Current through Reg. 50, No. 187; September 24, 2024
(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.
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, 8-19-14, 1-11-17,
5-7-19, 11-2-20, 2-7-22, 5-2-22.
