The purpose of the proposed rule amendment is to expand the maximum number of permits, provide for a recurring review deadline for reassessing the maximum number of permits, and establish an amended process for issuing permits based on accumulated ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-25.004Regulations Governing the Operation of Alligator Farms

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to expand the maximum number of permits, provide for a recurring review deadline for reassessing the maximum number of permits, and establish an amended process for issuing permits based on accumulated preference points related to access to alligator eggs collected under Rule 68A-25.031, F.A.C. The effect will be the addition of five participation slots, the establishment of a preference point system based on the number of years a qualified person has been permitted or licensed in the various alligator management program elements, and the establishment of an initial reassessment of the maximum number of participation slots by June 30, 2023 and every five years thereafter.

SUMMARY: The proposed rule amendment will expand the maximum number of permits, provide for a recurring review deadline for reassessing the maximum number of permits, and establish an amended process for issuing permits based on accumulated preference points related to access to alligator eggs collected under Rule 68A-25.031, F.A.C.

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:

DATES AND TIMES: June 19 – 20, 2018, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Location to be determined. Sarasota, FL

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: Morgan L. Richardson, 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-25.004 Regulations Governing the Operation of Alligator Farms.

Alligator farms may be established and operated and alligators, eggs, and hides may be possessed by alligator farmers and farming agents subject to the following:

(1) No change.

(a) through (b) No change.

(2) Licensing and permitting:

(a) through (e) No change.

(f) A maximum of 30 permits may be issued that grant authority to receive alligator hatchlings under subsection 68A-25.031(1), F.A.C., and a maximum of 35 30 permits may be issued that grant first opportunity to participate in the distribution of eggs taken from the wild under subsections 68A-25.031(2) and (3), F.A.C. Beginning by June 30, 2023, and by June 30th every five years thereafter, the maximum number of permits issued that grant first opportunity to participate in the distribution of eggs taken from the wild under subsection 68A-25.031(2), F.A.C., shall be reviewed by staff for additional opportunities. Such permits shall be issued by the executive director or designee as follows:

1. When a permit becomes available, notice of such availability shall be published in the Florida Administrative Register.

a. Persons wishing to apply for an available permit shall do so in writing within 30 days of publication of the notice in the Florida Administrative Register. Persons whose applications are received more than 30 days after publication of the notice shall not be eligible for assignment of the available permit, irrespective of the postmark date on their application. Only persons licensed as alligator farmers pursuant to Section 379.3751, F.S., may apply, and only one application per person will be accepted.

b. Available permits shall be assigned to the based on a random drawin of qualified applicant(s) with the highest number of accumulated preference points.  Only applicants who possess an alligator farm permit indicating 2,000 square feet of rearing tanks and who, as indicated by annual farm reports and supporting documents, received into their farm inventory in one of the previous three years at least 1,000 eggs or hatchlings, individually or combined, collected under Rules 68A-25.031 or 68A-25.032, F.A.C., shall be eligible.   Accumulated preference points will be assessed only for applicants who have not been issued in the last 10 years the type of permit being sought under this paragraph. Preference points will be calculated by determining the total number of years the applicant has received permits under each of Rules 68A-25.003, 68A-25.004, 68A-25.004(2)(f), 68A-25.032, 68A-25.042, and 68A-25.052, F.A.C., ­and licenses under s. 379.3751(2)(c) or (e), F.S., and s. 379.3761, F.S. (for alligators) since January 1, 2000.  A random drawing, among applicants with the same number of preference points, will be used to select which applicant will be awarded a permit when two or more applicants are tied for the highest number of preference points.

c. Individuals assigned an available permit on the respective list shall be so notified. Said applicant shall have 180 days after notification to meet the eligibility criteria for alligator farm facilities specified herein. The applicant may be issued a permit following an inspection and determination that these requirements have been met.

2. through 4. No change.

(g) through (j) No change.

(3) through (8) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3751 FS. History–New 8-1-79, Amended 6-21-82, Formerly 39-25.04, Amended 8-24-87, 6-7-88, 2-14-89, 4-11-90, 4-4-91, 4-15-92, 7-1-94, 3-30-95, 4-1-96, 9-15-96, 11-12-98, Formerly 39-25.004, Amended 4-30-00, 3-30-06, 3-19-08, 3-24-13, 10-9-13, 4-2-14, 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: Morgan L. Richardson, 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: April 25, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 5, 2018