The purpose of the proposed rule is to expand the options for establishing non-hatchling quotas to include any unused quota from the previous year and establishing provisions for utilizing previous years’ data to establish alligator nest and ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-25.032: Regulations Governing the Establishment of Alligator Management Programs on Private Lands
PURPOSE AND EFFECT: The purpose of the proposed rule is to expand the options for establishing non-hatchling quotas to include any unused quota from the previous year and establishing provisions for utilizing previous years’ data to establish alligator nest and hatchling collection quotas similar to the provisions for non-hatchling quotas; eliminate the slot limit restriction; allow agents of other licensed alligator trappers and farmers to assist permittees with non-hatchling, hatchling, and egg harvests if in the presence of the alligator trapper or farmer whom they are licensed under; prohibit the alteration of the locking mechanism of CITES tags; and clarify that the use of a light in conjunction with listed methods of take is permissible. The effect will be to streamline participation requirements and strengthen enforcement actions on persons trying to subvert tagging requirements.
SUMMARY: The proposed rule would expand the options for establishing non-hatchling quotas to include any unused quota from the previous year and establishing provisions for utilizing previous years’ data to establish alligator nest and hatchling collection quotas similar to the provisions for non-hatchling quotas; eliminate the slot limit restriction; allow agents of other licensed alligator trappers and farmers to assist permittees with non-hatchling, hatchling, and egg harvests if in the presence of the alligator trapper or farmer whom they are licensed under; prohibit the alteration of the locking mechanism of CITES tags; and clarify that the use of a light in conjunction with listed methods of take is permissible.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 6-7, 2008, 8:30 a.m. – 5:00 p.m., each day
PLACE: Bay Point Marriott Golf Resort & Spa, 4200 Marriott Drive, Panama City Beach, Florida 32408
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator, at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Nick Wiley, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-25.032 Regulations Governing the Establishment of Alligator Management Programs.

Alligator management programs designed for the taking of alligator eggs and hatchlings and the trapping of non-hatchling alligators may only be established on private lands and on public lands, other than sovereign submerged lands, for which a governmental entity can demonstrate an ownership interest or a leasehold interest and approval of the owner (referred to as “public lands” in this section) under the following conditions:

(1) Alligator Management Program – Application and review procedures.

(a) through (f) No change.

(g) Designees shall be licensed in accordance with the provisions of Section 372.6673, F.S., prior to the issuance of their permits. A permittee’s agents shall be licensed prior to said agents taking non-hatchling alligators, alligator hatchlings, or alligator eggs and prior to relocating nuisance alligators.

(h) No change.

(2) Procedures governing the issuance of harvest permits and the taking of non-hatchling alligators.

(a) No change.

(b) With respect to alligator population surveys submitted pursuant to subparagraphs (2)(a)2. and 3.:

1. through 2. No change.

3. A one-time request for a harvest quota may be submitted to utilize any unused harvest quota specific to the property from the previous year, provided other provisions for establishing a harvest quota have not been utilized.

(c) No change.

(d) Alligators greater than nine feet in length and alligators less than six feet in length may be taken from April 1 through August 31 and non-hatchling alligators may be taken from September 1 through March 31.

(d)(e) Alligators may be taken by the use of firearms, live traps, sethooks, and snares; baited, wooden pegs less than two (2) inches in length attached to a hand-held restraining line; harpoons, gigs, and snatch hooks; and manually operated spears, spearguns, gig-equipped bang sticks, crossbows, and bows with projectiles attached to a restraining line. Sethooks may only be used during the period September 1 through March 31. The use of firearms other than bang sticks and gig-equipped bang sticks is prohibited from sunset to sunrise. Not withstanding Rule 68A-4.002, F.A.C., a light may be used in conjunction with these methods of take.

(e)(f) The designee’s agents licensed pursuant to Section 372.6673, F.S., and any licensed alligator trapper and licensed agent(s) for that trapper while in the presence of that trapper In addition to the designee, his licensed agents and any licensed alligator trapper may take non-hatchling alligators provided they are authorized to do so by the designee. Authorized licensees taking non-hatchling alligators independently of the designee shall be in possession of a copy of the harvest permit. Persons licensed as alligator trapping agents other than those licensed under the permittee’s alligator trapping license are not authorized to take alligators pursuant to this subsection.

(f)(g) Any alligators captured shall be killed before the permittee or his authorized licensee leaves the property described in the Alligator Management Program Application (FWC form 1000PW). An identifying alligator CITES tag issued by the Commission shall be locked through the skin of the alligator within six (6) inches of the tip of the tail immediately upon killing or, if the alligator is killed from or in a boat, no later than immediately upon return to shore and before leaving the property. If there is a permitted alligator processing facility on the property, alligators must be tagged immediately upon capture except that alligators captured from a boat must be tagged no later than immediately upon return to shore and before leaving the property. The identifying alligator CITES tag shall remain attached to the alligator hide until the hide is tanned, taxidermy mounted, or exported from the state. CITES tags may not be altered to compromise the locking mechanism in any way and shall be used only one time., and The the possession of any alligator hide not tagged as prescribed herein is prohibited, and such hide shall be subject to seizure and forfeiture to the Commission under the provisions of Section 372.73, F.S.

(g)(h) No change.

(3) Procedures governing the issuance of collection permits and the taking of alligator eggs and hatchlings.

(a) through (b) No change.

(c) With respect to alligator nest and hatchling pod surveys submitted pursuant to paragraph (3)(b):

1. Only one alligator nest and hatchling pod survey may be submitted each year.

2. A harvest quota may be requested without submitting a current alligator nest or hatchling pod survey in the year immediately following two consecutive years of alligator nest or hatchling pod surveys, and in alternate years thereafter, provided the surveyed areas and survey methodologies are comparable between surveys.

(e) through (f) renumbered (d) through (g) No change.

(h)(g) The designee’s agents licensed pursuant to Section 372.6673, F.S., and any licensed alligator farmer and licensed agent(s) for that farmer while in the presence of that farmer In addition to the designee, his licensed agents and any licensed alligator farmer may take alligator eggs or hatchlings as provided in the harvest permit provided they are authorized to do so by the designee. Authorized licensees taking alligator hatchlings or eggs independently of the designee shall be in possession of a copy of the harvest permit. Persons licensed as alligator farming agents other than those licensed under the permittee’s alligator farming license are not authorized to take alligator eggs or hatchlings pursuant to this subsection.

(h) through (i) renumbered (i) through (j) No change.

(4) through (5) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.6672 FS. History–New 5-5-88, Amended 2-14-89, 4-11-90, 4-4-91, 4-15-92, 10-22-92, 4-29-93, 4-10-94, 3-30-95, 4-1-96, 9-15-96, 4-12-98, Formerly 39-25.032, Amended 5-28-00, 10-10-00, 5-13-02, 3-30-06,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Nick Wiley, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 5, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 7, 2007