The purpose of this proposed rule is to provide a presumption of compliance from incidental take of certain State Imperiled Species through the implementation of voluntary Florida Agriculture Wildlife Best Management Practices (WBMPs). The effect of ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Water Policy

RULE NOS.:RULE TITLES:

5M-18.001Approved Florida Agriculture Wildlife Best Management Practices

5M-18.002Presumption of Compliance

5M-18.003Notice of Intent to Implement

5M-18.004Record Keeping

PURPOSE AND EFFECT: The purpose of this proposed rule is to provide a presumption of compliance from incidental take of certain State Imperiled Species through the implementation of voluntary Florida Agriculture Wildlife Best Management Practices (WBMPs). The effect of the proposed rule is to establish a procedure for applicants submitting a “Notice of Intent to Implement” for the specified WBMPs. When the Notice of Intent to Implement is filed with the Florida Department of Agriculture and Consumer Services (FDACS) and the Florida Fish and Wildlife Conservation Commission (FWC), and WBMPs are implemented, the landowner receives a presumption of compliance from incidental take of State Imperiled Species. This proposed rule also provides that applicants must preserve sufficient documentation to confirm implementation of the WBMPs identified in the Notice of Intent to Implement. All implementation activities and documentation related to WBMPs are subject to the FDACS and FWC inspection.

SUBJECT AREA TO BE ADDRESSED: The subject area for this proposed rule development is the adoption of Florida Agriculture Wildlife Best Management Practices for State Imperiled Species.

RULEMAKING AUTHORITY: 570.07(23), 570.94(2) FS.

LAW IMPLEMENTED: 570.94(2) FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bill Bartnick, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street (MS E1), Tallahassee, Florida 32399, Telephone: [phone], FAX: [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.