68A-25.042: Regulations Governing Statewide Alligator Trapping, Permitting, Taking and Sale
PURPOSE AND EFFECT: The purpose of the proposed rule is to clarify the use of baited wooden pegs and expand the legal methods of take to include the use of artificial lures; allow agents of other licensed alligator trappers to assist permittees if in the presence of the alligator trapper under whom they are licensed; clarify that taking of alligators does not include the activities of driving the vessel or the use of a light; prohibit the alteration of the locking mechanism of CITES tags; clarify that the use of a light in conjunction with listed methods of take is permissible; and extend the legal hunting hours to 1 hour before sunset and 1 hour after sunrise. The effect will be to streamline participation requirements and strengthen enforcement actions on persons trying to subvert tagging requirements.
SUMMARY: The proposed rule would clarify the use of baited wooden pegs and expand the legal methods of take to include the use of artificial lures; allow agents of other licensed alligator trappers to assist permittees if in the presence of the alligator trapper under whom they are licensed; clarify that taking of alligators does not include the activities of driving the vessel or the use of a light; prohibit the alteration of the locking mechanism of CITES tags; clarify that the use of a light in conjunction with listed methods of take is permissible; and extend the legal hunting hours to 1 hour before sunset and 1 hour after sunrise.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution 372.6673 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 6-7, 2008, 8:30 a.m. – 5:00 p.m., each day
PLACE: Bay Point Marriott Golf Resort & Spa, 4200 Marriott Drive, Panama City Beach, Florida 32408
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 (850)488-6411. 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: Nick Wiley, 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
No person shall take non-hatchling alligators from the wild except as provided herein and under other applicable rules of the Commission.
(1) through (2) No change.
(3) Alligator trapping requirements:
(a) No change.
(b) Alligators may be taken from 1 1/2 hour before sunset to 1 1/2 hour after sunrise each day during the harvest period specified in the harvest permit. Harvest periods shall be from 1 1/2 hour before sunset on September 12 through 1 1/2 hour after sunrise on November 1, and from either 1 1/2 hour before sunset on August 15 through 1 1/2 hour after sunrise on August 22, or 1 1/2 hour before sunset on August 22 through 1 1/2 hour after sunrise on August 29, or 1 1/2 hour before sunset on August 29 through 1 1/2 hour after sunrise on September 5, or 1 1/2 hour before sunset on September 5 through 1 1/2 hour after sunrise on September 12, except as otherwise provided in the harvest permit.
(c) No change.
(d) Alligators may be taken only 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 line and hand-held snares, harpoons, gigs, snatch hooks, and manually operated spears, spearguns, crossbows and bows with projectiles attached to a restraining lines line. The use of baited hooks, gig-equipped bang sticks, or firearms for taking alligators is prohibited except that bang sticks are permitted for taking alligators attached to a restraining line. Not withstanding Rule 68A-4.002, F.A.C., a light may be used in conjunction with these methods of take.
(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. 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)(e) No change.
(g)(f) The permittee’s agents licensed pursuant to Section 372.6673, F.S., and any licensed alligator trapper and licensed agent(s) for that trapper while in presence of that trapper may take alligators as provided in the harvest permit but only in the presence of the permittee. Persons licensed as alligator trapping agents other than those licensed under the permittee’s alligator trapping license are not authorized to take alligators pursuant to this section.
(h)(g) No change.
(i)(h) 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 and 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 372.73, F.S.
(i) through (k) renumbered (j) through (l) No change.
(4) through (5) No change.
Specific Authority Art. IV, Sec. 9,