The purpose of this proposed revised rule is to remove the bald eagle from the state list of threatened species. This rule is based on the Commission’s two-phase listing process specified in Rule 68A-27.0012, F.A.C. A biological status report was ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO: RULE TITLE
68A-27.004: Designation of Threatened Species; Prohibitions; Permits
PURPOSE AND EFFECT: The purpose of this proposed revised rule is to remove the bald eagle from the state list of threatened species. This rule is based on the Commission’s two-phase listing process specified in Rule 68A-27.0012, F.A.C. A biological status report was presented to the Commission at their June 2006 meeting, where the Commission accepted the findings and recommendation that delisting the bald eagle was warranted. This completed phase one of the listing process. Phase two required development and Commission approval of a management plan before the bald eagle could be delisted. The bald eagle management plan will be presented to the Commission at the same time that this rule amendment removing the bald eagle from the threatened species list is considered at a final public hearing. The effect of this rule amendment will be to recognize the improved condition of this species while continuing to protect the species with a new rule and management plan.
SUMMARY: Rule 68A-27.004, F.A.C., is amended to delete the bald eagle from the threatened species list.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution, 372.121 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting, April 9-10, 2008, 8:30 a.m. – 5:00 p.m. each day
PLACE: Ramada Inn, 2900 North Monroe Street, Tallahassee, FL 32303
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: Mr. Tim Breault, Director, Division of Habitat and Species Conservation, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-27.004 Designation of Threatened Species; Prohibitions; Permits.

(1) The following species, listed prior to June 23, 1999, are hereby declared to be threatened, and shall be afforded the protective provisions specified.

(a) No person shall take, possess, transport, molest, harass or sell any of the threatened species included in this subsection or parts thereof or their nests or eggs except as authorized by specific permit from the Executive Director, permits being issued only for scientific or conservation purposes and only upon a showing by the applicant that the permitted activity will not have a negative impact on the survival potential of the species.

(a)1. Crystal darter (Crystallaria asprella).

(b)2. Key silverside (Menidia conchorum).

(c)3. Loggerhead seaturtle (Caretta caretta).

(d)4. Bluetail mole skink (Eumeces egregius lividus).

(e)5. Sand skink (Neoseps reynoldsi).

(f)6. Key ringneck snake (Diadophis punctatus acricus).

(g)7. Rim rock crowned snake (Tantilla oolitica).

(h)8. Short-tailed snake (Stilosoma extenuatum).

(i)9. Florida brown snake (Storeria dekayi victa) (lower keys population only).

(j)10. Florida ribbon snake (Thamnophis sauritus sackeni) (lower keys population only).

(k)11. Eastern Indigo snake (Drymarchon corais couperi)

(l)12. Atlantic salt marsh water snake (Nerodia clarkii taeniata).

13. Bald eagle (Haliaeetus leucocephalus).

(m)14. Southeastern American kestrel (Falco sparverius paulus).

(n)15. Crested caracara (Caracara cheriway).

(o)16. Florida sandhill crane (Grus canadensis pratensis)

(p)17. Roseate tern (Sterna dougalli).

(q)18. Least tern (Sterna antillarum).

(r)19. White-crowned pigeon (Columba leucocephala).

(s)20. Florida scrub jay (Aphelocoma coerulescens).

(t)21. Snowy plover (Charadrius alexandrinus).

(u)22. Piping plover (Charadrius melodus).

(v)23. Big Cypress fox squirrel (Sciurus niger avicennia).

(w)24. Florida black bear (Ursus americanus floridanus) (other than those found in Baker and Columbia counties or in Apalachicola National Forest or which are held in captivity under permit).

(x)25. Everglades mink (Mustela vison evergladensis)

(y)26. Southeastern beach mouse (Peromyscus polionotus niveiventris)

(2) No change.

Specific 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, 7-1-85, Formerly 39-27.04, Amended 6-1-86, 5-10-87, 4-27-89, 6-23-99, Formerly 39-27.004, Amended 9-29-03, 11-8-07,                   _________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Tim Breault, Division of Habitat and Species Conservation
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mr. Kenneth D. Haddad, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 12, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 7, 2007