The purposes of this proposed rule revision are to change the rule title; authorize take, possession, or selling of State-designated Threatened species if such conduct is authorized in a management plan approved by the Commission; and to implement ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-27.003Designation of Endangered and Threatened Species; Prohibitions

PURPOSE AND EFFECT: The purposes of this proposed rule revision are to change the rule title; authorize take, possession, or selling of State-designated Threatened species if such conduct is authorized in a management plan approved by the Commission; and to implement species status changes found warranted by the Commission. The effect of this rule revision is a title that better describes the rule, more clarity on what conduct may be permitted to cause take or possession of State-designated Threatened species, and a listing status for species as found warranted by the Commission.

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 two species from State-designated Threatened to unlisted and removing them from the list.

Additionally, during development of the ISMP it was determined that some activities or conduct which may cause some minor amount of take may be authorized in the management plan because they are known to benefit species or not to cause significant impacts to species. Under the current rule, these activities or conduct would be a violation of the rule even though the overall impact is beneficial. Proposed revisions to the rule allow for such activities or conduct.

Finally, the rule title is being revised to more clearly label the content of the rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will 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 been prepared by the Agency.

The agency is acting pursuant to its constitutional authority and is, therefore, not an agency as defined by Chapter 120.52, F.S., and the requirements of Chapter 120, F.S. would not apply to this proposed rule. However, in January of 2008, the agency promulgated a rule requiring the agency to prepare a SERC when one is required by the APA that was in place in January 2008. Section 120.54 (2007), F.S., the law in place in January 2008, does not require a SERC in this instance. Nevertheless, the agency has prepared a SERC for this proposed rule.

Overall, FWC and external economic analysis showed that the rule changes adding state-Threatened species to Rule 68A-27.003, F.A.C. will not significantly impact the costs and/or revenues for other state and federal agencies, private businesses or other economic sectors. Uncertainty about final approved permitting guidelines as well as limitations inherent in the economic assessment likely bias the results for over-reporting of anticipated costs. While a few sectors estimate increasing costs over the next 5 years, others will see a slight increase in revenue annually. Overall, gains in other sectors may result in little or no net change to Florida’s economy. FWC anticipates that much of the costs may already be accounted for in other state or federal permitting processes and will monitor potential costs to applicants by conducting economic assessments as species permitting guidelines are developed in consultation with stakeholders. The SERC is available upon request from [e-mail].

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 its implementing authority.

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 November 16-17, 2016, 8:30 a.m. to 5:00 p.m., each day.

PLACE: University of South Florida Student Center, 200 6th Street South, St. Petersburg, Florida.

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-27.003 Florida Endangered and Threatened Species List; Prohibitions Designation of Endangered and Threatened Species; Prohibitions.

(1) No changes.

(2) State-designated Threatened species:

(a) No person shall take, possess, or sell any threatened species included in this subsection or parts thereof or their nests or eggs except as authorized by Commission rule or by permit from the Commission or when such conduct is authorized in a management plan as defined in this Chapter and approved by the Commission, or as authorized in Commission-approved guidelines.

(b) The species in this subsection are hereby declared to be State-designated Threatened Species, and shall be afforded the protective provisions specified.

(c) Fish:

1. Blackmouth shiner (Notropis melanostomus),

2. Bluenose shiner (Pteronotropis welaka),

32. Crystal darter (Crystallaria asprella),

43. Key silverside (Menidia conchorum),

5. Saltmarsh topminnow (Fundulus jenkinsi),

6. Southern tessellated darter (Etheostoma olmstedi maculaticeps).

(d) Amphibians:

1. Florida bog frog (Lithobates okaloosae),

2. Georgia blind salamander (Eurycea wallacei).

(ed) Reptiles:

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

21. Florida brownsnake (Storeria victa); lower Keys population only,

2. Peninsula ribbon snake (Thamnophis sauritus sackenii); lower Keys population only,

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

4. Florida pine snake (Pituophis melanoleucus mugitus),

53. Gopher tortoise (Gopherus polyphemus). The Gopher tortoise shall be afforded the protective provisions specified in this subparagraph. No person shall take, attempt to take, pursue, hunt, harass, capture, possess, sell or transport any gopher tortoise or parts thereof or their eggs, or molest, damage, or destroy gopher tortoise burrows, except as authorized by Commission permit or when complying with Commission approved guidelines for specific actions which may impact gopher tortoises and their burrows. A gopher tortoise burrow is a tunnel with a cross-section that closely approximates the shape of a gopher tortoise. Permits will be issued based upon whether issuance would further management plan goals and objectives.

64. Key ringneck snake (Diadophis punctatus acricus),

75. Rim rock crowned snake (Tantilla oolitica),

86. Short-tailed snake (Stilosoma extenuatum),

7. Striped mud turtle (Kinosternon baurii); lower Keys population only.

(f)(e) Birds:

1. American oystercatcher (Haematopus palliates),

2. Black skimmer (Rynchops niger),

3. Florida burrowing owl (Athene cunicularia floridana),

41. Florida sandhill crane (Grus Antigone canadensis pratensis),

52. Least tern (SternulaSterna antillarum),

6. Little blue heron (Egretta caerulea),

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

8. Reddish egret (Egretta rufescens),

9. Roseate spoonbill (Platalea ajaja),

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

113. Snowy plover (Charadrius nivosusalexandrinus),

124. Southeastern American kestrel (Falco sparverius paulus),

13. Tricolored heron (Egretta tricolor),

14. Wakulla seaside sparrow (Ammodramus maritimus juncicola),

155. White-crowned pigeon (Patagioenas leucocephala),

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

(g)(f) Mammals:

1. Big Cypress fox squirrel (Sciurus niger avicennia),

2. Everglades mink (Neovison vison evergladensis).

3. Sanibel rice rat (Oryzomys palustris sanibeli),

4. Sherman’s short-tailed shrew (Blarina shermani),

(h) Crustaceans:

1. Black Creek crayfish (Procambarus pictus),

2. Santa Fe 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, 7-1-83, 7-1-84, 7-1-85, Formerly 39-27.03, Amended 6-1-86, 5-10-87, 4-27-89, 9-14-93, 6-23-99, Formerly 39-27.003. Amended 12-16-03, 7-20-09, 11-8-10, 11-14-11, 8-23-12, 9-19-12, 6-10-15,__________.

 

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.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 8, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 12, 2016