The purpose and effect of this proposed rule revision is to remove a subsection of the rule referring to a moratorium that is no longer in effect.

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-27.0012Procedures for Listing and Removing Species from Florida's Endangered and Threatened Species List

PURPOSE AND EFFECT: The purpose and effect of this proposed rule revision is to remove a subsection of the rule referring to a moratorium that is no longer in effect.

SUMMARY: A two-year moratorium on new request for listing or removal of species from the Florida Endangered and Threatened Species List, except for emergency actions, was created when this rule was revised in November 2010. That moratorium has expired and the subsection referring to it is being removed to keep the rule language concise and accurate

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-27.0012 Procedures for Listing and Removing Species from Florida’s Endangered and Threatened Species List.

(1) No change.

(2) State-designated Threatened Species.

(a) Except as provided in subsection (1) above, these procedures shall not apply to:

1. Federally-designated Endangered and Threatened species,

2. Species not native to Florida,

3. Harvested species that are monitored through periodic stock assessments or other techniques and are the subject of any rule in Title 68, F.A.C., that allows harvest,

4. Species whose occurrence in Florida is only accidental,

5. Species that areis not within the Commission’s constitutional authority.

(b) through (e) No change.

(3) No change.

(4) There is a moratorium for two years after the effective date of this rule on new requests for listing or removal of species to or from the State-designated Threatened Species list, except for emergency actions, in order to facilitate development of management plans for species currently on this list.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-23-99, Formerly 39-27.0012, Amended 7-1-03, 5-26-05, 11-8-10, 11-14-11, __________.

 

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