The purpose of the proposed rule revision is 1) and to incorporate Commission-approved guidelines by reference, and 2) to use language consistent with rules that control take and possession of other species not listed in Rule 68A-27.003. The revised ...

 

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 the proposed rule revision is 1) and to incorporate Commission-approved guidelines by reference, and 2) to use language consistent with rules that control take and possession of other species not listed in Rule 68A-27.003, F.A.C.. The revised language will incorporate FWC Commission-approved guidelines by reference and include a hyperlink. The effect of this rule revision is to add a hyperlink and reference for one Commission-approved guidelines: Species Conservation Measures and Permitting Guidelines for the Pine Barrens treefrog.

SUMMARY: Rule 68A-26.002, F.A.C. currently prohibits take of the Pine Barrens treefrog and the gopher frog, except as authorized by permit from the executive director as provided in Rule 68A-9.002, F.A.C. The revised rule will clarify that take of these species is prohibited without a permit, except as authorized in Commission-approved guidelines. The Commission has reviewed and approved guidelines for one non-listed amphibian, the Pine Barrens treefrog. This rule revision incorporates these guidelines into Rule 68A-26.002, F.A.C. by reference and hyperlinks

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

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting February 19 and 20, 8:30 a.m. – 5:00 p.m., each day

PLACE: Donald L. Tucker Civic Center, Meeting Room A, 505 W Pensacola St., Tallahassee, FL 32301

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. Brad Gruver, Section Leader, Species Conservation Planning Section, 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.

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

(1) None of the following species shall be taken, transported, stored, served, bought, sold or possessed in any manner at any time except as authorized by permit from the executive director as provided in 68A-9.002, F.A.C., or as authorized in Commission approved guidelines: gopher frog, Lithobates capito; Pine Barrens treefrog, Hyla andersonii. The following Species Conservation Measures and Permitting Guidelines from the Commission are hereby incorporated by reference and can be found online at the following link: Pine Barrens treefrog, Hyla andersonii (https://www.flrules.org/Gateway/reference.asp?No=Ref-______).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.,

(2) No change.

(3) Amphibians Other 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.

(4) No change.

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, 1-11-17, 7-1-18,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Bradley J. Gruver

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 9, 2019