Fla. Admin. Code R. 68A-25.042

Current through Reg. 50, No. 222; November 13, 2024

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

No person shall take non-hatchling alligators from the wild except as provided herein and under other applicable rules of the Commission.

(1) Establishment of alligator management units and harvest quotas:

(a) Management units comprised of specified wetlands, lakes, rivers or other water bodies that may be reasonably grouped for the purposes of study, analysis or management and that are suitable for harvest based on habitat characteristics, accessibility, and estimated alligator densities shall be established by the executive director or his designee.

(b) Annual harvest quotas for each management unit shall be established by the executive director, or his designee, and shall be based upon an evaluation of on-site habitat or population inventories for each management unit. The harvest quota for a management unit shall be based on the best estimate of the number of alligators that can be removed from the unit without long-term adverse impacts on population levels.

(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 harvest permit, and paying $30 for each CITES tag, pursuant to Section 379.3752, F.S., issued with harvest permits.

(b) Applicants for a harvest permit shall:

1. Be 18 years of age or older by August 15 in the current application year.

2. Not have been convicted of any violation of Section 379.409 or 379.3015, F.S., or rules of the Commission relating to the illegal taking of any crocodilian species:

a. For a period of five (5) years preceding the date of application, or

b. For a period of ten (10) years preceding the date of application if such conviction involved the taking of an endangered crocodilian species.

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

(d) CITES tags shall be issued with each harvest permit, and 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) Harvest permits shall be valid only for the management unit and harvest period indicated thereon, and harvest permits and their associated harvest tags, if issued, and CITES tags are not transferable.

(f) The number of harvest permits issued per person shall be determined by the executive director or his designee.

(3) Alligator trapping requirements:

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

(b) Alligators may be taken during the following harvest periods as specified in the harvest permit. Harvest periods shall be September 12 through November 1, and either August 15 through August 21, or August 22 through August 28, or August 29 through September 4, or September 5 through September 11. Exceptions to the times and harvest periods may be specified in the harvest permit.

(c) Only non-hatchling alligators may be taken.

(d) Legal methods to take:

1. Alligators captured using the following methods 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 methods 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 allowed for taking alligators attached to a restraining line.

4. Not withstanding Rule 68A-4.002, F.A.C., a light may be used in conjunction with these methods of take.

(e) Any persons assisting the permittee in the taking of alligators as provided herein shall possess an alligator trapping license or alligator trapping agent's license, unless 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 harvest permit.

(g) 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.

(h) 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.

(i) 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)(g), 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.

(j) 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 permits 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) Alligator processing and sale of parts.

(a) Alligator meat not discarded shall be processed or sold in accordance with Rule 68A-25.052, F.A.C.

(b) Commission personnel shall be granted access to collect biological data on and specimens from any alligators taken under the provisions of this rule, provided that specimens shall only be taken when necessary for the management of the species.

(5) Nothing herein shall prohibit the executive director from establishing special restrictions or exemptions from this rule for the purpose of conducting experimental alligator harvests on designated areas pursuant to Rule 68A-9.002, F.A.C.

Fla. Admin. Code Ann. R. 68A-25.042

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.3751, 379.3752 FS.

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, Amended by Florida Register Volume 40, Number 151, August 5, 2014 effective 8/19/2014, Amended by Florida Register Volume 42, Number 012, January 20, 2016 effective 2/1/2016, Amended by Florida Register Volume 48, Number 105, May 31, 2022 effective 6/14/2022.