The proposed rule change is for the purpose of maintaining consistency among state and federal lists of protected species. The effect is the addition of the eastern black rail to the Florida Endangered and Threatened Species ....

 

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 proposed rule change is for the purpose of maintaining consistency among state and federal lists of protected species. The effect is the addition of the eastern black rail to the Florida Endangered and Threatened Species List with a status of federally Threatened, and to reclassify the American burying beetle from federally Endangered to federally Threatened.

SUMMARY: Pursuant to 68A-27.0012, F.A.C., species listed under the federal Endangered Species Act shall also be listed on the Florida Endangered and Threatened Species list by virtue of their federal designation. In November 2020 the eastern black rail was federally listed as Threatened and the American burying beetle was reclassified from federally Endangered to federally Threatened. Adding the eastern black rail and the American burying beetle to the Florida Endangered and Threatened Species List will maintain consistency among state and federal rules pertaining to these species.

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-27.003 Florida Endangered and Threatened Species List; Prohibitions.

(1) Federally-designated Endangered and Threatened species:

(a) through (e) No change.

(f) Birds:

1. through 3. No change.

4. Eastern black rail (Laterallus jamaicensis jamaicensis)(T) (consistent with 85 Fed. Reg. 63764-63803),

4. through 15. Renumbered 5. Through 16.

(g) through (h) No change.

(i) Insects:

1. American burying beetle (Nicrophorus americanus)(TE), (consistent with 85 Fed. Reg. 65241-65261),

2. through 16. No change.

(k) No change.

(2) 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, 6-25-19, 2-17-20, 11-2-20, 2-9-21, ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Claire Sunquist Blunden

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 25, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 22, 2020