HERPDIGEST 08/31/08
3) Announcement of New Rule in Florida of General Provisions for Taking Possession and Sale of Reptiles (Turtles)

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 Outdated references to other rules were updated.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.
________________________________________________________________________

4) 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.
(8) 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. History–New 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, _______.
_____________________________________________________________________
5) Reasons Given by State For Proposed Changes

STATEMENT OF FACTS AND CIRCUMSTANCES JUSTIFYING PROPOSED RULES FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION: Division of Habitat and Species Conservation NAME OF PERSON(S) ORIGINATING PROPOSED RULE: Mr. Tim Breault, Division of Habitat and Species Conservation.
NAME OF SUPERVISOR WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 11, 2008.
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN F.A.W: April 18, 2008.

RULE NO: RULE TITLE:
68A-25.002
General Provisions for Taking Possession and Sale of Reptiles.

Demand for freshwater turtles as pets and food has increased in both domestic and international markets. Large legal commercial freshwater turtle harvests have recently been reported in Florida, probably driven by these demands. Many of the turtles harvested in Florida are bound for international markets. In addition, other eastern states (AL, MI, MD, NC, SC, TN, and TX) have recently enacted stricter regulations or prohibited commercial freshwater turtle harvests, which could redirect turtle harvesters from these states to Florida. Currently several species of freshwater turtle may be harvested limitlessly. Because of these circumstances, Florida’s freshwater turtles may be receiving unsustainable harvest pressures. This rule was drafted to protect Florida’s freshwater turtle species from over exploitation while a FWC team designs a long term strategy for the protection of Florida’s amphibian and reptile species, including freshwater turtles.

On March 27, the Center for Biological Diversity with St. John’s Riverkeeper and the Center for Food Safety sent a petition to the Governor of Florida Charlie Crist, FWC Director Ken Haddad and the Florida Department of Health calling for emergency rulemaking to prohibit the commercial harvest of freshwater turtles. The petition claimed that the current commercial turtle harvest poses a threat to the long-term survival of turtle populations. The petition also claimed that turtle meat was dangerous for human consumption because of high levels of toxins. This petition was followed by another on March 28, from several of the authors of the book, Biology and Conservation of Florida Turtles. The second petition requested that an emergency rule be enacted limiting turtle collection to one per person per day or two per day per group. These petitions were denied because an emergency rule is only a short term measure and under the circumstances, staff felt a longer term measure was n!
eeded, which led directly to the development of this rule.

A notice of proposed rule development was filed on April 18th, 2008. A draft of this rule was presented at the Dania Beach Commission meeting on June 11 – 12. No change to this draft has been made. Although stuff has collected information from stakeholders, two workshops will be held in August to inform stakeholders of proposed rule changes.

After reviewing the rule, several outdated references were changed. 68A 27.002 refers to birds and mammals only, so the reference was changed to the more inclusive 68A 27, which deals with listed species. These changes were made in paragraphs 6, 8, and 9.
_________________________________________________________________________________
6) Comments From Jeff Miller, Center for Biodiversity on New Rule And How to Send In Your Comments
----------------------------------------------------
Florida has published a proposed rule limiting commercial harvest of freshwater turtles to 5 per day in both public and private waters.

The Center is sending in comments that support a total closure of harvest in both public and private waters to protect humans from consuming contaminated freshwater turtles, and recommending that Florida should at the very least,
immediately close harvest in all public waters.

During a recent meeting with stakeholders on the freshwater turtle harvest issue held by the Florida Fish and Wildlife Conservation Commission, we found out that resident turtle dealers and collectors in Florida recentlysubmitted a letter advocating closure of harvest in public waters due to recent harvest pressures from out of state collectors. Closing public waters is apparently a win-win situation for both sides of the table and we
should urge the Commission to insert language into the final rule banning turtle harvest from public waters.

We also are advocating for prohibiting the possession of Barbour's map turtles (Graptemys barbouri), Escambia map turtles (Graptemys ernsti), and alligator snapping turtles (Macrochelys temminckii). Current possession limitations in Florida of these species act as gaping loopholes that are being used by interstate traffickers who sell these animals legally in states where they are not native.

The proposed rule is attached and here is a link to the Florida Administrative Weekly (Florida Register):
https://www.flrules.org/default.asp

A PUBLIC RULEMAKING HEARING ON THE PROPOSED RULES will be held 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

SUBMIT ANY COMMENTS ON THE PROPOSED RULE TO: Mr. Tim Breault, Director,
Division of Habitat and Species Conservation, Fish and Wildlife Conservation
Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

Jeff Miller/Conservation Advocate/Center for Biological Diversity/351 California Street, Suite 600/San Francisco, CA 94104/Phone: (415) 436-9682 x303/Fax: (415) 436-9683
Web site: www.biologicaldiversity.org

Edited on August 31, 2008 at 22:19:51 by PHGinger.