Fla. Admin. Code R. 68A-25.002

Current through Reg. 50, No. 217; November 5, 2024

Section 68A-25.002 - General Provisions for Taking, Possession and Sale of Reptiles

(1) In order to assure the optimal utilization of the estimated available alligator resource, the commission may by rule limit the number of participants engaged in the taking of alligators or their eggs from the wild. No person shall buy, sell, take, possess, transport, or import any American alligator, or any part thereof, or the nests or eggs of any American alligator except under permit from the executive director, as otherwise provided by this Title, or as follows:

(a) Lawfully acquired, unskinned alligator carcasses with CITES tags legally affixed; skinned alligator carcasses with the CITES tag number and, if applicable, harvest tag number recorded on an attached tag; untanned hides with CITES tags legally affixed; and alligator feet, viscera, and skeletal parts may be bought, sold, possessed, transported, and imported without a permit provided that untanned alligator hides may only be bought by persons licensed pursuant to Section 379.364, F.S., and that records of transfers of alligator feet, viscera, and skeletal parts shall be maintained as specified in Rule 68A-25.052, F.A.C.

(b) Persons permitted pursuant to Section 379.3761, F.S., and their employees may transport live, lawfully-possessed, untagged alligators to Florida locations for exhibition purposes and persons permitted pursuant to Section 379.3761, F.S., may sell, and they and their employees may transport, such alligators to:

1. Other persons permitted pursuant to Section 379.3761, F.S.,

2. To persons permitted to receive such alligators, or

3. To persons out of state, provided that all transports/transfers conducted pursuant to subparagraphs 68A-25.002(1)(b) 1., 2. and 3., F.A.C., shall be documented on a Captive Alligator and Egg Transportation/Transfer Document (FWC Form 1006AF).

4. All originating exhibitor/seller(s) acting pursuant to this paragraph shall complete and sign the Captive Alligator and Egg Transportation/Transfer Document before the transport, obtain the signature of the recipient on the document, if appropriate, and forward the document to the Commission within 30 days following the date of transport. A copy of the completed document must accompany the alligators during transport.

(2) Notwithstanding other provisions in this Title, untagged, lawfully-acquired, cured, and mounted crocodilian trophies; untagged, tanned crocodilian hides; and manufactured goods wholly or partly composed of crocodilian hide or other parts may be possessed, transported, and imported without a permit, but may only be sold in accordance with the following:

(a) Documentary evidence of the source of acquisition of such crocodilian products held for sale shall be maintained until the products are sold. Such products held for sale and documentary evidence of the source of acquisition shall be subject to inspection by Commission personnel during reasonable hours.

(b) No person shall sell such crocodilian products manufactured from a species declared to be endangered or threatened by the U.S. Fish and Wildlife Service or the Commission.

(c) No person shall sell any crocodilian product manufactured in the form of a stuffed baby crocodilian less than three feet in length as measured from the tip of the snout to the tip of the tail that depicts an unnatural crocodilian body or body part positioning.

(3) Any alligator, crocodile, caiman or similar reptile, or any part thereof, seized or otherwise acquired by the Commission may be sold.

(4) The records of individuals or concerns selling any species of crocodilian will be subject to inspection and such individuals or concerns shall have in their possession invoices or other documentary evidence of the suppliers of such crocodilians. The advertisement or representation of any crocodilian other than American alligator, and meat and parts thereof, as alligator or "gator" and of caimans, and meat and parts thereof, as crocodile is prohibited.

(5) No person shall use, be in possession of or attend any hook, peg or other such device baited in such a manner as to be capable of taking alligators and suspended so that the bait is above water or submerged less than six inches except nuisance-alligator trappers taking nuisance alligators pursuant to Rule 68A-25.003, F.A.C., and except as otherwise provided in Rules 68A-25.032 and 68A-25.042, F.A.C.

(6) Turtles.

(a) Take and possession - For turtles not listed in Chapter 68A-27, F.A.C., the following restrictions control the take or possession unless authorized in the Commission's Species Conservation Measures and Permitting Guidelines, hereby incorporated by reference and available at the following links: Alligator Snapping Turtles, Macrochelys suwanniensis, M. apalachicolae, and M. temminckii, effective September 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10418); Lower Keys populations of peninsula ribbonsnake, Thamnophis sauritus sackenii, red rat snake, Pantherophis guttatus, and striped mud turtle, Kinosternon baurii, effective July 2020 (http://www.flrules.org/Gateway/reference.asp?No=Ref-12169); Suwannee cooter, effective July 2020 (http://www.flrules.org/Gateway/reference.asp?No=Ref-12171).

1. No person shall take more than one turtle per day unless authorized by permit from the executive director as provided in Rule 68A-9.002, F.A.C.

2. Turtle eggs may not be taken from the wild.

3. Turtles may only be taken by hand, baited hooks, minnow seine nets or dip nets.

4. No person shall take Escambia map turtles (Graptemys ernsti), cooters (Pseudemys spp.), striped mud turtles (Lower Keys population) (Kinosternon baurii) or snapping turtles (Chelydra spp.) from the wild.

5. No person shall take, possess, transport, or sell any alligator snapping turtles (Macrochelys spp.).

6. No person shall take, possess, transport, or sell any diamond-backed terrapins (also referred to as diamondback terrapins, Malaclemys terrapin), except by permit. Permits may be issued for personal possession, exhibition and education, and scientific use. Permit issuance is in accordance with the Diamond-backed Terrapin Permit Application Guidance, effective March 1, 2022 and hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-13929. Persons in possession of diamond-backed terrapins shall have 90 days from the effective date of this rule to come into compliance with the provisions of this section.

7. No softshell turtles (Apalone spp.) may be taken from the wild during the period May 1 to July 31.

8. No person shall possess more than two Escambia map turtles (Graptemys ernsti), two box turtles of Florida native species (Florida box turtles [Terrapene bauri]; eastern, Gulf Coast, and three-toed box turtles [Terrapene carolina subsp.]; their taxonomic successors; or hybrids thereof), or two loggerhead musk turtles (Sternotherus minor).

9. The Commission recognizes aquaculture as an alternative to commercial harvest of wild populations of freshwater turtles. An owner, manager, agents or director of an aquaculture facility certified by the Florida Department of Agriculture and Consumer Services pursuant to Section 597.004, F.S., and Chapter 5L-3, F.A.C., may harvest freshwater turtles as brood stock for scientific or commercial aquaculture as authorized by permit from the executive director limiting the location of harvest activities, duration of harvest activities, species of turtles to be harvested, number and size of turtles to be harvested to prevent overharvest of freshwater turtles.

(b) Transport - No person shall transport more than one turtle or any turtle eggs unless authorized by one of the following:

1. A permit from the executive director as provided in Rule 68A-9.002, F.A.C. An individual transporting turtles under the authority of this permit shall possess a copy of the permit.

2. An aquaculture facility certification issued by the Florida Department of Agriculture and Consumer Services under Section 597.004, F.S., and Chapter 5L-3, F.A.C. An individual transporting turtles under the authority of this certification shall possess a copy of such certificate.

3. A license for sale or exhibition of wildlife under Section 379.3761, F.S. An individual transporting more than one turtle under the authority of this license shall possess a copy of such license.

4. Documentation of the source and supplier of the turtles, indicating the purchase date; quantity and species of turtles acquired; name and complete address of supplier; and license identification number of supplier where applicable.

(c) Sale - No person shall buy, sell, or possess for sale turtles, their eggs or parts thereof, that have been taken from the wild.

(7) No person shall paint any turtle or tortoise or possess any turtle or tortoise on which paint has been applied to its shell or body parts.

(8) No person shall take or possess Peninsula ribbon snakes (Thamnophis sauritus sackenii) or red rat snakes (Pantherophis guttatus) from the Lower Keys population.

(9) No person shall buy, sell or possess for sale any Florida pine snake (Pituophis melanoleucus mugitus), nor shall any person possess more than one Florida pine snake, except that said restrictions shall not apply to amelanistic (= "albino") specimens.

(10) Reptiles may be taken throughout the year in any manner not conflicting with other provisions of these rules.

Fla. Admin. Code Ann. R. 68A-25.002

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const, 379.303, 379.304, 379.3012, 379.3751, 379.372, 379.3761, 379.3762 FS.

New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-25.02, Amended 6-1-86, 5-10-87, 10-8-87, 4-13-88, 2-14-89, 7-1-89, 7-1-90, 4-14-92, 4-1-96, 9-15-96, 4-12-98, 7-1-99, Formerly 39-25.002, Amended 4-30-00, 3-30-06, 5-18-06, 6-7-07, 10-23-08, 7-20-09, Amended by Florida Register Volume 40, Number 151, August 5, 2014 effective 8/19/2014, Amended by Florida Register Volume 42, Number 250, December 28, 2016 effective 1/11/2017, Amended by Florida Register Volume 45, Number 079, April 23, 2019 effective 5/7/2019, Amended by Florida Register Volume 46, Number 205, October 20, 2020 effective 11/2/2020, Amended by Florida Register Volume 48, Number 016, January 25, 2022 effective 2/7/2022, Amended by Florida Register Volume 48, Number 076, April 19, 2022 effective 5/2/2022.