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

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-26.002Regulations Relating to the Taking of Amphibians

PURPOSE AND EFFECT: The purpose of this proposed rule revision is to provide certain protections for some amphibian species that are being reclassified to an unlisted status. The effect of this proposed rule revision is to prohibit the take and possession of gopher frogs and Pine Barrens treefrogs.

SUMMARY: The Commission found that gopher frogs and Pine Barrens treefrogs did not meet the criteria for listing as State-designated Threatened species. Therefore, these species are being removed from the State’s Species of Special Concern List. However, these species need protection from intentional 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: 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. 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-26.002 Regulations Relating to the Taking of Amphibians.

(1)(a) Except as prohibited in (1)(b) below, frogs Frogs may be taken by gigs, clubs, blow guns, hook and line, firearms or manually. Frogs may be taken throughout the year including non-daylight hours except that they may only be taken by firearm during daylight hours.

(b) No intentional take by any means or possession is allowed of the gopher frog (Lithobates capito) or the Pine Barrens treefrog (Hyla andersonii) except as authorized by permit from the executive director as provided in Rule 68A-9.002, F.A.C., relating to the permitting to take wildlife or freshwater fish for justifiable purposes.

(2) Amphibians other than frogs may be taken throughout the year in any manner not conflicting with other provisions of these rules and regulations except that when seines, nets or traps are used, the provisions of Chapter 68A-23, F.A.C., relating to the taking of bait minnows and other freshwater fish shall apply.

(3) Any person taking for sale or selling frogs shall be licensed as provided by Section 379.363, F.S.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.363 FS. History–New 8-1-79, Amended 6-4-81, 6-21-82, Formerly 39-26.02, 39-26.002, Amended 3-25-12, __________.

 

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