The purpose of the proposed rule amendment is to clarify that there are exemptions to alligator trapping licensing requirements. The effect of the proposed rule amendment will be to make the rule consistent with recent changes to s. 379.3751, F.S.

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.: RULE TITLE:

68A-25.042 Regulations Governing Statewide Alligator Trapping, Permitting, Taking and Sale

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to clarify that there are exemptions to alligator trapping licensing requirements. The effect of the proposed rule amendment will be to make the rule consistent with recent changes to s. 379.3751, F.S.

SUMMARY: The proposed rule amendment would clarify that there are exemptions to alligator trapping licensing requirements consistent with recent changes to s. 379.3751, F.S.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule and the preliminary analysis conducted to determine whether a SERC was required

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.

RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: February 10 - 11, 2016, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Doubletree by Hilton Hotel, Tampa Airport – Westshore, 4500 West Cypress Street, Tampa FL, 33607

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: Diane R. Eggeman, 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-25.042 Regulations Governing Statewide Alligator Trapping, Permitting, Taking and Sale.

No person shall take non-hatchling alligators from the wild except as provided herein and under other applicable rules of the Commission.

(1)(a) through (b) No change.

(2) Harvest permit issuance:

(a) Harvest permits may be applied for through the Commission’s online licensing system at designated times and dates each year by:

1. Paying for an alligator trapping license, unless exempt, as specified required by Section 379.3751379.3451, F.S., and $10 for each CITES tag, pursuant to Section 379.3752, F.S., issued with harvest permits; or

2. Providing evidence of possession of an alligator trapping license valid through the last day of the designated harvest season, or a current-year Statewide Alligator Harvest Permit, and paying $30 for each CITES tag, pursuant to Section 379.3752, F.S., issued with harvest permits.

(b) through (f) No change.

(3)(a) through (d) No change.

(e) Any persons actively participating in the taking of alligators as provided herein shall possess an alligator trapping license or alligator trapping agent’s license, if necessary, in accordance with the provisions of Section 379.3751, F.S. However, for the purposes of this provision, the taking of alligators does not include the activities of driving the vessel or the use of a light.

(f) No change.

(g) Any person possessing a valid alligator trapping or trapping agent’s license, or who is exempt from such licenses, pursuant to Section 379.3751, F.S., may take alligators as provided in the harvest permit but only in the presence of the permittee.

(h) through (i) No change.

(j) Tags issued under this section shall remain the property of the Commission until affixed as provided herein. Tags issued pursuant to this section may be possessed only by the permittee or persons provided for in paragraph (3)(g) above his licensed agents prior to use. The permittee shall be strictly liable in ensuring that possession of unused tags is limited to persons authorized under this rule.

(k) No change.

(4) through (5) No change.

 

PROPOSED EFFECTIVE DATE:  As soon as possible following Commission action.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3012, 379.3751, 379.3752 FS. History–New 5-5-88, Amended 2-14-89, 4-11-90, 4-14-92, 4-29-93, 7-1-94, 3-30-95, 4-1-96, 9-15-96, 4-12-98, Formerly 39-25.042, Amended 4-30-00, 5-13-02, 4-11-04, 3-30-06, 3-19-08, 3-12-09, 7-20-09, 7-20-11, 3-24-13, 8-19-14,             .

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED.  IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Diane R. Eggeman, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 19, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 8, 2015