The purpose of this proposed rule revision is to provide certain protections for some reptile species that are being reclassified to an unlisted status. The effect of this proposed rule revision is to prohibit the take and possession of Peninsula ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-25.002General Provisions for Taking Possession and Sale of Reptiles

PURPOSE AND EFFECT: The purpose of this proposed rule revision is to provide certain protections for some reptile species that are being reclassified to an unlisted status. The effect of this proposed rule revision is to prohibit the take and possession of Peninsula ribbon snakes, red rat snakes, and striped mud turtles from the Lower Keys.

SUMMARY: The Commission found that Peninsula ribbon snakes, red rat snakes, and striped mud turtles from the Lower Keys did not meet the criteria for listing as State-designated Threatened species. Therefore, the Peninsula ribbon snake and striped mud turtle are being removed from the Florida Endangered and Threatened Species List, and the red rat snake is being removed from the State’s Species of Special Concern List. However, these species need protection of intention take and possession to prevent possible exploitation that would cause them to meet listing criteria in the future. The proposed rule revisions provide those protections.

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-25.002 General Provisions for Taking, Possession and Sale of Reptiles.

(1) through (5) No change.

(6) Turtles.

(a) Take and possession – For turtles not listed in Chapter 68A-27, F.A.C., the following restrictions control the take or possession:

1. No person shall take, transport, or possess any turtle listed in Rule 68A-27.005, F.A.C. (alligator snapping turtle (Macrochelys temminckii), Barbour’s map turtle (Graptemys barbouri) or Suwannee cooter (Pseudemys suwanniensis)), their eggs, or parts thereof except as provided in Rule 68A-27.005, F.A.C.

2. For turtles not listed in Chapter 68A-27, F.A.C., the following restrictions control the take or possession:

1a. No person shall take more than one turtle per day unless authorized by permit from the executive director as provided in Rule 68A-9.002, F.A.C.

2b. Turtle eggs may not be taken from the wild.

3c. Turtles may only be taken by hand, baited hooks, minnow seine nets or dip nets.

4d. No person shall take Escambia map turtles (Graptemys ernsti), cooters (Pseudemys spp.), striped mud turtles (Kinosternon baurii) or snapping turtles (Chelydra spp.) from the wild.

5e. No softshell turtles (Apalone spp.) may be taken from the wild during the period May 1 to July 31.

6f. No person shall possess more than two Escambia map turtles (Graptemys ernsti), two diamond-backed terrapins (Malaclemys terrapin), two box turtles (Terrapene carolina), or two loggerhead musk turtles (Sternotherus minor).

7g. The Commission recognizes aquaculture as an alternative to commercial harvest of wild populations of freshwater turtles. An owner, manager, agents or director of an aquaculture facility certified by the Florida Department of Agriculture and Consumer Services pursuant to Section 597.004, F.S. and Chapter 5L-3, F.A.C., may harvest freshwater turtles as brood stock for scientific or commercial aquaculture as authorized by permit from the executive director limiting the location of harvest activities, duration of harvest activities, species of turtles to be harvested, number and size of turtles to be harvested to prevent overharvest of freshwater turtles.

(b) Transport – No person shall transport more than one turtle or any turtle eggs unless authorized by one of the following:

1. A permit from the executive director as provided in Rule 68A-9.002, F.A.C. An individual transporting turtles under the authority of this permit shall possess a copy of the permit.

2. An aquaculture facility certification issued by the Florida Department of Agriculture and Consumer Services under Section 597.004, F.S. and Chapter 5L-3, F.A.C. An individual transporting turtles under the authority of this certification shall possess a copy of such certificate.

3. A license for sale or exhibition of wildlife under Section 379.3761, F.S. An individual transporting more than one turtle under the authority of this license shall possess a copy of such license.

4. Documentation of the source and supplier of the turtles, indicating the purchase date; quantity and species of turtles acquired; name and complete address of supplier; and license identification number of supplier where applicable.

(c) Sale – No person shall buy, sell, or possess for sale turtles, their eggs or parts thereof, that have been taken from the wild.

(7) through (9) No change.

(10) No person shall take or possess Peninsula ribbon snakes (Thamnophis sauritus sackenii) or red rat snakes (Pantherophis guttatus) from the Lower Keys population.

(11)(10) 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.

(12)(11) Reptiles may be taken throughout the year in any manner not conflicting with other provisions of these rules.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const, 379.303, 379.304, 379.3012, 379.3751, 379.372, 379.3761, 379.3762 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, 10-23-08, 7-20-09, 8-19-14, ___________.

 

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 11, 2016