The purpose of this rule revision is to align the scientific names in the Florida Administrative Code (F.A.C.) with recent taxonomic changes for box turtles (genus Terrapene). The effect of the rule amendment is to improve ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-25.002General Provisions for Taking Possession and Sale of Reptiles

PURPOSE AND EFFECT: The purpose of this rule revision is to align the scientific names in the Florida Administrative Code (F.A.C.) with recent taxonomic changes for box turtles (genus Terrapene). The effect of the rule amendment is to improve taxonomic accuracy related to box turtles.

SUMMARY: The advancement of molecular techniques in genetic research has led to better understanding of the relationships between species and subspecies within taxonomic groups, leading to revisions in scientific names. The Florida box turtle (Terrapene bauri) was previously considered a subspecies of the eastern box turtle (Terrapene carolina) but is now widely accepted as a separate species by scientists and biological authorities, while other subspecies of box turtles also native to Florida are still under evaluation. Revising the rule to reflect the accepted taxonomic change of T. bauri as a separate species and identifying in rule the remaining subspecies will maintain current protections and provide clarity for both stakeholders and staff regarding possession limits for box turtles. In addition to updating the taxonomy of box turtles in Florida, the revised rule will provide language inclusive of hybrids and future taxonomic revisions, with no change to the regulations for these species. At the March 2, 2022, meeting, the Commission reviewed and approved these rule changes.

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-25.002 General Provisions for Taking, Possession and Sale of Reptiles.

(1) through (5): No Change.

(6) Turtles.

(a): No Change.

1. No person shall take more than one turtle per day unless authorized by permit from the executive director as provided in rule 68A-9.002, F.A.C., or as provided below.

2. through 7. No Change

8. No person shall possess more than two Escambia map turtles (Graptemys ernsti), two box turtles of Florida native species (Terrapene carolina) (Florida box turtles [Terrapene bauri]; eastern, Gulf Coast, and three-toed box turtles [Terrapene carolina subsp.]; their taxonomic successors; or hybrids thereof), or two loggerhead musk turtles (Sternotherus minor).

9. No Change.

(b) through (c): No Change.

(7) through (10): No Change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const, 379.303, 379.304, 379.3012, 379.3751, 379.372, 379.3761, 379.3762 FS. History–New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-25.02, Amended 6-1-86, 5-10-87, 10-8-87, 4-13-88, 2-14-89, 7-1-89, 7-1-90, 4-14-92, 4-1-96, 9-15-96, 4-12-98, 7-1-99, Formerly 39-25.002, Amended 4-30-00, 3-30-06, 5-18-06, 6-7-07, 10-23-08, 7-20-09, 8-19-14, 1-11-17, 5-7-19, 11-2-20, 2-7-22, __________.

 

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: March 2, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 21, 2022