The Southwest Florida Water Management District (District) proposes to amend the definition of listed species in its rules governing the issuance of environmental resource permits (ERP) to update the rule references concerning listed wildlife and ...

WATER MANAGEMENT DISTRICTS
Southwest Florida Water Management District

RULE NO: RULE TITLE
40D-4.091: Publications and Agreements Incorporated by Reference
PURPOSE AND EFFECT: The Southwest Florida Water Management District (District) proposes to amend the definition of listed species in its rules governing the issuance of environmental resource permits (ERP) to update the rule references concerning listed wildlife and plant species, and to specifically reference the bald eagle, which is protected under a federal statute known as the Bald and Golden Eagle Protection Act. Under the District’s existing rules, the bald eagle is included in the definition of listed species by reference to a previous Florida Fish and Wildlife Conservation Commission (FWC) rule identifying threatened species. However, the FWC has recently amended its rules, effective May 15, 2008, such that the bald eagle is no longer classified as a threatened species by the FWC. Specifically, the District proposes to amend the definition of listed species in Section 1.7.23 of the Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications with the Southwest Florida Water Management District (BOR). Appendix 5 of the BOR will also be amended to include the bald eagle under a new category (other) and remove it from the category of threatened species. If these amendments are adopted, the protections afforded by the District’s rules to wildlife species that are now classified as endangered, threatened or species of special concern would continue to be afforded the bald eagle.
SUBJECT AREA TO BE ADDRESSED: The proposed rules amend the definition of listed species in Section 1.7.23 of the Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District (BOR). The proposed rules will remove the bald eagle from the category of threatened species in Appendix 5 of the BOR and include it under a new category.
SPECIFIC AUTHORITY: 373.044, 373.046, 373.113, 373.171, 373.414 FS.
LAW IMPLEMENTED: 373.0361, 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: H. Clark Hull, Jr., Environmental Resource Permitting Director, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, Florida 34604-6899, [phone] or 1(800)423-1476. Email [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40D-4.091 Publications and Agreements Incorporated by Reference.

The following documents are hereby incorporated into this chapter and Chapters 40D-40 and 40D-400, F.A.C.:

(1) Environmental Resource Permitting Information Manual Part B, Basis of Review, Environmental Resource Permit Applications within the Southwest Florida Water Management District, ______ May 20, 2008.  This document is available from the District upon request.

(2) through (5) No change.

Specific Authority 373.044, 373.046, 373.113, 373.171, 373.414 FS. Law Implemented 373.0361, 373.114, 373.171, 373.403, 373.413, 373.4135, 373.4136, 373.414, 373.4144, 373.416, 373.429, 373.441 FS. History–New 4-2-87, Amended 3-1-88, 9-11-88, 10-1-88, 4-1-91, 11-16-92, 1-30-94, 10-3-95, 12-26-95, 5-26-96, 7-23-96, 4-17-97, 4-12-98, 7-2-98, 12-3-98, 7-28-99, 8-3-00, 9-20-00, 6-12-01, 10-11-01, 2-27-02, 7-29-02, 3-26-03, 7-22-03, 8-3-03, 3-11-04, 6-7-04, 2-1-05, 6-30-05, 10-19-05, 2-8-06, 5-2-06, 7-1-07, 9-25-07(1), 9-25-07(4), 11-26-07, 5-12-08, 5-20-08, 6-22-08,__________.

 

ENVIRONMENTAL RESOURCE PERMITTING INFORMATION MANUAL

PART B, BASIS OF REVIEW

CHAPTER ONE – INTRODUCTION

1.7          EXPLANATION OF TERMS

1.7.1 – 1.7.22 No change.

1.7.23 “Listed Species” – Those animal species which are endangered, threatened or of special concern and are listed in Rules 68A-27.003 (as amended December 13, 2003), 68A-27.004 (as amended May 15, 2008), and 68A-27.005 (as amended November 8, 2007) 39-27.003, 39-27.004, and 39-27.005, F.A.C.;, the Bald Eagle (Haliaeetus leucocephalus), which is protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d); and those plant species listed in 50 Code of Federal Regulation 17.12 (as amended August 28, 2007), when such plants are found to be located in a wetland or other surface water.

1.7.24 – 1.7.41 No change.

APPENDIX FIVE

LISTED WILDLIFE SPECIES THAT ARE AQUATIC OR WETLAND DEPENDENT AND THAT USE UPLAND HABITATS FOR NESTING OR DENNING

Fishes

No change.

Reptiles

No change.

Birds

Endangered

No change.

Threatened

Charadrius alexandrinus tenuirostris (southeastern snowy plover)

Charadrius melodus (piping plover)

Columba leucocephalus (white-crowned pigeon)

Grus canadensis pratensis (Floria sandhill crane)

Haliaeetus leucocephala (bald eagle)

Picoides borealis (red-cockaded woodpecker) ONLY IN LEE, COLLIER AND CHARLOTTE COUNTIES.

Sterna antillarum (least tern)

Sterna dougallii (roseate tern)

Polyborus plancus audubonii (Audubon's crested caracara)

Species of Special Concern

No change.

Other

Haliaeetus leucocephalus (bald eagle)

Mammals

No change.