangerous species and (i.e., lions,
tigers, chimpanzees) that may not be kept as personal pets and may
only be possessed for exhibition or other bona-fide uses under Chapter
372.921, F.S. Class II wildlife is potentially dangerous (i.e.,
cougars, wolves, macaques) and may only be possessed for exhibition or
sale and by experienced private individuals who can qualify to possess
them for personal use under Chapter 372.921 and Rule 68A-6.0022. Class
III wildlife includes all wildlife not listed as I or II."
Florida Fish and Wildlife Conservation Commission: Captive Wildlife Regulations
http://myfwc.com/captive/cwr-3.html
Below you'll find a list of Class I animals, as classified in the
Florida Administrative Code.
"68A-6.0011. Possession of Wildlife in Captivity; Permit
Requirements...
68A-6.002. Categories of Captive Wildlife.
(1) The Commission hereby establishes the following categories of wildlife:
(a) Class I:
1. Chimpanzees (genus Pan)
2. Gorillas (genus Gorilla)
3. Gibbons (genus Hylobates)
4. Drills and mandrills (genus Mandrillus)
5. Orangutans (genus Pongo)
6. Baboons (genus Papaio)
7. Siamangs (genus Symphalangus)
8. Gelada baboons (genus Theropithecus)
9. Snow leopards (Panthera uncia)
10. Leopards (Panthera pardus)
11. Jaguars (Panthera onca)
12. Tigers (Panthera tigris)
13. Lions (Panthera leo)
14. Bears (family Ursidae)
15. Rhinoceros (family Rhinocerotidae)
16. Elephants (family Elephantidae)
17. Hippopotamuses (family Hippopotamidae)
18. Cape buffalos (Syncerus caffer caffer)
19. Crocodiles (except dwarf and Congo) (family Crocodilidae)
20. Gavials (family Gavialidae)
21. Black caimans (Melanosuchus niger)
22. Komodo dragons (Varanus komodoensis)"
THE FLORIDA ADMINISTRATIVE CODE: FRESHWATER FISH AND WILDLIFE
http://myfwc.com/codebook/2003/part4_new.pdf |
Request for Question Clarification by
pafalafa-ga
on
11 Aug 2006 18:21 PDT
jard1-ga,
Your question turns out to be a surprisingly complex topic.
It seems that the key reason for Florida's silence regarding marine
mammals is that these animals are exclusively subject to federal
jurisdiction, and any state laws are pre-empted.
The capture, keeping or exhibition of marine mammals was originally
regulated under the Marine Mammals Protection Act, under the authority
of NOAA, but authority was later transferred to USDA under the Animal
Welfare Act of 1994.
You can read a bit of the history here:
http://www.nmfs.noaa.gov/pr/permits/mmpa_permits.htm#display
and see some of the current USDA oversight activities here:
http://riley.nal.usda.gov/nal_display/index.php?info_center=3&tax_level=1&tax_subject=180
USDA also has some jurisdiction over land animals as well, but (I
think) since marine mammals all come from federal waters (or are
imported), then they are under federal jurisdiction.
Wish I had a more definitive explanation, but it would take some real
in-depth legal research to untangle everything going on here.
Hope that helps a bit, though.
pafalafa-ga
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