
Celebrating Ten Years of The Florida Bar Animal Law Section
June 24, 2026
The Bear Hunt
June 24, 2026
By Kate MacFall, Florida State Director, Humane World for Animals
In February 2026, the Florida Fish and Wildlife Conservation Commission (FWC, or Commission) approved a sweeping overhaul of the state’s wildlife trapping regulations, with implementation scheduled for December 2026. The agency framed the changes as a long overdue modernization effort, aligning Florida with national Best Management Practices (BMPs) and providing clearer guidance for both the public and wildlife control professionals.
The new rules are a major shift from what has been in place for decades, and many of the changes do not align with the values of most Floridians today. Included in this overhaul is the expansion of the use of steel leg/foothold and body-crushing traps, controversial and indiscriminate devices known to cause prolonged animal suffering with a high non-target capture rate.
The final rule package contains a handful of meaningful improvements, but these are overshadowed by the dramatic expansion of steel leg/foothold traps, body‑crushing Conibear‑type traps, and beaver-drowning sets. For over half a century, Florida has prohibited these antiquated traps unless employed under a Special Use Permit (SUP) granted by the FWC. These changes are essentially a step back in time and raise questions about the state’s transparency and commitment to humane wildlife management.
In 1972, the state prohibited steel leg/foothold traps and body‑crushing traps outright, citing their inherent cruelty and indiscriminate nature. Soon thereafter the SUP requirement and process was added under certain circumstances, with permits granted or denied by the FWC. While this process is not overly selective or rigorous, it continues to provide a layer of protection for Florida wildlife and created a reasonable expectation that such traps were simply not part of the state’s wildlife management landscape. The new rules dismantle that expectation, allowing widespread use of devices that had been effectively prohibited for more than fifty years.
The rulemaking process began in May 2021, when the Association of Fish & Wildlife Agencies (AFWA) presented national trapping BMPs to the FWC. FWC Commissioners directed FWC staff to convene a Trapping Technical Assistance Group (TAG) to help staff modernize Florida’s rules and make the practice more humane.
The TAG assembled by FWC was broad and engaged. Members included several commercial nuisance trappers, pest control operators, USDA representatives, game‑farm and high‑fence interests, cattlemen’s organizations, one humane wildlife conflict specialist, and a few animal protection groups.
Despite the attempt to compromise or create a platform that incorporated priority issues from the differing sides, the final recommendations from staff were heavily pro-industry and did not reflect any of the top issues from the humane community, such as keeping oversight through the SUP, minimizing the suffering of animals, and public education.
The most consequential change is the removal of the SUP requirement for steel leg/foothold traps and body‑crushing Conibear traps. Beginning in December 2026, any member of the public may set these traps statewide after completing a simple registration and watching an online instructional video. No permit, no fee, and no meaningful oversight will be required.
This expansion is especially concerning given Florida’s unusually broad definition of “nuisance animal,” which allows lethal trapping based largely on a person’s subjective perception that an animal is undesirable. A nuisance animal is one who is doing harm to property or who you think may do harm to your property. Most sides agree that the definition of nuisance on the FWC website is from the last century and needs to be updated. If the definition is not updated, the state will likely see widespread and unnecessary killing of wildlife, including species that pose no threat to public safety or property.
FWC has highlighted minor trap‑design changes—such as offset jaws or thin rubber padding—as evidence of improved welfare. While these modifications may reduce certain types of injuries in some cases, they do not address the core animal welfare concerns associated with steel traps.
AFWA’s BMPs also make the scientifically disputed claim that animals “do not” chew off their own limbs to escape traps—a statement contradicted by decades of field observations, veterinary records, and wildlife rehabilitation case histories. This raises important questions about the standards being used to evaluate what is or is not humane and the evidence supporting those determinations.
The humane groups pushed to keep the SUP requirement for steel traps and asked that a SUP also be required for neck snares. Representatives from the humane groups also argued for shortening trap-check time from twenty-four hours to twelve hours or by 11:00 a.m. to prevent heat-related suffering. Another priority was to require a free public trapping permit to direct the tens of millions of untrained homeowners who currently trap wildlife with no education or accountability toward non‑lethal conflict resolution resources and the rules governing trapped animals.
This would also help the agency capture basic data regarding the species, location, and number of animals trapped/ killed in Florida. Currently the state has no data on the number of animals trapped. Additionally, there was much discussion about having a fee-based requirement for commercial trappers, and many of the professional trappers agreed with implementing a reasonable fee-based license. As hunters and fishers must pay a fee to take wildlife, it seems appropriate that the trappers should be held to the same standard.
While none of the changes from the humane community’s priority list even made it to the final draft, there are a few positive updates in FWC’s new trapping rules:
- Starting in December 2026, commercial trappers will be required to obtain a permit (still no fee) and report their data on animals trapped, killed, and handled to the FWC annually.
- The outdoor use of glue traps will be prohibited unless inside a closed vehicle.
- The use of snares will be by SUP only, though many applications have shifted to cable restraints (only minor differences from snares), and exceptions remain for allowing neck snares.
- Large corral traps, mostly used for hogs, will be required to have an open top to allow for non-target species to escape. There are a few exemptions/cases where the use of the old traps may be grandfathered in. The large box traps will not be allowed in order to prevent the capture of black bears and other protected species. Naturally a handful of exceptions are included.
One of the most alarming elements of the final rule is the reinstated limited allowance of beaver-drowning sets. These devices catch a beaver by the hind foot and hold the animal underwater, where—due to their physiology—they experience prolonged panic and suffocation for up to thirty-five minutes. This method is widely recognized as inconsistent with American Veterinary Medical Association euthanasia standards and raises significant animal‑welfare concerns.
The November 2025 draft presented by FWC staff at the Commission meeting in Belle Glade, Florida, included a prohibition of beaver-drowning sets, which was approved by the Commission. Yet by February 2026, the beaver-drowning sets had been quietly put back into draft—without TAG discussion or explanation—and the Commission passed the draft rules unanimously at its February meeting.
Florida’s 2026 trapping rule overhaul represents a pivotal moment for wildlife policy and protection in the state. While FWC incorporated several constructive improvements, the overall takeaway is the new rule dramatically expands the use of traps long associated with prolonged animal suffering and high non‑target capture rates. As these rules move toward implementation and ultimately go into effect, policymakers and advocates will continue to play an important role in monitoring impacts and holding our wildlife agency accountable, while pushing for common sense wildlife management policies to evolve toward greater accountability and compassion.

