Current through Reg. 50, No. 187; September 24, 2024
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.
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,
8-19-14, 2-1-16, 6-14-22.