NOTICE OF PROPOSED RULEMAKINGFISH AND WILDLIFE CONSERVATION COMMISSION
DIVISION: Division of Habitat and Species Conservation
RULE NO: RULE TITLE:
68A-25.002 General Provisions for Taking Possession and Sale of Reptiles.
PURPOSE AND EFFECT: The purpose of this proposed revised rule is to protect native Florida freshwater turtle populations from over exploitation. Outdated references to other rules were updated.
SUMMARY: The Fish and Wildlife Conservation Commission proposes limiting harvest of freshwater turtles to five per person per day to protect these species from over exploitation.
A STATEMENT OF ESTIMATED REGULATORY COST HAS NOT BEEN PREPARED REGARDING THESE PROPOSED RULES: Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution; Section 372.121 Florida Statutes.
A PUBLIC RULEMAKING HEARING ON THE PROPOSED RULES WILL BE HELD AT THE TIME, DATE, AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission‚s regular meeting September 17-19, 2008, starting at 8:30 a.m. each day.
PLACE: Hyatt Regency Jacksonville Riverfront, 225 East Coast Line Drive, Jacksonville, FL 32202
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 calendar days before the workshop/meeting by contacting The ADA Coordinator, at (850) 488-6411. If you are hearing or speech impaired, please contact the agency by calling (850) 488-9542.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Tim Breault, Director, Division of Habitat and Species Conservation, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.
Text of New Rule
THE FULL TEXT OF THE PROPOSED RULE IS AS FOLLOWS:
68A-25.002 General Provisions for Taking Possession and Sale of Reptiles.
(1) 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 372.66, 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 372.921, F.S., and their employees may transport live, lawfully-possessed, untagged alligators to Florida locations for exhibition purposes and persons permitted pursuant to Section 372.921, F.S., may sell, and they and their employees may transport, such alligators to:
1. Other persons permitted pursuant to Section 372.921, 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.
(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) No person shall take more than a total of five (5) native Florida freshwater turtles each day unless authorized by permit from the Executive Director as provided in Rules 68A-9.002 and 68A-27 F.A.C. Freshwater turtles may be taken as prescribed in Rules 68A-23.012 and 68A-23.003, F.A.C., and manually or by baited hooks, bow, dip nets, traps so designed that any freshwater fish taken therein may escape, or by spearing only during daylight hours. The taking of turtles by bucket traps, snares, or shooting with firearms is prohibited. No person shall buy, sell, or possess for sale any alligator snapping turtle (Macroclemys temminckii), box turtle (Terrapene carolina), Barbour‚s map turtle (Graptemys barbouri), Escambia River map turtle (Graptemys ernsti), diamondback terrapin (Malaclemys terrapin), river cooter (Pseudemys concinna), or loggerhead musk turtle (Sternotherus minor), or parts thereof. No person shall possess more than two (2) Barbour‚s map turtles, two (2!) Escambia River map turtles, two (2) diamondback terrapins, two (2) river cooters, two (2) box turtles, two (2) loggerhead musk turtles, or one (1) alligator snapping turtle unless authorized by permit from the Executive Director as provided in Rules 68A-5.004, 68A-9.002, and 68A-27.002 68A-27 F.A.C. River cooters may not be taken from 15 April to 31 July.
(7) No softshell turtles (Apalone spp.) or their eggs may be taken from the wild during the period 1 May to 31 July.
(
No person shall possess more than 50 eggs taken from the wild in the aggregate of species of freshwater turtle native to Florida except as authorized by permit from the executive director as provided in Rules 68A-5.004, 68A-9.002, and 68A-27.002 68A-27 F.A.C. Eggs of those turtle species enumerated in subsection 68A-25.002(6), F.A.C., are subject to the same possession limits as apply for those turtles. The purchase or sale of turtle eggs taken from the wild is prohibited.
(9) No person shall buy, sell, take or possess any gopher tortoise (Gopherus polyphemus), or any part thereof, unless authorized by permit from the executive director as provided in Rules 68A-5.004, 68A-9.002, and 68A-27.002 68A-27 F.A.C.
(10) Possession of gopher tortoises may be authorized by permit from the executive director when the owner can demonstrate that such tortoise(s) was (were) legally acquired and possessed before July 1, 1988.
(11) No person shall possess any turtle or tortoise on which paint has been applied to its shell or body parts, provided that water-soluble, non-toxic identifying marking may be used in turtle racing contests.
(12) 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.
(13) Reptiles may be taken throughout the year in any manner not conflicting with other provisions of these rules.
(14) On or after July 1, 1990, and until January 1, 2008, any person or entity not currently permitted to possess or exhibit venomous reptiles must qualify for a permit by meeting the following criteria:
(a) Submit documentation in accordance with the criteria specified in paragraph 68A-6.0022(5)(c), F.A.C., showing a minimum of one (1) year substantial practical experience in the care, feeding, handling and husbandry of the family of venomous reptiles for which the permit is sought.
(b) Shall not have been convicted of a violation of venomous reptile regulations for three (3) years prior to application for such permit.
(c) Must be at least 18 years old at the time of application.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. FS. HistoryˆNew 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, _______.
Mon 1 Sep - 23:58