The purpose of the proposed rule amendment is to revise regulations regarding the statewide alligator harvest to (1) allow take at all times within established harvest periods, (2) allow the use of airbows with a tethered ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The purpose of the proposed rule amendment is to revise regulations regarding the statewide alligator harvest to (1) allow take at all times within established harvest periods, (2) allow the use of airbows with a tethered arrow as a legal means of take, and (3) provide general rule clean-up. The effect of the proposed rule changes will be to provide greater flexibility and opportunity for participants in the statewide alligator harvest program and provide consistency and clarity.

SUMMARY: The proposed rule amendment would establish or amend regulations regarding legal hunt hours, legal take methods, and general rule clean-up for the statewide alligator harvest.

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

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting May 2-3, 2022, 8:30 a.m. to 5:00 p.m., each day

PLACE: Hilton University of Florida Conference Center, 1714 SW 34th Street, Gainesville, FL 32607

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: George Warthen, 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.

(1) 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 by Section 379.3751, 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 Hharvest Ppermit, and paying $30 for each CITES tag, pursuant to Section 379.3752, F.S., issued with harvest permits.

(b) No change.

(c) Harvest pPermits shall be issued upon determination that the applicant meets the requirements of this subsection.

(d) CITES tags shall be issued with each harvest permit, andexcept that harvest tags bearing the letters “MER” shall also be issued with harvest permits for management units for which the best available scientific data indicates the average mercury concentrations in alligators therein exceeds the Federal limit for legal sale of the meat.

(e) and (f) No change.

(3) Alligator trapping requirements:

(a) Alligators may only be taken in accordance with the provisions of the alligator harvest permit.

(b) Alligators may be taken from 5:00 p.m. until 10:00 a.m. each day during the following harvest periods as period specified in the harvest permit. Harvest periods shall be from 5:00 p.m. on September 12 through until 10:00 a.m. on November 1, and from either 5:00 p.m. on August 15 through until 10:00 a.m. on August 2122, or 5:00 p.m. on August 22 through until 10:00 a.m. on August 2829, or 5:00 p.m. on August 29 through until 10:00 a.m. on September 45, or 5:00 p.m. September 5 through until 10:00 a.m. on September 1112. Exceptions to the times and harvest periods may be specified in the harvest permit, except as otherwise provided in the harvest permit.

(c) No change.

(d) Legal methods to take:

1. Alligators captured using the following methods hand-held snares and snatch hooks must be released or killed immediately.

a. Hand-held catch poles or other devices that have an adjustable catch loop.

b. Snatch hooks.

2. Alligators captured using the following methodstaken by the use of artificial lures or baited, wooden pegs less than two (2) inches in length attached to hand-held restraining lines or restraining lines attached to a vessel occupied by the permittee and harpoons, gigs, and manually operated spears, spearguns, crossbows and bows with projectiles attached to restraining lines must be killed immediately.

a. Artificial lures or baited wooden pegs less than two (2) inches in length attached to hand-held restraining lines or restraining lines attached to a vessel occupied by the permittee.

b. Harpoons, gigs, and manually operated spears attached to restraining lines,

c. Spearguns, pre-charged pneumatic air guns firing an arrow (airbows), crossbows and bows with projectiles fired from such devices being attached to restraining lines.

3. The use of baited hooks, gig-equipped bang sticks, or firearms for taking alligators is prohibited except that bang sticks are allowedpermitted for taking alligators attached to a restraining line.

4. No change.

(e) Any persons assisting the permitteeactively participating in the taking of alligators as provided herein shall possess an alligator trapping license or alligator trapping agent’s license, if necessaryunless exempt from such license(s), in accordance with the provisions of Section 379.3751, F.S., and may engage in such assistance only while in the presence of the permittee. 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) Alligators may only be taken in the area specified in the alligator harvest permit.

(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.

(gh) Immediately upon killing, a CITES tag issued by the Commission and a harvest tag, if issued, shall be locked through the skin of the carcass within six (6) inches of the tip of the tail. The CITES tag shall remain attached to the alligator hide until the hide is tanned, taxidermy mounted, or exported from the state. The harvest tag, if issued, shall remain attached to the alligator until processing. CITES tags may not be altered to compromise the locking mechanism in any way and shall be used only one time. 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 379.338, F.S.

(hi) An alligator harvest report form (FWC form 1001AT, effective April 30, 2000) provided by the Commission shall be completed by the permittee within 24 hours of taking each alligator and prior to the transfer of the carcass to another person. The permittee shall submit a legible copy of the alligator harvest report form to the Commission for receipt no later than 14 days after the expiration date of the harvest permit.

(ij) 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)(eg), above, prior to use. The permittee shall be strictly liable in ensuring that possession of unused tags is limited to persons authorized under this rule.

(jk) All unused CITES tags shall be returned by the permittee to the Commission no later than 14 days after the expiration date of the harvest permit. It shall be a violation of this section for any person to possess any unused CITES tag(s) issued pursuant to this section 14 days after the expiration date of the harvest permit. Harvest Ppermits may be denied, pursuant to Rule 68-1.010, F.A.C., to applicants who have previously failed to return unused tags and complete forms as specified herein.

(4) and (5) No change.

 

PROPOSED EFFECTIVE DATE: As soon as possible

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 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, 2-1-16,           .

 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: Florida Fish and Wildlife Conservation Commission

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 2, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 23, 2022