The purpose and effect of this proposed rule is to eliminate the need for a permit to take inactive (meaning with no birds or eggs) nests or parts of such nests of birds not listed as endangered or threatened.

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-16.003Non-listed Inactive Migratory Bird Nests

PURPOSE AND EFFECT: The purpose and effect of this proposed rule is to eliminate the need for a permit to take inactive (meaning with no birds or eggs) nests or parts of such nests of birds not listed as endangered or threatened.

SUMMARY: Migratory birds and their active nests are protected from certain activities, including take, by the federal Migratory Bird Treaty Act (MBTA). That Act, including its protective provisions, also is incorporated into the Florida Fish and Wildlife Conservation Commission’s (FWC) rules in Chapter 16, F.A.C. Federal policy clarifying application of the MBTA to nest destruction indicates that no federal permit or other authorization is needed to destroy an inactive nest. FWC rules do not currently include language making this distinction between active and inactive nest. This proposed rule provides that language.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: Art. IV, Sec. 9, Florida Constitution

LAW IMPLEMENTED: Art. IV, Sec. 9, Florida Constitution

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting April 13-14, 2016, 8:30 a.m. ‒ 5:00 p.m., each day

PLACE: Wyndham Grand Jupiter at Harbourside Place, 122 Soundings Way, Jupiter, FL 33458

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 days before the workshop/meeting by contacting: the ADA Coordinator, at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Thomas H. Eason, Ph.D., Director, Division of Habitat and Species Conservation, Florida Fish and Wildlife Conservation Commission, 620 S. Meridian St., Tallahassee, FL 32399-1600

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-16.003 Non-Listed Inactive Migratory Bird Nests

For birds not listed in Chapter 68A-27, F.A.C., no permit is required to take (remove, relocate, or destroy) nests or any parts thereof which are inactive and do not contain eggs or flightless young, except as specified in FWC approved management plans or guidelines for such species. The nest must be removed, relocated, or destroyed when no birds are physically present. The nest materials may not be possessed but may be donated to an entity in possession of state and/or federal permits or other authorizations, or relocated to an alternate nesting platform or destroyed by burial, trash disposal or incineration, in accordance with state, county or local rules and ordinances.  Any take (removal, relocation or destruction) should be reported to the FWC Inactive Bird Nest Take registry within 2 business days. The registry and additional information are available at MyFWC.com.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New __________.

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Thomas H. Eason, Ph.D., Director, Division of Habitat and Species Conservation, Florida Fish and Wildlife Conservation Commission, 620 S. Meridian St., Tallahassee, FL 32399-1600

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 18, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 12, 2016