STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: Florida Game and Fresh ) Water Fish Commission's Proposed )

Management and Research Plan and ) CASE NO. 76-482 Policy on Alligators )

)

HEARING OFFICER'S REPORT

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this case on April 13, 1976, in Tallahassee, Florida.

The purpose of the hearing was to receive public comment and to review the Florida Game and Fresh Water Fish Commission's Proposed Management and Research Plan and Policy on Alligators. The Florida Game and Fresh Water Fish Commission duly noticed the public hearing. Copies of the notice of hearing were published in newspapers and in the Florida Administrative Weekly. An erroneous Notice of Hearing appeared in the March 26, 1976 issue of the Florida Administrative Weekly. According to the erroneous notice the public hearing would have been conducted on April 22, 1976. A corrected notice appeared in the April 2, 1976 issue of the Florida Administrative Weekly.

The Florida Audubon Society, Inc. appeared at the hearing on April 13, and filed a Petition for Leave to Intervene in the proceeding, and a Motion for Continuance of the hearing. The Petition for Leave to Intervene was granted, and the Motion for Continuance was denied.

OPENING STATEMENTS

At the beginning of the hearing representatives of the Florida Game and Fresh Water Fish Commission made presentations respecting the Commission's Proposed Management Research Plan and Policy. Dr. O. E. Frye, Jr., the Director of the Game and Fresh Water Fish Commission made opening remarks. Dr. Frye stated that alligators have become too numerous in certain places in Florida, primarily in urban areas. The problem facing the Commission is how to handle this overabundance of alligators, and whether the harvesting of alligator hides should be permitted. Dr. Frye stated that he was fearful of open alligator hunting seasons because he felt that the result would be a resurgence of alligator bootlegging. He also expressed fear of allowing no harvesting whatever because of the increasing likelihood of alligator attacks on humans, and the resulting probability that people would no longer be willing to protect the alligator. He stated that the present program is completely inadequate.

The Commission has neither the funds nor the personnel to answer more than a fraction of the complaint calls that it receives regarding alligators.

Colonel D. Goodson, the Director of the Division of Law Enforcement of the Game and Fresh Water Fish Commission, stated that twenty years ago the courts were not willing to prosecute people for killing alligators. He expressed fear that this situation will recur. Colonel Goodson stated that there was previously an alligator hunting season in Florida, but that poaching contributed to reducing the alligator population to a low of 250,000. The number of

alligators in Florida has more than doubled since that time, and the size of alligators has also increased. Formerly four to six foot alligators were considered large. There are now many wild alligators in Florida that range from ten to twelve feet in length. Colonel Goodson indicated that during the past year approximately 10,000 alligator complaints were answered by his Division.

He indicated that it takes considerable time to relocate an alligator, and that his personnel averaged 4 hours per complaint. He stated that it took 15 of his officers on full-time duty to answer the complaints that could be answered. He noted that alligators have a tendency to go back to their old territories, and therefore answering complaints and relocating alligators would frequently have no long-term effect. Colonel Goodson stated that his Division would need more men and money to adequately respond to alligator complaints, or alternatively that a comprehensive alligator management plan must be adopted.

Tommy Hines, a research biologist employed by the Game and Fresh Water Fish Commission outlined the status of the alligator in Florida, and presented the Alligator Management and Research Plan that is being considered by the Commission. Mr. Hines' report respecting the status of the alligator in Florida was received in evidence at the hearing as Exhibit 2. The Florida Alligator Management and Research Plan was received in evidence as Exhibit 1. Mr. Hines summarized these documents at the hearing, he noted the rapid increase in the alligator population in Florida. He expressed the goals of the Game and Fresh Water Fish Commission as follows:

"The goals of the Florida Game and Fresh Water Fish Commission in regard to alligators are

to restore the species in presently understocked habitat, diminish or eliminate undue public concern and fears about large alligators while permitting the population to continue at healthy levels not detrimental to the species or man, and to manage the population as a renewable resource."

The proposed policy would allow controlled harvesting of alligator hides. Only qualified individuals would be licensed and authorized to trap alligators in areas where the alligator population is too high. Marketing of alligator hides would be supervised by the Commission and legally harvested hides would be marked. The Commission's plan further contemplates immediate programs to measure public attitudes toward alligators and to conduct research respecting aggressive alligators, population dynamics of alligators, and harvesting techniques.

SYNOPSIS OF THE TESTIMONY

Approximately 40 members of the public at large attended the hearing.

Those who attended were asked to give their name and address. A list of those who attended is attached to this report. Fifteen persons requested the opportunity to present their views. The names and addresses of each person who spoke at the hearing are set out as an attachment to this report.

Ten exhibits were marked and received into evidence at the hearing.

Exhibits 1, 2, 4, 5, 6, 8, and 9 were offered by representatives of the Game and Fresh Water Fish Commission. Exhibits 3 and 10 were offered by Mr. Charles Lee, the representative of the Florida Audubon Society, Inc. Exhibit 7 was offered by witness E. Ross Allen.

The Florida Audubon Society, Inc. requested leave to file reports of its expert witnesses after the conclusion of the hearing but before this report is forwarded to the Commission. Such leave was granted, and several letters had been received and are included with this report. These letters have been marked as Exhibits 11, 12, 13, and 14.

The following paragraphs are summaries of the statements made by witnesses at the hearing:

1. Ronald R. Richmond, a member of the Florida House of Representatives, and a resident of New Port Richey, Florida, testified that he has filed a proposed statute and Constitutional Amendment which would permit the Florida Game and Fresh Water Fish Commission to open seasons for alligator harvesting. Mr. Richmond testified that in his legislative district there is a people problem and an alligator problem. The problem is most acute in northeastern Pinellas County. Poaching is beginning to take place on a rampant scale. The cost to the state for removal of alligators has increased drastically. Mr. Richmond has encouraged local law enforcement officials to refrain from calling the Game and Fresh Water Fish Commission because of the cost. He testified that there is now public sentiment in favor of an alligator harvest. He encouraged the Commission to adopt rules for a harvest season noting that alligators are appearing frequently in ponds in housing subdivisions.

   
   

2. W. W. "Coon Bottom" Glenn, a representative of the Jackson County Conservation Club and a resident of Marianna, Florida stated his view that the purpose of the hearing was to determine what is best for the alligator population. Mr. Glenn testified that he has been a long-time member of the Jackson County Conservation Club and attended this hearing at their request. He stated that the Club had gone along with the earlier decision to cut off all alligator harvesting, but that in their opinion harvesting should now be permitted again. He stated that the Game and Fresh Water Fish Commission has the Club's complete support, and that the Commission has the information and expertise to permit them to handle the problem.

   
   

3. Mrs. Willie Ray O'Neal, a resident of Paxton, Florida, testified that there is a bad alligator problem in Walton County, Florida. The witness resides on Lake Jackson, and she stated that she sees alligators constantly in the lake. Mrs. O'Neal testified that the lake has become unusable because of the alligator population. She stated that she has turned in many alligator complaints to the Commission, and that she fears for the safety of her children and grandchildren. Mrs. O'Neal favors protection of birds and animals, but she expressed fear that a tragedy will occur if something is not done respecting alligators. Mrs. O'Neal concluded by stating that she wishes to protect alligators, but not to endanger people.

   
   

4. E. Ross Allen, the Proprietor of Sarasota Jungle Gardens, a member of the International Crocodilian Society, and a resident of Sarasota, Florida, testified in favor of the Proposed Alligator Management and Research Plan. Mr. Allen perceives the plan as an opportunity to learn more about alligators. He testified as to his considerable experiences with alligators. The alligator, according to Mr. Allen, is a wonderful, intelligent animal. Alligators will take charge when they can. They are motivated by food, and will, if they can, push people around. As alligators continue to grow larger, giant alligators will slow down the growth rate because they will not permit little alligators to get food. In time there will be less alligators in Florida, but there will be more giant alligators. Mr. Allen expressed his view that alligator farming can perpetuate the species citing experiences with other animals. He noted that the

   taking of alligators is expensive, and expressed the view that the time of the Game and Fresh Water Fish Commission should be spent on other animals. He testified that alligator control is necessary, and that it is an ecology problem. Mr. Allen testified that alligators will learn to fear people from the death of another alligator. Alligators have a system of communications.

   Alligators are one of the few animals that will attack animals larger than itself. They are not afraid to attack people unless they are taught to be afraid. He testified that hunting will scare them and keep them out of areas where people live. He expressed his hope that the most possible use will be made of alligators that are harvested.

   
   

5. Mr. Allen expressed his interest in the welfare of the alligator, and his view that the-Game and Fresh Water Fish Commission plan will save the alligator. He noted that game management works with deer and wild turkeys and that it will work with alligators. He testified that alligators have few natural enemies. He expressed concern that an incident of an alligator attack on a person could seriously polarize opinions against the alligator. He testified that in his opinion alligators will eventually become an important source of food.

   
   

6. Edwin Froehlick, a resident of Lake Park, Florida, testified in support of the proposed plan. Mr. Froehlick is a cattle farmer who several years ago developed an interest in alligator farming. He has attempted to raise alligators in captivity and feels that alligator farming is viable. He testified that sound management of alligators is necessary and that the Game and Fresh Water Fish Commission is best able to do that. Mr. Froehlick testified that alligators can provide good edible protein for human consumption and that alligator leather and alligator skulls are useful products. Mr. Froehlick testified that education of the public respecting alligators is essential.

   
   

7. The witness testified at some length about his experience with alligator farming. He noted that alligators can be fed undesirable food and trash fish, that they grow rapidly, and that they have many potential uses.

   
   

8. Greg Linscombe, a research biologist employed by the Louisiana Wildlife and Fisheries Commission and a resident of Baton Rouge, Louisiana, testified with respect to the experiences of the Louisiana Commission with a recently opened alligator harvest. He testified that the alligator population in Louisiana reached a low in the late 50's, and that hunting seasons were closed in the early 60's. He stated that poaching was virtually eliminated. He testified that by the late 60's the results were too good. Land owners and members of the public became concerned about alligators. A harvesting system was initiated and alligators are now viewed in Louisiana as a renewable resource. Alligator hunters and dealers are licensed and subject to stringent regulations. Alligator hides must be tagged and skinning instructions are changed periodically. Tags are issued to licensed hunters based upon estimated alligator population. Skins must be validated before they can be declared to be legal skins. The skin cannot be shipped until the tag is cut. The skins are carefully monitored by federal authorities and cannot be shipped outside the United States. Hunters in Louisiana are permitted to fish or shoot alligators from sunup to sundown during the harvesting season. Harvesting practices that take an inordinate number of females have been prohibited. During the last hunting season 86 percent of the alligators that were taken were males, and no alligators less than four feet in length were taken. The alligator hunts help the economy of the Louisiana parishes where hunting took place. Mr. Linscombe testified that he saw no increase in illegal hunting as a result of the seasons.

9. Mr. Linscombe stated that techniques are being developed so that alligator products could be identified so as to determine whether or not the products were made from legal hides. As of yet these techniques have not been perfected.

   
   

10. Mr. Linscombe stated that the Louisiana seasons are labeled an "experimental harvest". He recommended use of that term in Florida. He stated that if his agency perceives a decline in the alligator population they will stop the harvest. He feels that fears as to illegal poaching are unfounded. He also expressed his opinion that cutting down on the alligator population will benefit other marsh creatures.

    
    

11. Norman Padgett, a resident of West Palm Beach, expressed his opinion that alligators are a neglected natural resource. He wants to see the alligator managed so that benefit can be derived. Mr. Padgett endorsed the testimony of Mr. Allen and of Mr. Froehlick.

    
    

12. Charles Lee, the Vice President in charge of Conservation of the Florida Audubon Society, and a resident of Maitland, Florida, testified on behalf of the Audubon Society. He offered a resolution of the Society into evidence and it was received as Exhibit 10. It is the position of the Audubon Society that nuisance alligators should be removed from populated areas and killed if necessary, but that no commercial use of alligators should be permitted. Mr. Lee noted the Society's fear that commercial use of alligators could effect endangered crocodilian species elsewhere. He stated that alligator farming could pose the same problem. Mr. Lee testified that the Audubon Society endorses the views set out in a letter from Dr. Herbert W. Kale to Mr. Fred W. Stanberry of the Game and Fresh Water Fish Commission. This letter was received in evidence as Exhibit 4. The views of James N. Layne as set out in a letter to Mr. Fred W. Stanberry were also supported. This letter was received in evidence as Exhibit 5. The Society and Mr. Lee proposed that a fully trained alligator control unit be funded.

    
    

13. Mr. Lee was permitted to ask questions of other witnesses. In response to questioning Colonel Goodson stated his belief that the problem of nuisance alligators could be controlled to some degree if his Division had adequate funding. Colonel Goodson stated that it would take at least eighty-six officers to do the job, but that even then the alligator problem would persist because the population would increase. Colonel Goodson noted that if problem alligators could be killed the problem would be eased. Colonel Goodson also stated that he does not approve of the concept because of the cost. He testified that in his opinion it would cost less to manage alligators than to control them, but he did not have available a definite cost analysis.

    
    

14. In response to questions from Mr. Lee, Mr. Hines stated that the alligator density in Pinellas County is low and that Pinellas County generally does not have a harvestable surplus. Mr. Hines stated that from a game management point of view the density of alligators in Leon County would permit a harvestable surplus. Mr. Hines testified that there are a number of variables as to what is an acceptable density of alligators. He stated that if alligators have a commercial value, large wetland owners will probably be more interested in preserving them. Mr. Hines stated that Game and Fresh Water Fish Commission personnel could handle the nuisance problems if adequately funded, but that the overall problem is resource management.

    
    

15. In response to questions from Mr. Lee, Mr. Linscombe stated that there has been a decrease in cases made against poachers since hunting seasons have

    been reopened in Louisiana. Mr. Linscombe testified that in his opinion this is the best available indicator of illegal poaching activities, but that he had no hard evidence to establish whether poaching had increased or decreased. Mr.

    Linscombe did not know the cost of administering the alligator hunting seasons in Louisiana.

    
    

16. In conclusion Mr. Lee expressed the view that research respecting alligators has been sketchy and that the status of the alligator is not at all clear. He testified that the nuisance problem does not logically take us to the view that a commercial market should be established. He expressed the Audubon Society's position that funding should be sought to control the nuisance problem without a commercial harvests at least until the status of the alligator is better known. He expressed fear that a threatened species will be in trouble if a commercial market is opened, and that comparable cost data does not exist to show that alligator management would in fact be an inexpensive method of controlling nuisance alligators.

    
    

17. W. A. Burnham, the President of Florida Hunters, Inc., and a resident of Lakeland, Florida, testified that he has received many alligator complaints. Mr. Burnham is an employee of the railroads, and he testified that many alligators appear on the railroad right-of-ways. He testified that alligators eat hunting dogs which may cost as much as $700 each. He expressed support for the Game and Fresh Water Fish Commission plan.

    
    

18. Captain Shellie Downs, an employee of the Alachua County Sheriff's Department, and a resident of Gainesville, Florida, testified that in his opinion the problem is not what to do with the hides, but how to handle nuisance alligators. He favors the Game and Fresh Water Fish Commission plan because it carefully regulates hunters. He expressed the view that the hunter is not a threat to the alligator, but that encroaching population is. He urged that the Commission be very selective about who is licensed, and that licensed hunters be required to answer to local sheriffs or to regional offices of the Game and Fresh Water Fish Commission. Captain Downs testified that he has observed dead alligators floating in lakes in the Gainesville area. He testified that poaching can probably not be controlled any better than illegal drugs or highway speeding.

    
    

19. Captain Joe Bason, an employee of the Alachua County Sheriff's Department, and a resident of Gainesville, Florida, expressed agreement with the testimony of Captain Downs. He expressed the hope that the plan will work and stated that the plan will be worth the effort if one life is saved.

    
    

20. John S. Street, the Director of the Division of Animal Registration in Palm Beach County, the President of the International Crocodilian Society, and a resident of West Palm Beach, Florida, testified that his office receives several hundred alligator complaints annually. He testified that increased numbers of alligators in heavily populated areas is a major problem and that a policy must be adopted. He stated that no one wants annihilation of the alligator and that safeguards must be provided. He expressed support for the Game and Fresh Water Fish Commission plan. He urged that the plan be adopted promptly before public attitudes and opinions turn against the alligator.

    
    

21. In response to questions from Mr. Lee, Mr. Street testified that the International Crocodilian Society was formed in the early 1970's, has approximately 700 members, and has as its purpose the preservation of crocodilian species. Mr. Street urged that harvesting methods be carefully studied and reviewed.

22. Dr. Pauline Lawrence, a member of the Advisory Committee and a resident of Gainesville, Florida, expressed her opinion that simply shooting alligators will have no long-term benefit. Dr. Lawrence favors commercial use of alligator hides and development of alligators as a food source. She testified that simply controlling nuisance alligators by removing or shooting them will not get to the root of the problem.

    
    

23. In response to questions from Mr. Lee, Dr. Lawrence testified that in her opinion it would be stupid not to use alligator skins.

    
    

24. Clyde Hunt, a resident of Bushnell, Florida, testified that it is beyond his comprehension why a renewable resource such as alligators should not be utilized. He stated that alligators are wildlife and should be managed by the Game and Fresh Water Fish Commission. Mr. Hunt expressed his support for using all resources, including alligators, wisely. He testified that alligators could become the third or fourth most important Florida resource. Mr. Hunt expressed the need for quick action. The alligator mating season is beginning and he considers alligator attacks inevitable because of the increase in the number of big alligators. Mr. Hunt supports the Game and Fresh Water Fish Commission plan.

    
    

25. Herman Brooks, a resident of Orlando, Florida, inquired of Mr. Linscombe as to whether Louisiana has experienced any difficulty with set hooks. Mr. Linscombe testified that they have had none, that many alligators drown on the hoods, and that generally alligators are docile when hooked.

    
    

26. Dr. Frye made several concluding remarks. He expressed his wish that more members of the Florida Audubon Society had been present at the hearing to hear the testimony. He stated that the facts support the position being taken by the Florida Game and Fresh Water Fish Commission.

    
    

    SUMMARY AND CONCLUSION

    
    

    Mr. Charles Lee, the representative of the Florida Audubon Society, was the only witness who testified in opposition to the Game and Fresh Water Fish Commission's Proposed Management and Research Plan and Policy. All of the witnesses agreed that some action must be taken to alleviate the nuisance. The Audubon Society expressed the view that nuisance alligators should be handled through increased funding of an alligator alert team under the auspices of the Game and Fresh Water Fish Commission. The Society opposes commercial use of alligators. Persons who testified in support of the plan consider commercial use of the alligator to be the best nuisance control mechanism, and favor utilization of the alligator as a renewable resource.

    
    

    ENTERED this day of April, 1976 in Tallahassee, Florida.

    
    

    1. STEVEN PFEIFFER, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

       (904) 488-9675

       COPIES FURNISHED:

       
       

       Dr. O. E. Frye

       Game & Fresh Water Fish Commission

       
       

    2. E. Wallace

Game & Fresh Water Fish Commission

Charles Lee

P. O. Drawer 7 Maitland, Florida 32751

Docket for Case No: 76-000482

Orders for Case No: 76-000482