To incorporate changes to FDACS form revision dates and form numbers.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Plant Industry

RULE NO.:RULE TITLE:

5B-40.003Obtaining a Permit to Harvest Plants on the Endangered and Commercially Exploited Plant Lists

PURPOSE AND EFFECT: To incorporate changes to FDACS form revision dates and form numbers.

SUMMARY: The proposed rule is being developed due to changes made to incorporated material, FDACS-08051,

which will result in a new form number and revision dates.

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.

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: 570.07(23), 581.185(4) FS.

LAW IMPLEMENTED: 570.07(13), 581.185 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Greg Hodges; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5B-40.003 Obtaining a Permit to Harvest Plants on the Endangered and Commercially Exploited Plant Lists.

(1) Endangered plants.

(a) To willfully harvest, collect, pick, remove, injure, or destroy any plant listed as endangered growing on the private land of another, or on any public land or water, a person shall obtain the written permission of the owner of the land or water, or their legal representative.

(b) Any person desiring to harvest one or more plants, or parts thereof, of a species contained on the Endangered Plant List, designated in paragraph 5B-40.0055(1)(a), F.A.C., from the private land of another, or on any public land or water, shall file with the Division of Plant Industry a Request for Permit to Harvest Endangered or Commercially Exploited Plant(s) or Plant Part(s), FDACS-08025 08051, Revised 03/19 10/14, incorporated herein by reference, which may be obtained from the Division of Plant Industry, Bureau of Plant and Apiary Inspection, P.O. Box 147100, Gainesville, FL 32614-7100 or online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05661.

(c) Any person transporting for the purpose of sale, selling, or offering for sale, any plant contained on the Endangered Plant List, designated in paragraph 5B-40.0055(1)(a), F.A.C., which is harvested from such person’s own property shall file with the Division of Plant Industry a Request for Permit to Harvest Endangered or Commercially Exploited Plant(s) or Plant Part(s), FDACS- 08025 08051 Revised 03/19 10/14.

(d) A request for such a permit shall meet the following requirements:

1. A written request shall be filed at least 14 calendar days prior to the intended date of harvest.

2. The request shall include a legal description of the property where harvesting will occur. Also, written permission is required of the property owner when a person other than the owner wishes to collect or harvest.

3. Supply additional information upon request by the department to ensure the preservation of the species. (such as intended use, method of collection, reason for collection, and species population on property.)

(2) Commercially exploited plants.

(a) To willfully harvest, collect, pick, remove, injure, or destroy any plant listed as commercially exploited, in paragraph 5B-40.0055(1)(c), F.A.C., growing on the private land of another, or on any public land or water, a person shall obtain the written permission of the owner of the land or water or their legal representative.

(b) Any person desiring to harvest three or more plants or parts thereof of a species contained on the Commercially Exploited Plant List, designated in paragraph 5B-40.0055(1)(c), F.A.C., from the private land of another or on any public land or water shall file with the Division of Plant Industry a Request for Permit to Harvest Endangered or Commercially Exploited Plant(s) or Plant Part(s), FDACS- 08025 08051, Revised 03/19 10/14.

(c) Any person transporting for the purpose of sale, selling, or offering for sale, any plant contained on the commercially exploited plant list which is harvested from such person’s own property shall file with the Division of Plant Industry a Request for Permit to Harvest Endangered or Commercially Exploited Plant(s) or Plant Part(s), FDACS- 08025 08051, Revised 03/19 10/14.

(d) A request for such a permit shall meet the following requirements:

1. A written request shall be filed at least 14 days prior to the intended date of harvest.

2. The request shall include a legal description of the property where harvesting will occur. Also, written permission is required of the property owner when a person other than the owner wishes to collect or harvest.

3. Supply additional information upon request by the department to ensure the preservation of the species. (such as intended use, method of collection, reason for collection, and species population on property.)

(3) All requests for permits submitted in accordance with Rule 5B-40.003, F.A.C., shall be reviewed by the department within 14 days following receipt of the request.

(4) Permits issued for endangered or commercially exploited plants shall be valid for one year for those plants permitted and must be renewed annually by submitting a new application as provided in Rule 5B-40.003, F.A.C.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Trevor Smith, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Nicole Fried, Commissioner of Agriculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 7, 2019