The purpose of this rule revision is to designate and declare the Florida reef gecko (Sphaerodactylus notatus) as a candidate species. The effect of the rule will prohibit intentional take of the Florida reef gecko except ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-27.0021Designation of Candidate Species; Prohibitions; Permits

PURPOSE AND EFFECT: The purpose of this rule revision is to designate and declare the Florida reef gecko (Sphaerodactylus notatus) as a candidate species. The effect of the rule will prohibit intentional take of the Florida reef gecko except as authorized by specific permit from the Executive Director while the species continues through the formal listing process as outlined in Rule 68A-27.0012, F.A.C., Procedures for Listing and Removing Species from Florida’s Endangered and Threatened Species List.

SUMMARY: The proposed rule is an intermediate step in the state listing process for the Florida reef gecko. In 2021, the FWC received a request to evaluate the Florida reef gecko for listing as State-designated Threatened and the Commission approved a Biological Review Group to evaluate the status of the species. Based on this evaluation, staff made a listing status recommendation to the Commissioners during their May 2024 meeting. Commissioners agreed that the species warranted listing as State-designated Threatened and approved incorporating the Florida reef gecko into Rule 68A027.001, F.A.C. as a candidate species. This proposed rule is the outcome of that listing recommendation and will allow staff to continue with the listing process. Once added to the list of candidate species, staff will draft a management plan and Species Conservation Measures and Permitting Guidelines, and return to the Commissioners for approval, which will then complete the listing process and add the Florida reef gecko to the Florida Endangered and Threatened Species List.

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 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.

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-27.0021 Designation of Candidate Species; Prohibitions; Permits.

(1) The species in subsection (3), are hereby declared to be candidate species for inclusion in Rule 68A-27.003, F.A.C.

(2) No person shall intentionally take any candidate species except as authorized by specific permit from the Executive Director.

(3) The following species are hereby declared to be candidate species: Reptiles: Florida reef gecko (Sphaerodactylus notatus notatus) none.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IB, Sec 9, Fla. Const. History–New 6-23-99, Formerly, 39-27.0021, 4-30-00, 5-1-01, 11-8-10, 7-21-21, 1-30-23, ________.

 

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: May 1, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 9, 2024