The purpose of these proposed rule revisions is to incorporate FWC Commission approved guidelines into rule by reference and provide hyperlinks to the most recent versions. The effect of this rule revision is to provide clear hyperlinks to improve ...

 

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 these proposed rule revisions is to incorporate FWC Commission approved guidelines into rule by reference and provide hyperlinks to the most recent versions. The effect of this rule revision is to provide clear hyperlinks to improve transparency about when Species Conservation Measures and Permitting Guidelines are approved by the Commission.

SUMMARY: As part of the approval of the Imperiled Species Management Plan in 2016, the Commission added language to 68A-27.003 about authorizing activities in Commission-approved guidelines. The Commission also approved Species Conservation Measures and Permitting Guidelines (Guidelines) for the Florida sandhill crane, Everglades mink, Florida Keys mole skink, Key ringneck snake, Rim rock crowned snake, and White crowned pigeon in November of 2016. The Commission approved Guidelines for the Blackmouth shiner, Barbour’s map turtle, Black creek crayfish, Santa Fe cave crayfish, Big cypress fox squirrel, Florida pine snake, and Florida burrowing owl in February of 2018. Finally, the Commission approved Guidelines for the Florida bog frog, Georgia Blind salamander, Crystal darter, Southern tessellated darter, Sherman’s short-tailed shrew, and four Threatened wading birds: the little blue heron, tricolored heron, reddish egret, and roseate spoonbill in December of 2018. All these Commission-approved guidelines clarify activities that do not require a permit and provide information about how FWC issues permits. To authorize activities that are exempt from permitting and to clarify which guidelines are Commission approved, staff have proposed adding language and hyperlinks to make this document accessible to the public electronically.

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

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting May 1-2, 2019, 8:30 a.m. to 5:00 p.m., each day.

PLACE: Florida Public Safety Institute Conference Center, 85 Academy Drive, Havana, FL 32333.

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-27.003 Florida Endangered and Threatened Species List; Prohibitions.

(1) No change.

(2) State-designated Threatened species:

(a) No person shall take, possess, or sell any threatened species included in this subsection or parts thereof or their nests or eggs except as authorized by Commission rule or by permit from the Commission or when such conduct is authorized in a management plan as defined in this chapter and approved by the Commission, or as authorized in Commission-approved guidelines.

(b) The following Species Conservation Measures and Permitting Guidelines are incorporated to the rule by reference on EFFECTIVE DATE and can be found online at:  Alligator snapping turtles (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Barbour’s map turtle (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Black creek crayfish (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX)  Blackmouth shiner (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX),  Big cypress fox squirrel (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Crystal darter (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Everglades mink (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Florida bog frog (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX) Florida brown snake (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Florida burrowing owl (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Florida Keys Mole skink (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Florida pine snake (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Florida sandhill crane (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Georgia blind salamander (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Key ringneck snake (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Rim rock crowned snake (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Santa Fe cave crayfish (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Saltmarsh topminnow (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Sherman’s short-tailed shrew (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Southern tessellated darter (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), Threatened wading birds (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX), White-crowned pigeon (https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX).

(b) through (h) renumbered (c) 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,__________.

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED.  IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

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: February 20, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 31, 2018