The purpose of this proposed rule amendment is to incorporate by reference the Commission-approved Species Conservation Measures and Permitting Guidelines for the American oystercatcher, least tern, snowy plover, and black ....

 

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 this proposed rule amendment is to incorporate by reference the Commission-approved Species Conservation Measures and Permitting Guidelines for the American oystercatcher, least tern, snowy plover, and black skimmer. The effect of the proposed rule amendment is to incorporate a reference in rule and add a link to the Commission-approved guidelines.

SUMMARY: At the December 2021 meeting, the Commission reviewed guidelines for the American oystercatcher, least tern, snowy plover, and black skimmer and approved the proposed rule. The intent of this rule revision is to incorporate the guidelines into Rule 68A-27.003, F.A.C. by reference and provide the hyperlink.

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 July 13 and 14, 2022, starting at 9:00 a.m. each day.

PLACE: UNF Adam W. Herbert University Center, 12000 Alumni Drive, Jacksonville, FL 32224

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.

68A-27.003 Florida Endangered and Threatened Species List; Prohibitions. 

(1) No Change.

(2) State-designated Threatened species:

(a) No Change.

(b) The following Species Conservation Measures and Permitting Guidelines from the Commission are hereby incorporated by reference and can be found online at the following links:

1 through 24: No Change.

25. Threatened beach-nesting birds (American oystercatcher, snowy plover, black skimmer, least tern,) Haematopus palliatus, Charadrius nivosus, Rynchops niger, and Sternula antillarum, effective December 2022 

(https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX);

25 through 26 Renumbered as 26 through 27.

(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, 6-25-19, 2-17-20, 11-2-20, 2-9-21, 5-27-21.                   .

 

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: December 15, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 27, 2021