The purpose of this rulemaking is to update the incorporated link to the most recent version of the Commission-approved Gopher Tortoise Management Plan. The effect of this rule revision is to update the effective date, hyperlinks, ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-27.003Florida Endangered and Threatened Species List; Prohibitions

PURPOSE AND EFFECT: The purpose of this rulemaking is to update the incorporated link to the most recent version of the Commission-approved Gopher Tortoise Management Plan. The effect of this rule revision is to update the effective date, hyperlinks, and references to the Commission-approved Gopher Tortoise Management Plan.

SUMMARY: The proposed rule changes incorporate the Gopher Tortoise Management Plan in rule by reference. The Gopher Tortoise Management Plan outlines objectives, strategies and actions designed to improve the status of the species in Florida. The Plan guides conservation efforts for the gopher tortoises over a 10-year period from 2024 to 2034. At the December 11thth, 2024 meeting, the Commission reviewed and approved the updated management plan for the gopher tortoise. The intent of this rule revision is to update the link to the Commission-approved management plan by reference and provide 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 SCHEDULED AND ANNOUNCED IN THE FAR.

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: Claire Sunquist Blunden, Section Leader, Wildlife Diversity Conservation 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.

(1) No change

(2) State-designated Threatened species:

(a) through (e) No change.

(f) Reptiles:

1. through 4. No change.

5. 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 the Gopher Tortoise Management Plan effective December 2024 September 2012 herein incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx) (http://www.flrules.org/Gateway/reference.asp?No=Ref-12192). 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 goals and objectives of the Management Plan and the Gopher Tortoise Permitting Guidelines effective April 2023, herein incorporated by reference (http://www.flrules.org/Gateway/reference.asp?No=Ref-15273).

6. through 9. No change.

(g) through (i) No change.

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, 1-11-17, 6-2-17, 7-20-18, 12-23-18, 6-25-19, 2-17-20, 11-2-20, 2-9-21, 5-27-21, 9-4-22, 1-30-23, 5-24-23,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Claire Sunquist Blunden, Section Leader, Wildlife Diversity Conservation Section, 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:

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 18, 2024