The purpose of the proposed rule amendments is to update terms and rule references and allow the sale of alligator meat yielded from licensed alligator meat processors who process alligators resultant from a new special-use ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-25.052Regulations Governing the Processing of Alligators and Sale of Alligator Meat, Carcasses, and Parts

PURPOSE AND EFFECT: The purpose of the proposed rule amendments is to update terms and rule references and allow the sale of alligator meat yielded from licensed alligator meat processors who process alligators resultant from a new special-use alligator harvest opportunity. The effect of these proposed rule amendments is to provide clear direction to stakeholders about labeling requirements on alligator carcasses and the required alligator harvest report form and create a mechanism that allows the sale of alligator meat from the new alligator harvest program.

SUMMARY: The proposed rule amendments are part of a programmatic review of the Alligator Management Program and the proposed changes are intended to provide clarity while creating an avenue for alligator meat from the new special-use alligator harvest permit to be lawfully sold.

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, Sec. 9, Florida Constitution.

LAW IMPLEMENTED: Article IV, Sec. 9, Florida Constitution.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Brooke L. Talley, Ph.D., Alligator Management Program Coordinator, Division of Hunting and Game Management, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-25.052 Regulations Governing the Processing of Alligators and Sale of Alligator Meat, Carcasses, and Parts.

(1) through (2) No change.

(3) Alligator meat from alligators that which have harvest tags affixed bearing the word letters “MERCURY MER” as part of the tag numbers may not be sold for human consumption. If the meat is not discarded, the packaging shall be permanently and visibly labeled “NOT FOR SALE, Recommend: NOT FOR HUMAN CONSUMPTION” in addition to the labeling requirements of subsection (2) or (7) of this rule, as applicable.

(4) through (5) No change.

(6) Provisions for the operation of alligator processing facilities:

(a) Alligator processing facility permittees and their designated employees as provided by permit may receive and possess legally acquired, unskinned alligator carcasses and alligator meat. The unskinned alligator carcasses must have attached the CITES tag and, if applicable, the harvest tag bearing the word letters “MERCURY MER” as part of the tag number for processing.

(b) For alligators taken pursuant to Rules 68A-25.003, 68A-25.032, and 68A-25.042, and 68A-25.049, F.A.C., the alligator harvest report form (FWC form 1001AT, as referenced in sub-subparagraph 68A-25.049(2)(a)5.c., F.A.C.effective April 30, 2000) shall be completed and signed immediately upon receipt, and shall be further completed upon processing to indicate the amount of alligator meat packaged. A copy of the harvest report form shall accompany the carcass until processing.

(c) through (f) No change.

(7) through (13) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3012, 379.3751 FS. History–New 5-5-88, Amended 2-14-89, 4-11-90, 4-1-96, 9-15-96, 6-1-97, 4-12-98, 4-15-99, Formerly 39-25.052, Amended 4-30-00, 3-30-06, 9-13-20, 7-16-23, ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Morgan Richardson, Acting 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: February 22, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 18, 2023