The purpose and effect of this rule revision are to implement species status changes found warranted by the Commission and to remove language referring to a moratorium that is no longer in effect.

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-27.005Designation of Species of Special Concern; Prohibitions; Permits

PURPOSE AND EFFECT: The purpose and effect of this rule revision are to implement species status changes found warranted by the Commission and to remove language referring to a moratorium that is no longer in effect.

SUMMARY: The Commission’s imperiled species rules were significantly revised in 2010, and as a result, all then listed species that had not had their status recently reviewed were evaluated against the listing criteria. Based on these evaluations, staff made listing status recommendations to the Commission. The Commission approved these recommendation in June 2011. However, as specified by rule, any listing status changes were not to be implemented until a management plan for the species was approved. The Imperiled Species Management Plan (ISMP) covering these species is being approved concurrently with this rule revision. This revision includes reclassifying 23 species from Species of Special Concern to State designated Threatened and adding them to the Florida Endangered and Threatened Species List, and reclassifying 13 species from Species of Special Concern to unlisted and removing them from the list. Additionally, the revision removes language referring to a moratorium that is no longer in effect.

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-27.005 Designation of Species of Special Concern; Prohibitions; Permits.

(1) During the moratorium created in subsection 68A-27.0012(4), F.A.C.: Management plans will be developed for the species listed in this rule and the species will be evaluated under the listing criteria in subsection 68A-27.001(3), F.A.C., for listing as a State-designated Threatened species. If the Commission determines that the species warrants listing as a State-designated Threatened species, final Commission action on the listing shall include removing reference to the species from this rule. If the species evaluation demonstrates the species does not qualify for listing as a State-designated Threatened species, the Commission will remove the species from this rule upon completion of a management plan. After a biological status review is conducted and a management plan is approved, the Commission will decide whether a species should remain listed when the species is determined to be data deficient pursuant to the Guidelines for Using the IUCN Red List Categories and Criteria.

(1)(2) The following species are hereby declared to be of special concern, and shall be afforded the protective provisions specified.

(2)(a) No person shall take, possess, transport, or sell any species of special concern included in this subsection or parts thereof or their nests or eggs except as authorized by permit from the executive director, permits being issued upon reasonable conclusion that the permitted activity will not be detrimental to the survival potential of the species. For purposes of this section, the definition of the word take in Rule 68A-1.004, F.A.C., applies.

(a)(b) Fish:

1. Bluenose shiner (Pteronotropis welaka),

2. Harlequin darter (Etheostoma histrio),

3. Lake Eustis pupfish (Cyprinodon hubbsi),

4. Rivulus (Rivulus marmoratus),

5. Saltmarsh topminnow (Fundulus jenkinsi),

6. Southern tessellated darter (Etheostoma olmstedi maculaticeps).

(c) Amphibians:

1. Florida bog frog (Lithobates okaloosae),

2. Georgia blind salamander (Haideotriton wallacei),

3. Gopher frog (Lithobates capito),

4. Pine Barrens treefrog (Hyla andersonii).

(b)(d) Reptiles:

1. Alligator snapping turtle (Macrochelys temminckii),

2. Barbour’s map turtle (Graptemys barbouri),

3. Florida Keys mole skink (Eumeces egregius egregius),

4. Florida pine snake (Pituophis melanoleucus mugitus),

5. Red rat snake (Elaphe guttata); lower Keys population only,

6. Suwannee cooter (Pseudemys suwanniensis).

(c)(e) Birds:

1. American oystercatcher (Haematopus palliatus),

2. Black skimmer (Rynchops niger),

3. Brown pelican (Pelecanus occidentalis),

4. Burrowing owl (Athene cunicularia),

5. Limpkin (Aramus guarauna),

6. Little blue heron (Egretta caerulea),

7. Marian’s marsh wren (Cistothorus palustris marianae),

8. Osprey (Pandion haliaetus); Monroe County population only,

9. Reddish egret (Egretta rufescens),

10. Roseate spoonbill (Platalea ajaja),

11. Scott’s seaside sparrow (Ammodramus maritimus peninsulae),

12. Snowy egret (Egretta thula),

13. Tricolored heron (Egretta tricolor),

14. Wakulla seaside sparrow (Ammodramus maritimus juncicola),

15. White ibis (Eudocimus albus),

16. Worthington’s marsh wren (Cistothorus palustris griseus).

(d)(f) Mammals:

1. Eastern chipmunk (Tamias striatus),

2. Florida mouse (Podomys floridanus),

1.3. Homosassa shrew (Sorex longirostris eonis),

4. Sanibel Island rice rat (Oryzomys palustris sanibeli),

2.5. Sherman’s fox squirrel (Sciurus niger shermani),

6. Sherman’s short-tailed shrew (Blarina carolinensis shermani).

(g) Mollusks:

Florida treesnail (Liguus fasciatus)

(e)(h) Crustaceans:

1. Black Creek crayfish, also known as Spotted royal crayfish (Procambarus pictus),

2. Panama City crayfish (Procambarus econfinae),

3. Santa Fe Cave crayfish (Procambarus erythrops).

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-22-80, 6-21-82, 7-1-84, 7-1-85, Formerly 39-27.05, Amended 6-1-86, 5-10-87, 4-27-89, 10-22-92, 5-26-94, 6-23-99, Formerly 39-27.005, Amended 2-27-01, 5-1-01, 9-29-03, 6-1-06, 11-8-07, 11-8-10, 9-19-12., __________.

 

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