Florida Administrative Code
68 - FISH AND WILDLIFE CONSERVATION COMMISSION
68A - Freshwater Fish and Wildlife
Chapter 68A-25 - RULES RELATING TO REPTILES
Section 68A-25.049 - Regulations Governing Special-Use Alligator Harvests

Universal Citation: FL Admin Code R 68A-25.049

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 special-use alligator harvest areas and permit quotas:

(a) Alligator management units established pursuant to paragraph 68A-25.042(1)(a), F.A.C.

(b) The number of special-use alligator harvest permits issued shall be established by the executive director, or his/her designee, and shall minimize the chance of overharvest using the following criteria:
1. Remaining quota from the previous statewide alligator harvest season, pursuant to paragraph 68A-25.042(1)(b), F.A.C.

2. Overall alligator hunter satisfaction among permittees of this Rule and Rule 68A-25.042, F.A.C.

3. Impacts of alligator harvests under this Rule.

(2) Application, Selection, and Issuance of Special-Use Alligator Harvest permits:

(a) Harvest permits may be applied for through the Commission's online licensing system at designated times and dates each year set by posting on the agency's website.
1. Upon application, each applicant must pay a non-refundable application fee and must agree to pay a permit fee, if any, as established by paragraph 68A-9.007(2)(c), F.A.C., for the issuance of a special-use alligator harvest permit should the applicant be awarded a permit.

2. No applicant is exempt from paying the special-use alligator harvest permit application or permit fees.

3. Applicants may submit more than one application for a special-use alligator harvest permit.

4. Permits shall be limited to one special-use alligator harvest permit per person, per the harvest season specified in paragraph (3)(c) below.

5. Applicants for a special-use alligator harvest permit shall:
a. Be 18 years of age or older by August 15 in the current application year.

b. Have not been convicted of, or received a disposition other than acquittal or dismissal for 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:
(I) For a period of five (5) years preceding the date of application, or

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

c. Have submitted an alligator harvest report form (FWC form 1001AT, effective February 22, 2024, which is hereby incorporated by reference and is available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-16515) or returned the unused CITES tag for any special-use alligator harvest permit issued to the applicant prior to the current application year in accordance with paragraphs (3)(i) or (k) below.

6. Applicants awarded a permit shall:
a. Purchase an alligator trapping license, unless exempt, as specified by Section 379.3751, F.S., and CITES tag for $10, pursuant to Section 379.3752, F.S., issued with a special-use alligator harvest permit, or

b. Provide evidence of possession of an alligator trapping license valid through the last day of the designated harvest season specified in paragraph (3)(c) below, and pay $30 for the CITES tag, pursuant to Section 379.3752, F.S., issued with a special-use alligator harvest permit.

(b) Special-use alligator harvest permits shall be issued upon determination that the applicant meets the requirements of this subsection.

(c) Special-use alligator harvest permits shall be valid for use on any alligator management unit established pursuant to paragraph (1)(a), above, or private land where permission has been granted; alligator harvest under this Rule is not permitted on any private land permitted pursuant to Rule 68A-25.032, F.A.C.

(d) Special-use alligator harvest permits and their associated harvest tags, supplied by the Commission, are not transferable.

(e) Two (2) CITES tags shall be issued with each special-use alligator harvest permit.

(f) Two (2) harvest tags bearing the word "MERCURY" shall also be issued with each special-use alligator harvest permit. These tags are to be used on alligators harvested from alligator management units established pursuant to paragraph (1)(a), above, 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.

(3) Alligator trapping requirements:

(a) Only those persons licensed as required by Section 379.3751, F.S., with a special-use alligator harvest permit and issued tags per (2)(e) and (f), if applicable, above, may take alligators under this section.

(b) Alligators may only be taken in accordance with the provisions of the special-use alligator harvest permit.

(c) Alligators may be taken from August 15 through December 31, except as otherwise may be provided in the permit and this rule.

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

(e) 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. Notwithstanding Rule 68A-4.002, F.A.C., a light may be used in conjunction with the permissible methods of take.

(f) 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.

(g) Alligators may only be taken in the alligator management units established pursuant to paragraph (1)(a), above, as specified in the special-use alligator harvest permit.

(h) Immediately upon killing, the issued tags per paragraphs (2)(e) and (f), if applicable, above, shall be locked through the skin of the carcass within six (6) inches of the tip of the tail. The possession of any alligator hides not tagged as prescribed herein is prohibited, and such hides shall be subject to seizure and forfeiture to the Commission under the provisions of Section 379.338, F.S.
1. The CITES tag shall remain attached to the alligator hide until the hide is tanned, taxidermy mounted, or exported from the state. The CITES tag may not be altered to compromise the locking mechanism in any way and shall be used only one time.

2. If the alligator is harvested in an alligator management unit established pursuant to paragraph (1)(a), above, 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, the harvest tag bearing the word "MERCURY", shall remain attached to the alligator until processing. Alligators harvested from any other alligator management units established pursuant to paragraph (1)(a), above, are not required to be tagged with a tag bearing the word "MERCURY".

(i) An alligator harvest report form (FWC form 1001AT) 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.

(j) Any CITES tag issued under this rule shall remain the property of the Commission until affixed as provided herein. A CITES tag issued pursuant to this rule may be possessed only by the permittee or persons provided for in paragraph (3)(f), above, prior to use. The permittee shall be strictly liable in ensuring that possession of an unused CITES tag is limited to persons authorized under this rule.

(k) Any 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 tags 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 CITES 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.

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

New 5-8-24.

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