Notice of Proposed Rule

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife
RULE NO: RULE TITLE
68A-25.031: Regulations Governing Alligator Egg and Hatchling Collections on Lands Not Included in Alligator Management Programs on Private Lands
PURPOSE AND EFFECT: The purpose of the proposed rule is to eliminate references to specific quotas and the numbers of tags that may be requested, make hatchling tags non-refundable, and allow agents of other licensed alligator farmers to assist hatchling collection permittees with collections if in the presence of the alligator farmer under whom they are licensed. The effect will be to streamline hatchling collection participation requirements.
SUMMARY: The proposed rule would eliminate references to specific quotas and the numbers of tags that may be requested, make hatchling tags non-refundable, and allow agents of other licensed alligator farmers to assist hatchling collection permittees with collections if in the presence of the alligator farmer whom they are licensed under.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution 372.6673, 372.6674 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 6-7, 2008, 8:30 a.m. – 5:00 p.m., each day
PLACE: Bay Point Marriott Golf Resort & Spa, 4200 Marriott Drive, Panama City Beach, Florida 32408
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 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 using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Nick Wiley, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-25.031 Regulations Governing Alligator Egg and Hatchling Collections on Lands Not Included in Alligator Management Programs.

(1) Conditions governing alligator hatchling collections:

(a) No change.

(b) Alligator hatchling collection quota limits will be established by the executive director for individual counties or other specified management units. Such quotas will be from zero to 500 and will be based on the quantity of alligator habitat in each individual county and the best biological information that indicates the number of hatchlings that can be removed from the system without long-term adverse impacts on population levels. The maximum and minimum numbers of alligator hatchlings that a farm permittee may request and take are 1,000 and 50, respectively.

(c) through (d) No change.

(e) Each farm permittee selected in the assignment process will be authorized to receive a hatchling collection permit and a number of hatchling tags up to the combined collection quotas for the hatchling collection areas assigned to him. Each farm permittee shall remit hatchling tag fees for the total collection quota of each hatchling collection area that is assigned to him and from which he would like to take hatchlings. Upon receipt of hatchling tag fees, the Commission will issue a hatchling collection permit and the total authorized number of hatchling tags to the farm permittee. The fee for alligator hatchling tags provided under this section shall be fixed, pursuant to Section 372.6674, F.S., at a cost of $5 each and are non-refundable.

(f) through (m) No change.

(n) Alligator hatchling tags issued to a permittee shall remain the sole property of the Commission until attached as provided herein. The permittee’s agents licensed pursuant to Section 372.6673, F.S., and any licensed alligator farmer and licensed agent(s) for that farmer while in the presence of that farmer In addition to the permittee, only persons licensed as alligator farming agents under the permittee’s license and any licensed alligator farmer who is authorized to do so by the permittee may possess unused hatchling tags and take alligator hatchlings as specified in the permit and this section. Persons licensed as alligator farming agents other than those licensed under the permittee’s alligator farming license are not authorized to possess unused hatchling tags or to take hatchlings pursuant to this section. Licensees taking hatchlings independent of the permittee shall be in possession of a copy of the harvest permit. The permittee shall be strictly liable to ensure that all alligator hatchling tags remain in his possession, the possession of licensed alligator farmers he has authorized to take hatchlings, or the possession of his licensed agent(s).

(o) No change.

(2) No change.

(3) Procedures and requirements for alligator egg collections on Type A egg collection areas:

(a) through (o) No change.

(p) Each collection day at the egg inspection site the coordinator shall provide Commission personnel completed copies of FWC form 1005AF (effective June 26, 1994, incorporated herein by reference and available from the Commission) signed by the coordinator and indicating the number of eggs to be transferred to each participating farm or to a designated temporary storage facility. Eggs may be temporarily stored at the designated storage facility for up to 30 15 days following collection before transfer to the participating farms.

(q) through (r) No change.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 372.6672, 372.6673, 372.6674 FS. History– New 8-24-87, Amended 6-7-88, 2-14-89, 4-11-90, 4-15-92, 4-29-93, 6-26-94, 3-30-95, 4-1-96, 9-15-96, 4-12-98, Formerly 39-25.031, Amended 4-30-00, 5-13-02, 4-11-04, 3-30-06,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Nick Wiley, Director, Division of Hunting and Game Management, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 5, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 7, 2007