Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68A - Freshwater Fish and Wildlife › Chapter 68A-25 - RULES RELATING TO REPTILES › Section 68A-25.032 - Regulations Governing the Establishment of Alligator Management Programs

Current through Reg. 50, No. 138; July 16, 2024
Alligator management programs designed for the taking of
				  alligator eggs and hatchlings and the trapping of non-hatchling alligators may
				  only be established on private lands and on public lands, other than sovereign
				  submerged lands, for which a governmental entity can demonstrate an ownership
				  interest or a leasehold interest and approval of the owner (referred to as
				  "public lands" in this section) under the following conditions:
(1) Alligator Management Program -
				Application and review procedures.
(a) The
				owner or authorized lessee of property containing alligator habitat (as
				described in FWC form 1000PW) shall make written application, on forms provided
				by the Commission (Alligator Management Program Application, FWC form 1000PW,
				effective November 21, 2014, is incorporated to the rule by reference and may
				be obtained from the Commission and is found online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-04818
),
				for establishment of an Alligator Management Program each calendar year. A
				group of landowners or authorized lessees may apply jointly provided their
				properties are adjoining.
(b) The
				alligator habitat described in the Alligator Management Program Application may
				not include lands established as an alligator harvest management unit pursuant
				to rule 68A-25.042, F.A.C., or an
				alligator egg collection area pursuant to rule
				68A-25.031, F.A.C.
(c) Alligator habitat inventories contained
				in Alligator Management Program Applications shall be verified by an individual
				who is designated as an associate wildlife biologist or a certified wildlife
				biologist under The Wildlife Society's Program for Certification of
				Professional Wildlife Biologists, The Wildlife Society, 5410 Grosvenor Lane,
				Bethesda, MD 20814; or who is designated as an associate ecologist, ecologist,
				or senior ecologist under the Ecological Society of America's Certification
				Program, ESA Center for Environmental Studies, Arizona State University, Tempe,
				AZ 85287-3211; or who is designated as an associate fisheries scientist or a
				certified fisheries scientist under the American Fisheries Society's
				Professional Certification Program, American Fisheries Society, 5410 Grosvenor
				Lane, Suite 110, Bethesda, MD 20814-2199; or who is a full Member of the
				Society of American Foresters, 5400 Grosvenor Lane, Bethesda, MD 20814.
				Non-hatchling and hatchling alligator surveys contained in said applications
				shall be verified by an individual who is designated as a certified wildlife
				biologist by The Wildlife Society's Program for Certification of Professional
				Wildlife Biologists. Alligator nest surveys contained in said applications
				shall be conducted by an individual who is designated as a certified wildlife
				biologist by The Wildlife Society's Program for Certification of Professional
				Wildlife Biologists or a Commission-approved observer. Any survey verified or
				conducted by an individual who has been convicted of any Commission rule,
				statute, or permit violation within the last three years at the time of
				application shall be rejected by the Commission. A person seeking
				Commission-approved observer status shall be denied if he or she has been
				convicted of any Commission rule, statute, or permit violation within the last
				three years. As used in this paragraph, the term conviction shall mean any
				judicial disposition other than acquittal or dismissal. Persons seeking
				Commission-approved observer status shall submit:
1. Documentation demonstrating 5 years of
				experience observing at least 125 alligator nests each year, and
2. Two letters of reference from adults
				having personal knowledge of the observers stated nest survey experience. No
				more than one reference may be a relative of the observer.
(d) Applicants may incorporate by reference
				in their annual application the habitat inventories and non-hatchling alligator
				surveys referenced in paragraph (1)(c), above, that were previously submitted
				by the applicant and that remain on file with the Commission provided that
				habitat conditions have not changed on the property. New applicants for
				previously permitted properties shall submit newly verified habitat inventories
				and non-hatchling alligator surveys as specified in paragraph (1)(c),
				above.
(e) Upon review and approval
				of timely submitted applications, individuals designated in the application
				(hereinafter referred to as designees) shall be entitled to receive permits to
				take alligators, eggs, or hatchlings on the permitted property in accordance
				with permit provisions and provisions of this rule.
(f) Applicants may identify one designee for
				taking non-hatchling alligators, one designee for taking alligator eggs, and
				one designee for taking alligator hatchlings. Public lands applicants shall
				select designees by a competitive bidding or random selection process. Requests
				to change a designee shall be in writing.
(g) Designees shall be licensed in accordance
				with the provisions of section
				379.3751, F.S., prior to the
				issuance of their permits. A permittee's agents shall be licensed, if
				necessary, in accordance with the provisions of section
				379.3751, F.S., prior to said
				agents taking non-hatchling alligators, alligator hatchlings, or alligator
				eggs.
(h) Permits shall be issued
				to designee within 60 days following receipt of a complete application meeting
				the criteria established herein (applicants should submit applications at least
				60 days prior to the opening of the harvest period to ensure timely issuance of
				harvest permits and tags prior to the opening of the harvest period). Permits
				may be denied, pursuant to rule
				68-1.010, F.A.C., to designees
				who have previously failed to return unused tags and completed forms as
				specified herein.