The purpose of this proposed rule is to create a mammal chapter similar to existing chapters for birds (68A-16, F.A.C), reptiles (68A-25, F.A.C), and amphibians (68A-26, F.A.C.). The species included in this rule are included to continue to limit ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.: RULE TITLE:

68A-29.002: Regulations Relating to the Taking of Mammals

PURPOSE AND EFFECT: The purpose of this proposed rule is to create a mammal chapter similar to existing chapters for birds (68A-16, F.A.C), reptiles (68A-25, F.A.C), and amphibians (68A-26, F.A.C.). The species included in this rule are included to continue to limit take to prevent the need to be listed as an endangered or threatened species in the future or to reduce the risk that they will be taken, possessed, bred, or sold as part of the pet trade. The effect of this rule is to be more specific than language provided in rule 68A-4.001, F.A.C about which mammal species may not be taken, bought, sold, or possessed as pets and to provide clarity to law enforcement and the public about non-game mammal regulations.

SUMMARY: When the Commission delisted from the endangered or threatened species list four mammal species as part of the Imperiled species management plan, there were conflicts with other sections of chapter 68A as it relates to regulations for mammals. Captive Wildlife rule 68A-6.0022, F.A.C states that any squirrel, shrew, mouse, or chipmunk could be possessed as a personal pet without a permit unless otherwise regulated. Once the four species of mammals become delisted, they could be kept as personal pets and potentially put the species at risk for listing in the future. This mammal chapter outlines protections for mammal species being delisted or those that were recently delisted as part of the Imperiled Species Management Plan, species with similarity of appearance concerns, and possession limits for species that may be maintained as pets. The rule re-states language found in General prohibitions, rule 68A-4.001, F.A.C, and provides specific examples for law enforcement and the public about species that should not be taken, transported, stored, bought, sold, served, or possessed without a permit from FWC.

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:

DATES AND TIMES: During the Commission’s regular meeting December 12-13, 8:30 a.m. to 5:00 p.m., each day

PLACE: World Golf Village Renaissance Resort, 500 South Legacy Trail, St. Augustine, Florida 32092

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-29.002 Regulations Relating to the Taking of Mammals.

For mammals not listed in Chapter 68A-27, F.A.C. or not regulated under 68A-24, the following restrictions control the take as defined in 68A-1.004, F.A.C. of the mammals listed below:

(1) None of the following species or their young, homes, dens or nests shall be taken, transported, stored, served, bought, sold or possessed in any manner at any time unless specifically permitted except as authorized in Commission-approved guidelines or by permit from the executive director as provided in Rules 68A-9.002, 68A-9.006, or 68A-9.010, F.A.C., relating to the permitting of take of wildlife or freshwater fish for justifiable purposes, wildlife rehabilitation, or take of nuisance wildlife:

a. Florida mouse (Podomys floridanus),

b. Shrews (Cryptotis spp., Blarina spp., Sorex spp.),

c. Fox squirrels (Sciurus niger ssp.),

d. Bats (Corynorhinus spp., Myotis spp., Perimyotis spp., Eptesicus spp., Lasiurus spp., Nycticeius spp., Tadarida spp.),

e. American Mink (Neovison vison ssp.),

f. Santa Rosa beach mouse (Peromyscus polionotus leucocephalus),

g. Pine vole (Microtus pinetorum),

h. Long-tailed weasel (Mustela frenata ssp.),

i. Round-tailed muskrat (Neofiber alleni).

(2) No person shall buy, sell, or posess for sale any of the following mammals, except as authorized by 68A-9, F.A.C., nor shall any person possess more than one of Eastern chipmunk (Tamias striatus), Southeastern pocket gopher (Geomys pinetis), or Marsh rabbit (Sylvilagus palustris). No person shall buy, sell, or possess for sale, except as authorized by 68A-9, F.A.C., nor shall any person possess more than 3 Southern flying squirrels (Glaucomys volans) for personal use.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const, History–New ________.

 

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: September 26, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 16, 2018