The purpose of the proposed rule amendment is to specify how eggs collected under this rule will be distributed to existing and newly permitted alligator farmers. The effect will be to distribute the initial 33,000 eggs collected to the 30 persons ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-25.031Regulations Governing Alligator Egg and Hatchling Collections on Lands Not Included in Alligator Management Programs

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to specify how eggs collected under this rule will be distributed to existing and newly permitted alligator farmers. The effect will be to distribute the initial 33,000 eggs collected to the 30 persons who are currently permitted to have first access to public-waters alligator eggs (up to 1,100 each), distribute the next 5,500 eggs to the five additional persons who are newly permitted to have first access to public-waters alligator eggs (up to 1,100 each), and distribute any eggs collected in excess of 38,500 equally among all 35 permitted farmers.

SUMMARY: The proposed rule amendment will specify how eggs collected under this rule will be distributed to existing and newly permitted alligator farmers.

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-25.031 Regulations Governing Alligator Egg and Hatchling Collections on Lands Not Included in Alligator Management Programs.

(1) No change.

(2) Conditions governing alligator egg collections:

(a) No change.

(b) Procedures and requirements for alligator egg collections:

1. and 2. No change.

3. Any nest quota for which fee payment and notice are not received as specified in subparagraph (23)(b)2., above, shall be assigned to the other collection group provided that the group’s egg coordinator submits fee payment and notice for the quota to be transferred within five working days of notification as specified in subparagraph (23)(b)2.

4. through 9. No change.

10. Distribution of eggs:

a. Farmers who were issued their initial permit pursuant to paragraph 68A-25.004(2)(f), F.A.C., prior to July 1, 2017, or who were transferred such permit as part of a bona fide sale as outlined in paragraph 68A-25.004(2)(g), F.A.C., shall have the initial 33,000 eggs retained equally distributed to them (1,100 eggs each). in each collection group shall be given equal opportunity to participate in the egg collection and distribution;

b. Farmers who were issued their initial permit pursuant to paragraph 68A-25.004(2)(f), F.A.C., after July 1, 2017, shall have all eggs in excess of the initial 33,000 retained equally distributed to them, not to exceed 1,100 each.  Any eggs retained in excess of 38,500 shall be equally distributed to all farmers permitted pursuant to paragraph 68A-25.004(2)(f)., F.A.C. 

c. Ffarmers in each group who are not permitted pursuant to paragraph 68A-25.004(2)(f), F.A.C., shall be entitled to receive a share of the eggs collected from each area in proportion to the percentage of the group’s fees that they paid.

11. No change.

12. The number of nests opened on each egg collection area shall not exceed the quota established pursuant to subparagraph (2)(ad)4. All eggs from each opened nest shall be collected.

13. through 18. No change.

(c) No change.

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 8-24-87, Amended 6-7-88, 2-14-89, 4-11-90, 4-15-92, 4-29-93, 6-26-94, 3-30-95, 4-1-96, 9-15-96, 4-12-98, Formerly 39-25.031, Amended 4-30-00, 5-13-02, 4-11-04, 3-30-06, 3-19-08, 3-12-09, 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: Morgan L. Richardson, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:

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