reglab/statecodes huggingface dataset:
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-25 - RULES RELATING TO REPTILES › Section 68A-25.003 - Taking and Disposal of Nuisance-Alligators Statewide

Current through Reg. 50, No. 138; July 16, 2024
(1) Only persons under contract with the
				Commission as nuisance alligator trappers, or their agents and assistants, who
				have been approved by the executive director, or his designee, shall take,
				possess and kill or sell live nuisance alligators as authorized by
				permit.
(2) Persons may apply for
				nuisance alligator contracts by completing and submitting a Nuisance Alligator
				Trapper Application (FWC Form 1002AT (2-06), incorporated by reference
				herein).
(3) Five dollars ($5)
				shall be expended by the Commission or its designee on marketing and education
				for each CITES tag used under the provisions of this rule contingent upon an
				annual appropriation by the legislature for marketing and education
				activities.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla. Const.,
					 379.3012,
					 379.3751
					 FS.
New 8-1-79, Amended 10-23-79, 6-22-80, 6-4-81, 6-21-82,
					 7-1-85, Formerly 39-25.03, Amended 6-1-86, 12-23-87, 5-5-88, 2-14-89, 4-11-90,
					 4-14-92, 3-30-95, 4-1-96, Formerly 39-25.003, Amended 4-30-00, 12-16-03,
					 5-18-06, 8-19-14, 4-5-18.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-25 - RULES RELATING TO REPTILES › Section 68A-25.004 - Regulations Governing the Operation of Alligator Farms

Current through Reg. 50, No. 138; July 16, 2024
Alligator farms may be established and operated and
				  alligators, eggs, and hides may be possessed by alligator farmers and farming
				  agents subject to the following:
(1)
				Definitions:
(a) Breeding stock is defined as
				all alligators six (6) feet or greater in length that are maintained in outdoor
				enclosures for propagation purposes.
(b) Rearing stock is defined as all
				alligators other than breeding stock on a farm.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-25 - RULES RELATING TO REPTILES › Section 68A-25.006 - Possession, Exhibition and Caging Venomous Reptiles: Prohibited Species (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented 379.26,
					 379.372,
					 379.373,
					 379.374,
					 379.305
					 FS.
New 8-1-79, Amended 6-21-82, Formerly 39-25.06, Amended
					 5-10-87, 4-1-96, 9-15-96, Formerly 39-25.006, Amended 11-17-99, Repealed
					 6-7-07.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-25 - RULES RELATING TO REPTILES › Section 68A-25.021 - Regulations Governing the Validation and Sale of Alligator Hides (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla. Const.
New 5-5-88, Amended 2-14-89, 4-11-90, 10-22-92, 4-29-93,
					 3-30-95, 4-1-96, 4-27-98, Formerly 39-25.021, Repealed
					 4-30-00.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-25 - RULES RELATING TO REPTILES › Section 68A-25.031 - Regulations Governing Alligator Egg and Hatchling Collections on Lands Not Included in Alligator Management Programs

Current through Reg. 50, No. 138; July 16, 2024
(1) Conditions governing alligator hatchling
				collections:
(a) Establishment of hatchling
				collection areas, quotas, and a coordinator:
1. Alligator hatchling collection areas shall
				be established by the executive director, or his designee, that are suitable
				for surveying, establishment of quotas, and collection based upon habitat
				characteristics and expected numbers of hatchlings.
2. Alligator hatchling collection quotas will
				be established by the executive director, or his designee, for individual
				counties or other specified management units. Such quotas 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.
3. Farmers permitted as eligible to receive
				hatchlings from the wild as specified in paragraph
				68A-25.004(2)(e),
				F.A.C., and licensed as specified in section
				379.3751, F.S., who wish to
				participate in hatchling collections shall apply in writing. Farmers also
				permitted as eligible to collect hatchlings from the wild as specified in
				paragraph 68A-25.004(2)(f),
				F.A.C., may identify the person for whom they vote to be permitted as the
				hatchling collection coordinator (herein referred to as hatchling coordinator).
				Applications must be received by the Commission by July 1 of each year. For
				purposes of this rule, receipt shall mean actual receipt on or before the
				deadline by the Commission by U.S. Mail, express delivery, hand-delivery, or
				facsimile (fax) copy. Applications received after July 1 will not be accepted
				irrespective of the postmark date. The executive director, or his designee,
				shall issue a permit to direct and conduct hatchling collections on behalf of
				eligible participants to the individual receiving the majority of the votes
				from eligible voting members. The hatchling coordinator shall be licensed as an
				alligator farmer as specified in section
				379.3751, F.S., prior to being
				issued a permit.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-25 - RULES RELATING TO REPTILES › Section 68A-25.042 - Regulations Governing Statewide Alligator Trapping, Permitting, Taking and Sale

Current through Reg. 50, No. 138; July 16, 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.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-25 - RULES RELATING TO REPTILES › Section 68A-25.047 - Regulations Governing the Harvest of Alligators on Special-opportunity Alligator Hunt Areas (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla. Const.
New 6-1-97, Amended 4-12-98, 4-15-99, Formerly 39-25.047,
					 Repealed 4-30-00.
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

Current through Reg. 50, No. 138; July 16, 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.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-25 - RULES RELATING TO REPTILES › Section 68A-25.052 - Regulations Governing the Processing of Alligators and Sale of Alligator Meat, Carcasses, and Parts

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions:
(a) Alligator meat - raw boned white meat or
				dark meat; skinned, whole alligator carcasses; and skinned alligator carcass
				parts (bone-in legs, "wings," ribs, and tails), not to include alligator
				hide.
(b) Process - skinning or
				butchering an alligator, or packaging the alligator meat or other
				parts.
(c) Tamper-evident package -
				a package that is permanently and noticeably altered if opened.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-26 - RULES RELATING TO AMPHIBIANS › Section 68A-26.002 - Regulations Relating to the Taking of Amphibians

Current through Reg. 50, No. 138; July 16, 2024
For amphibians not listed in Chapter 68A-27, F.A.C., the
				  following restrictions control the take or possession:
(1) None of the following species shall be
				taken, transported, stored, served, bought, sold or possessed in any manner at
				any time except as authorized by permit from the executive director as provided
				in Rule 68A-9.002, F.A.C., or as
				authorized in Commission approved guidelines: gopher frog,
Lithobates
				capito
; Pine Barrens treefrog,
Hyla andersonii.
The
				following Species Conservation Measures and Permitting Guidelines from the
				Commission are hereby incorporated by reference and can be found online at the
				following links: Gopher frog,
Lithobates capito,
effective
				July 2020 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-12170
);
				Pine Barrens treefrog,
Hyla andersonii,
effective December
				2019 (
https://www.flrules.org/Gateway/reference.asp?No=Ref-11503
).
(2) Other frogs may be taken by gigs, clubs,
				blow guns, hook and line, air guns, firearms or manually. Frogs may be taken
				throughout the year including non-daylight hours except that they may only be
				taken by firearm during daylight hours.
(3) Amphibians other than frogs may be taken
				throughout the year in any manner not conflicting with other provisions of
				these rules and regulations except that when seines, nets or traps are used,
				the provisions of Chapter 68A-23, F.A.C., relating to the taking of bait
				minnows and other freshwater fish shall apply.
(4) Any person taking for sale or selling
				frogs shall be licensed as provided by Section
				379.363,
				F.S.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla. Const.,
					 379.363
					 FS.
New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-26.02,
					 39-26.002, Amended 3-25-12, 1-11-17, 7-1-18, 2-17-20,
					 11-2-20.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-27 - RULES RELATING TO ENDANGERED OR THREATENED SPECIES › Section 68A-27.0001 - Purpose and Intent

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose and
				intent of this rule chapter, in concert with an objective that lawful
				nature-based recreational activities may be managed to be compatible with such
				species protection measures, is to conserve or improve the status of endangered
				and threatened species in Florida to effectively reduce the risk of extinction
				through the use of a science-informed process that is objective and
				quantifiable, that accurately identifies endangered and threatened species that
				are in need of special actions to prevent further imperilment, that identifies
				a framework for developing management strategies and interventions to reduce
				threats causing imperilment, and that will prevent species from being
				threatened to such an extent that they become regulated and managed under the
				federal Endangered Species Act of 1973, as amended, 16 U.S.C. §1531 et
				seq.
(2) The Commission shall
				include in its annual work plan the Florida Endangered and Threatened species
				it will focus on in the next fiscal year. Work shall include but not be limited
				to species evaluation requests, management plan development and implementation,
				and other conservation actions.
(3)
				This rule chapter is not intended to preclude lawful hunting, fishing or other
				nature-based recreational uses, even if those activities result in the mere
				annoyance or disturbance of Florida Endangered or Threatened Species, when such
				uses are conducted in a manner that does not constitute take as defined in Rule
				68A-27.001, F.A.C.
(4) The Commission does not intend to
				prohibit actions taken on an emergency basis necessary to address public
				safety.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 11-8-10, Amended
					 11-14-11.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-27 - RULES RELATING TO ENDANGERED OR THREATENED SPECIES › Section 68A-27.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in this rule chapter, the terms and phrases listed
				  below have the meaning provided:
(1)
				Florida Endangered and Threatened Species - species that are designated by
				Commission rule as either:
(a)
				Federally-designated Endangered and Threatened species as defined below,
				or
(b) State-designated Threatened
				species as defined below. Florida Endangered and Threatened species retain
				their status regardless of subsequent changes in scientific nomenclature or
				subsequent identification of species or subspecies within the species
				listed.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-27 - RULES RELATING TO ENDANGERED OR THREATENED SPECIES › Section 68A-27.0011 - Killing Endangered Species

Current through Reg. 50, No. 138; July 16, 2024
No person shall intentionally kill, attempt to kill or wound
				  any species that is both designated in Rule
				  68A-27.003, F.A.C., and
				  designated in 50 C.F.R.
				  17.11 as endangered.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 7-1-84, Formerly 39-27.011, Amended 4-13-88, Formerly
					 39-27.0011, Amended 11-8-10.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-27 - RULES RELATING TO ENDANGERED OR THREATENED SPECIES › Section 68A-27.0012 - Procedures for Listing and Removing Species from Florida's Endangered and Threatened Species List

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Federally-designated Endangered and Threatened Species. Species which are
				native to Florida and which are designated as Endangered or Threatened under
				the Federal Endangered Species Act (ESA), 16 U.S.C. §1531 et seq. and
				rules thereto will be listed by the Commission as a Florida Endangered and
				Threatened Species by virtue of the federal designation. If a species native to
				Florida is added or reclassified under the ESA, and is a species within the
				Commission's constitutional authority, the species shall be so listed or
				reclassified in the Florida Endangered and Threatened Species rule pursuant to
				the notice provisions of Section
				120.54(6),
				F.S., relating to adoption of federal standards. Before species that have been
				removed from the ESA are removed from the Florida Endangered and Threatened
				Species rule, they shall receive a biological status review according to
				subparagraph (2)(c)2., to determine if the species warrants listing as a
				state-designated species. Prior to any species being removed from the Florida
				Endangered and Threatened Species list, the Commission shall develop a
				management plan that is intended to maintain or enhance the conservation of
				that species.
(2) State-designated
				Threatened Species.
(a) Except as provided in
				subsection (1), above, these procedures shall not apply to:
1. Federally-designated Endangered and
				Threatened species,
2. Species not
				native to Florida,
3. Harvested
				species that are monitored through periodic stock assessments or other
				techniques and are the subject of any rule in Title 68, F.A.C., that allows
				harvest,
4. Species whose
				occurrence in Florida is only accidental,
5. Species that are not within the
				Commission's constitutional authority.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-27 - RULES RELATING TO ENDANGERED OR THREATENED SPECIES › Section 68A-27.002 - Provision for Harassment of Endangered, Threatened and Species of Special Concern on Airport Property (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 8-1-79, Amended 6-21-82, 7-1-84, 7-1-85, Formerly
					 39-27.02, Amended 6-1-86, 5-10-87, 4-13-88, 4-11-90, 6-23-98, 6-23-99, Formerly
					 39-27.002, Amended 7-1-08, Repealed
					 7-27-10.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-27 - RULES RELATING TO ENDANGERED OR THREATENED SPECIES › Section 68A-27.0021 - Designation of Candidate Species; Prohibitions; Permits

Current through Reg. 50, No. 138; July 16, 2024
(1)  The species in subsection (3), are hereby declared to be candidate species for inclusion in Rule  68A-27.003, F.A.C.
(2)  No person shall intentionally take any candidate species except as authorized by specific permit from the Executive Director.
(3)  The following species are hereby declared to be candidate species: Reptiles: Florida reef gecko (Sphaerodactylus notatus notatus).
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 6-23-99, Formerly 39-27.0021, Amended 4-30-00, 5-1-01,
					 11-8-10, 7-21-21, 1-30-23.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-27 - RULES RELATING TO ENDANGERED OR THREATENED SPECIES › Section 68A-27.0031 - Marine Endangered and Threatened Species

Current through Reg. 50, No. 138; July 16, 2024
(1) Under the Florida constitutional revision
				that revised Article IV, Section 9 of the Florida Constitution and created
				Article XII, Section 22, the Commission's constitutional authority does not
				include authority to regulate marine life when those species meet the
				definition of endangered and threatened species as those terms were defined in
				Section 372.072, F.S. (1997).
(2) The following species are Marine
				endangered and threatened species:
(a) Fish:
1. Gulf sturgeon (
Acipenser
				oxyrinchus [=oxyrhynchus] desotoi)
(T)
,
2. Shortnose sturgeon (
Acipenser
				brevirostrum)
(E)
.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-27 - RULES RELATING TO ENDANGERED OR THREATENED SPECIES › Section 68A-27.004 - Designation of Threatened Species; Prohibitions; Permits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 8-1-79, Amended 6-22-80, 7-1-83, 7-1-85, Formerly
					 39-27.04, Amended 6-1-86, 5-10-87, 4-27-89, 6-23-99, Formerly 39-27.004,
					 Amended 9-29-03, 11-8-07, 5-15-08, Repealed
					 11-8-10.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-27 - RULES RELATING TO ENDANGERED OR THREATENED SPECIES › Section 68A-27.005 - Designation of Species of Special Concern; Prohibitions; Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) The following species are hereby declared
				to be of special concern, and shall be afforded the protective provisions
				specified.
(2) No person shall
				take, possess, transport, or sell any species of special concern included in
				this subsection or parts thereof or their nests or eggs except as authorized by
				permit from the executive director, permits being issued upon reasonable
				conclusion that the permitted activity will not be detrimental to the survival
				potential of the species. For purposes of this section, the definition of the
				word take in Rule 68A-1.004, F.A.C., applies.
None.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 8-1-79, Amended 6-22-80, 6-21-82, 7-1-84, 7-1-85,
					 Formerly 39-27.05, Amended 6-1-86, 5-10-87, 4-27-89, 10-22-92, 5-26-94,
					 6-23-99, Formerly 39-27.005, Amended 2-27-01, 5-1-01, 9-29-03, 6-1-06, 11-8-07,
					 11-8-10, 9-19-12, 1-11-17, 11-5-17, 12-23-18,
					 1-30-23.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-27 - RULES RELATING TO ENDANGERED OR THREATENED SPECIES › Section 68A-27.006 - Reward Program

Current through Reg. 50, No. 138; July 16, 2024
In order to implement a reward program for the reporting of
				  illegal killing, wounding or wrongful possession of Florida Endangered and
				  Threatened Species as defined herein the Commission establishes the following
				  procedures.
(1) The Commission will
				receive information through its Wildlife Alert Reward Program. The party
				providing the information will be identified by a code only and all names, if
				given, will be kept confidential unless the party specifically authorizes the
				use of his or her name. Information will be given to the party on the method to
				maintain contact with the Commission in order to properly pursue the
				matter.
(2) Upon conviction based
				upon the information received the party supplying information which leads to
				such conviction will be transmitted a reward in the following manner:
(a) If the party authorizes the use of his
				name a check in the appropriate amount will be forwarded directly to the
				party.
(b) If this party desires to
				remain anonymous a check in the appropriate amount will be made out to the
				regional enforcement supervisor and the regional manager of the involved
				region. After endorsement by both parties the check will be cashed and the
				money delivered by the regional enforcement supervisor and the regional manager
				to the party at a mutually agreeable time and
				place.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-29 - RULES RELATING TO THE TAKING OF MAMMALS › Section 68A-29.002 - Regulations Relating to the Taking of Mammals

Current through Reg. 50, No. 138; July 16, 2024
(1) For mammals not listed in Chapter 68A-27,
				F.A.C., or not regulated under Chapter 68A-24, F.A.C., the following
				restrictions control the take as defined in Rule
				68A-1.004, F.A.C. of the mammals
				listed below:
(a) None of the following
				species or their young, homes, dens or nests shall be taken, transported,
				stored, served, bought, sold or possessed in any manner at any time except as
				authorized in the Commission's Species Conservation Measures and Permitting
				Guidelines in subsection (b) or by permit from the executive director as
				provided in Rule 68A-9.002,
				68A-9.006, or
				68A-9.010, F.A.C., relating to
				the permitting of take of wildlife or freshwater fish for justifiable purposes,
				wildlife rehabilitation, or take of nuisance wildlife:
1. Florida mouse (
Podomys
				floridanus
),
2. Shrews
				(
Cryptotis
spp
., Blarina
spp
.,
				Sorex
spp.),
3. Fox
				squirrels (
Sciurus niger
ssp.),
4. Bats (
Corynorhinus
spp
., Myotis
spp
., Perimyotis
spp
.,
				Eptesicus
spp
., Lasiurus
spp.,
Nycticeius
spp.,
Tadarida
spp.),
5. American Mink (
Neovison
				vison
ssp
.
),
6. Santa Rosa beach mouse (
Peromyscus
				polionotus leucocephalus
),
7. Pine vole (
Microtus
				pinetorum
),
8. Long-tailed
				weasel (
Mustela frenata
ssp
.
),
9. Round-tailed muskrat (
Neofiber
				alleni
).
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-30 - INDEXING, MANAGEMENT AND AVAILABILITY OF FINAL ORDERS › Section 68A-30.001 - Authority and Purpose of Chapter

Current through Reg. 50, No. 138; July 16, 2024
Chapter 68A-30, F.A.C., regarding the indexing, management,
				  and availability of final orders, is promulgated pursuant to Section
				  120.533, F.S., and Chapter 1S-6,
				  F.A.C., and has been approved by the Department of State pursuant to Section
				  120.53(2)(c),
				  F.S. The purpose of this chapter is to provide public access to and
				  availability of final orders issued by the agency.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
					 120.533 FS. Law Implemented Art.
					 IV, Sec. 9, Fla. Const.,
					 120.53
					 FS.
New 6-11-92, Formerly
					 39-30.001.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-30 - INDEXING, MANAGEMENT AND AVAILABILITY OF FINAL ORDERS › Section 68A-30.002 - Public Access to Index and Orders

Current through Reg. 50, No. 138; July 16, 2024
(1) The agency shall make final orders
				accessible to the public by sequentially numbering and indexing final orders in
				accordance with this chapter, and making final orders and the subject matter
				index available to the public.
(2)
				The following shall be made available for public inspection and copying, at no
				more than cost:
(a) All final orders issued
				by the agency.
(b) The current
				subject matter index required by this chapter.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-30 - INDEXING, MANAGEMENT AND AVAILABILITY OF FINAL ORDERS › Section 68A-30.003 - Final Orders Indexed

Current through Reg. 50, No. 138; July 16, 2024
All agency final orders issued pursuant to Section
				  120.565,
				  120.57(1), (2), or
				  (3), F.S., shall be indexed in accordance
				  with the provisions of this chapter.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
					 120.533 FS. Law Implemented Art.
					 IV, Sec. 9, Fla. Const.,
					 120.53
					 FS.
New 6-11-92, Formerly
					 39-30.003.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-30 - INDEXING, MANAGEMENT AND AVAILABILITY OF FINAL ORDERS › Section 68A-30.004 - Numbering of Final Orders

Current through Reg. 50, No. 138; July 16, 2024
In addition to any internal case or file number which may be
				  assigned by the agency, or any case or file number which may be assigned by the
				  Division of Administrative Hearings, all final orders required to be indexed
				  pursuant to this chapter shall be sequentially numbered, as rendered, using a
				  two-part number separated by a dash. The first part, preceding the dash, shall
				  indicate the year in which that order is rendered, and the second part shall
				  indicate the numerical sequence of the order issued for that year, beginning
				  with number 1 each new calendar year. The assigned agency designation prefix,
				  which is "FWC, " shall precede the two-part number.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
					 120.533 FS. Law Implemented Art.
					 IV, Sec. 9, Fla. Const.,
					 120.533
					 FS.
New 6-11-92, Formerly
					 39-30.004.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-30 - INDEXING, MANAGEMENT AND AVAILABILITY OF FINAL ORDERS › Section 68A-30.005 - System for Indexing Final Orders

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The index required by this chapter shall be arranged in an orderly and logical
				fashion intended to facilitate the efficient and accurate retrieval of final
				orders. The index shall be arranged in accordance with the following:
(a) The index shall be alphabetically
				arranged by main subject headings taken from the Florida Statutes index, the
				rule chapter headings within this title, or such other main subject headings as
				are appropriate to facilitate ease of indexing and retrieval of final orders.
				The applicable titles of citations of the Florida Statutes or agency rules
				construed within the final order may determine the main subject headings and
				subheadings within the index. New main subject headings, subheadings, and
				sub-subheadings may be added when necessary.
(b) Main subject headings shall be all
				capital letters and shall be flush left on the page, followed by relevant
				subheadings which shall be initial caps and lower case letters indented.
				Subheadings and sub-subheadings, as necessary, at equal indentations shall be
				alphabetized. The numbers of final orders shall be listed sequentially in an
				indentation immediately below the applicable heading, subheading, or
				sub-subheading.
(c) Cross
				references shall be utilized where appropriate to direct the user to subject
				headings which may contain relevant information. Related key words (specific
				words, terms or phrases) and common and colloquial words shall be listed and
				cross referenced to the appropriate main subject headings.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-30 - INDEXING, MANAGEMENT AND AVAILABILITY OF FINAL ORDERS › Section 68A-30.006 - Maintenance of Records

Current through Reg. 50, No. 138; July 16, 2024
Final orders that comprise final agency action and that must
				  be indexed pursuant to this chapter shall be permanently maintained by the
				  agency pursuant to the retention schedule approved by the Department of State,
				  Division of Library and Information Services.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
					 120.533 FS. Law Implemented Art.
					 IV, Sec. 9, Fla. Const.,
					 120.53
					 FS.
New 6-11-92, Formerly
					 39-30.006.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-31 - SHOOTING RANGES › Section 68A-31.001 - Regulations Related to Commission Managed Shooting Ranges

Current through Reg. 50, No. 138; July 16, 2024
(1) Commission managed shooting ranges shall
				be established by order of the Executive Director and maintained on a list
				titled "Commission Managed Shooting Ranges, " dated July 1, 2008, incorporated
				herein by reference and kept at its headquarters office and regional
				offices.
(2) The following rules
				shall apply on Commission managed shooting ranges:
(a) The possession of open containers of
				intoxicating beverages is prohibited.
(b) Public access is prohibited from sunset
				until sunrise, except on supervised shooting ranges where dates and hours of
				operation will be as established by order of the Executive Director.
(c) Persons shooting rifles or handguns shall
				allow a minimum of two (2) seconds between each round fired unless otherwise
				authorized during a Commission sanctioned shooting event or Commission
				established practice. Practice sessions shall be established by the Commission
				as to date, time and designated range by posting at the designated shooting
				range and on the Commission's internet site.
(d) Discharging a gun on a range in a manner
				that is careless or reckless or in a manner that results in projectiles
				escaping the shooting range property is prohibited.
(e) Shooting or attempting to shoot
				structures or facilities at Commission managed shooting ranges that are not
				designated targets or within designated firing lanes is
				prohibited.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-2 - GENERAL › Section 68B-2.002 - Return of Marine Organisms to Water; Permissible Temporary Possession

Current through Reg. 50, No. 138; July 16, 2024
(1) This subsection applies to all marine
				finfish and any marine invertebrate regulated by Division 68B, F.A.C., with the
				exception of Chapter 68B-26, F.A.C. All persons catching or taking but not
				retaining for use any such marine organism shall immediately release such
				marine organism at the site of capture. No person may unnecessarily harm or
				destroy any such organism. No such organism may be placed or deposited on any
				bank, shore, beach or other place out of the water.
(2) Permissible Temporary Possession
(a) Unless possession is expressly prohibited
				for a particular species, a person may temporarily possess an organism for
				purposes of identifying the species, photographing, or determining compliance
				with applicable regulations.
(b) A
				person who temporarily possesses an organism pursuant to paragraph (2)(a), must
				immediately return the organism to the water unharmed.
(c) A person must also comply with other
				restrictions on temporary possession that may be established for a particular
				species.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-2 - GENERAL › Section 68B-2.003 - License Required for Harvest or Possession of a Marine Organism

Current through Reg. 50, No. 138; July 16, 2024
(1) Recreational Harvester - A recreational
				harvester may not harvest, attempt to harvest, or possess in or on Florida
				Waters a marine organism unless the recreational harvester is in possession of
				a valid recreational saltwater fishing license. This provision does not apply
				to a recreational harvester who is otherwise exempt from state recreational
				licensing requirements.
(2)
				Commercial Harvester -
(a) Saltwater Products
				- A commercial harvester may not harvest, attempt to harvest, or possess in or
				on Florida Waters or sell a marine organism unless the commercial harvester is
				in possession of a valid saltwater products license.
(b) Restricted Species - A commercial
				harvester may not harvest or possess in or on Florida Waters or sell an
				organism that has been designated as a restricted species in Division 68B,
				F.A.C., unless the commercial harvester is in possession of a valid saltwater
				products license with a restricted species
				endorsement.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-2 - GENERAL › Section 68B-2.004 - Recreational and Commercial Harvest on the Same Trip

Current through Reg. 50, No. 138; July 16, 2024
On a single trip, a person must either be a recreational
				  harvester or a commercial harvester for each species they harvest or possess.
				  If a person is harvesting or is in possession of an organism for commercial
				  purposes, that person may not harvest or possess an organism of the same
				  species for recreational purposes on the same trip. If a person is harvesting
				  or is in possession of an organism for recreational purposes, that person may
				  not harvest or possess an organism of the same species for commercial purposes
				  on the same trip. In addition, no person aboard a vessel may harvest or possess
				  an organism for recreational purposes if an organism of the same species is
				  harvested or possessed by another person aboard the vessel for commercial
				  purposes on the same trip. No person aboard a vessel may harvest or possess an
				  organism for commercial purposes if an organism of the same species is
				  harvested or possessed by another person for recreational purposes on the same
				  trip.
Rulemaking Authority Article IV, Section 9, Florida
					 Constitution. Law Implemented Article IV, Section 9, Florida
					 Constitution.
New 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-2 - GENERAL › Section 68B-2.006 - Restricted Species Endorsement

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				restricted species endorsement on the saltwater products license is required to
				sell to a licensed wholesale dealer those species which the state, by law or
				rule, has designated as "restricted species." This endorsement shall be issued
				only to a person who is at least 16 years of age, or to a firm, each of which
				must certify that over 25% percent of their income or $5, 000 of their income,
				whichever is less, is attributable to the sale of saltwater products pursuant
				to a saltwater products license issued under Section
				379.361(2),
				F.S., or a similar license from another state. This endorsement may also be
				issued to a for-profit corporation if it certifies that at least $5, 000 of its
				income is attributable to the sale of saltwater products pursuant to a
				saltwater products license or a similar license from another state. However, if
				at least 50% percent of the annual income of a person, firm, or for-profit
				corporation is derived from charter fishing, the person, firm, or for-profit
				corporation must certify that at least $2, 500 of the income of the person,
				firm, or corporation is attributable to the sale of saltwater products pursuant
				to a saltwater products license issued or a similar license from another state,
				in order to be issued the endorsement. Such income attribution must apply to at
				least 1 of the last 3 years. For the purpose of this rule, "income" means that
				income that is attributable to work, employment, entrepreneurship, pensions,
				retirement benefits, and social security benefits.
(2) To renew an existing restricted species
				endorsement, a marine aquaculture producer possessing a valid saltwater
				products license with a restricted species endorsement may apply income from
				the sale of marine aquaculture products to licensed wholesale
				dealers.
(3) The commission may
				require verification of such income for all restricted species endorsements
				issued pursuant to this rule.
(a) Acceptable
				proof of income earned from the sale of saltwater products shall be one or more
				of the following:
1. Copies of trip ticket
				records generated pursuant to Chapter 68E-5, F.A.C. (marine fisheries
				information system), documenting qualifying sale of saltwater products to a
				licensed wholesale dealer,
2.
				Copies of sales records and commercial fishing license from locales other than
				Florida documenting qualifying sale of saltwater products to a licensed dealer,
				or
3. Crew share statements
				verifying income earned from the sale of saltwater products to a licensed
				wholesale dealer.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-2 - GENERAL › Section 68B-2.007 - Prohibition of Possession, Transport, Purchase, or Sale of Illegally-Caught Marine Organisms

Current through Reg. 50, No. 138; July 16, 2024
Except for a law enforcement officer acting in an enforcement
				  capacity, no person may possess, transport, purchase, or sell any marine
				  organisms harvested in violation of any of the requirements of Division 68B,
				  F.A.C., or Chapter 379, F.S.
Rulemaking Authority Article IV, Section 9, Florida
					 Constitution. Law Implemented Article IV, Section 9, Florida
					 Constitution.
New 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-2 - GENERAL › Section 68B-2.008 - Trap Placement

Current through Reg. 50, No. 138; July 16, 2024
It is unlawful for any person to place traps in the marked
				  navigation channels of the intracoastal waterways, or any other marked
				  navigation channels maintained or marked by the United States Army Corps of
				  Engineers, United States Coast Guard, State of Florida, navigation district, or
				  any county or municipal government.
Rulemaking Authority Article IV, Section 9, Florida
					 Constitution. Law Implemented Article IV, Section 9, Florida
					 Constitution.
New 9-1-13.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-2 - GENERAL › Section 68B-2.009 - Designation of License-Free Saltwater Fishing Days

Current through Reg. 50, No. 138; July 16, 2024
Notwithstanding the provisions of Section
				  379.354, F.S., any person may
				  take or attempt to take saltwater fish for noncommercial purposes during
				  "License-Free Saltwater Fishing Days" without obtaining or possessing a license
				  as otherwise required by the section. "License-Free Saltwater Fishing Days" are
				  hereby designated as the first Saturday and Sunday in June, the first Saturday
				  in September and the Saturday following Thanksgiving. Any person taking or
				  attempting to take saltwater fish during said periods shall comply with all
				  other laws or regulations governing the holders of saltwater recreational
				  fishing licenses, and all other conditions and limitations regulating the
				  taking of saltwater fish as are imposed by law or rule.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const.,
					 379.354 FS. Law Implemented Art.
					 IV, Sec. 9, Fla. Const.,
					 379.354
					 FS.
New 1-7-14.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-2 - GENERAL › Section 68B-2.010 - Tournament Permits

Current through Reg. 50, No. 138; July 16, 2024
King and Spanish Mackerel -
A permit is required to meet the requirements of 50 C.F.R.
				  §622.386(e) (as of January 9, 2015) for tournament-caught king and Spanish
				  mackerel to be donated and sold. Upon request and submission of the information
				  required in subsection (1), the Executive Director, or his designee, shall
				  issue a mackerel tournament donation permit to the director of an organized
				  tournament to allow tournament-caught king and Spanish mackerel to be donated
				  to a licensed wholesale seafood dealer.
(1) The tournament organizer shall supply the
				following:
(a) The tournament organizer's
				name, mailing address, phone number, and email address; the name of the
				tournament/organization; the number of tournament participants; the dates and
				times of the tournament; the name and address of the tournament landing and
				weigh-in location. The tournament organizer shall also indicate whether
				participants are charged an entry fee and if prizes are awarded.
(b) The name of the wholesale seafood dealer
				accepting donated fish, their wholesale seafood dealer license number, contact
				person, business address, and phone number.
(c) The name, address, phone number, and tax
				identification number of the charitable organization.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-2 - GENERAL › Section 68B-2.011 - Chumming

Current through Reg. 50, No. 138; July 16, 2024
(1) It is unlawful for any person to place
				chum in the water for the purposes of fishing from a beach or wade fishing in
				waters immediately adjacent to a beach. This shall not be construed to prohibit
				the use of a baited hook when fishing with hook and line gear, placing bait in
				a trap authorized pursuant to rule
				68B-4.020, F.A.C., in order to
				target marine organisms by enticing them to enter the trap, or the use of a
				baited trotline for the harvest of blue crab.
(2) For the purposes of this rule, "chum"
				means fish, fish parts, other animal products, or synthetic products created or
				intended to chemically or otherwise resemble animal products placed in the
				water for the purpose of attracting a marine organism.
(3) For the purposes of this rule, "beach"
				shall be defined as any area of shoreline along a body of marine or brackish
				water that is covered predominantly in sand, with sufficient sand above the
				mean high-water line to support sunbathing.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
					 Implemented Art. IV, Sec. 9, Fla.
					 Const.
New 7-1-19.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-3 - LOCAL LAWS › Section 68B-3.001 - Repeal of Chapters 57-1218 and 57-1219, and Portions of Chapters 19719, 27450, 70-626, Charlotte County Special Acts

Current through Reg. 50, No. 138; July 16, 2024
(1) The Fish and Wildlife Conservation
				Commission has determined that the repeal of Charlotte County Special Acts,
				chapter 57-1218 and chapter 57-1219, Laws of Florida (1957), will not adversely
				affect the marine resources of Charlotte County or of the State of Florida,
				therefore Charlotte County Special Acts chapter 57-1218 and chapter 57-1219,
				Laws of Florida (1957) are hereby repealed.
(2) The Fish and Wildlife Conservation
				Commission has determined that the repeal of portions of Charlotte County
				Special Acts of Local Application, chapter 19719, Laws of Florida (1939),
				chapter 27450, Laws of Florida (1951), and chapter 70-626, Laws of Florida
				(1970), will not adversely affect the marine resources of Charlotte County or
				of the State of Florida.
(a) Sections 2, 3, 4,
				and 6 of chapter 19719, Laws of Florida (1939), are hereby repealed.
(b) Sections 2, 3, 5, and 6 of chapter 27450,
				Laws of Florida (1951), are hereby repealed.
(c) Section 3 of chapter 70-626, Laws of
				Florida (1970), is hereby repealed.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68B - Marine Fisheries › Chapter 68B-3 - LOCAL LAWS › Section 68B-3.002 - Repeal of Chapters 27473 and 30665, and Portions of Chapters 20159, 26045, and 70-639, Collier County Special Acts of Local Application

Current through Reg. 50, No. 138; July 16, 2024
(1) The Fish and Wildlife Conservation
				Commission has determined that the repeal of Collier County Special Acts of
				Local Application, chapter 27473, Laws of Florida (1951), and chapter 30665,
				Laws of Florida (1955), will not adversely affect the marine resources of
				Collier County or of the State of Florida, therefore Collier County Special
				Acts chapter 27473, Laws of Florida (1951), and chapter 30665, Laws of Florida
				(1955), are hereby repealed.
(2)
				The Fish and Wildlife Conservation Commission has determined that the repeal of
				portions of Collier County Special Acts of Local Application, chapter 20159,
				Laws of Florida (1939), chapter 26045, Laws of Florida (1949), and chapter
				70-639, Laws of Florida (1970), will not adversely affect the marine resources
				of Collier County or of the State of Florida.
(a) Section 2 of chapter 20159, Laws of
				Florida (1939), is hereby repealed.
(b) Section 4 of chapter 26045, Laws of
				Florida (1949), is hereby repealed.
(c) Section 3 of chapter 70-639, Laws of
				Florida (1970), is hereby repealed.