The purpose and effect of this rule amendment is to revise the Florida Endangered and Threatened Species List to reflect Federal listing changes. The Atlantic sturgeon and Miami blue are added as endangered species to the Federal-designated ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION
Freshwater Fish and Wildlife

RULE NO.: RULE TITLE:
68A-27.003: Designation of Endangered Species; Prohibitions
68A-27.005: Designation of Species of Special Concern; Prohibitions; Permits

PURPOSE, EFFECT AND SUMMARY: The purpose and effect of this rule amendment is to revise the Florida Endangered and Threatened Species List to reflect Federal listing changes. The Atlantic sturgeon and Miami blue are added as endangered species to the Federal-designated Endangered and Threatened Species part of the Florida Endangered and Threatened Species List due to Federal action to list these species. The Okaloosa darter’s status on the Federal-designated Endangered and Threatened Species portion of Rule 68A-27.003, F.A.C., is revised from endangered to threatened due to Federal action to reclassify this species. The cassius blue butterfly, ceraunus blue butterfly, and nickerbean blue butterfly are added as threatened species due to similarity of appearance to the Miami blue butterfly due to Federal action to list these species.

RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.

THIS RULEMAKING IS UNDERTAKEN PURSUANT TO SECTION 120.54(6), FS. WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 14 DAYS OF THE DATE OF THIS NOTICE TO: Mr. Eric Sutton, Director, Division of Habitat and Species Conservation, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600.

SUBSTANTIALLY AFFECTED PERSONS MAY WITHIN 14 DAYS OF THE DATE OF THIS NOTICE, FILE AN OBJECTION TO THIS RULEMAKING WITH THE AGENCY. THE OBJECTION SHALL SPECIFY THE PORTIONS OF THE PROPOSED RULE TO WHICH THE PERSON OBJECTS AND THE SPECIFIC REASONS FOR THE OBJECTION.

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-27.003 Designation of Endangered Species; Prohibitions.

(1) Federally-designated Endangered and Threatened species:

(a) No person shall take, possess, or sell any of the endangered or threatened species included in this subsection, or parts thereof or their nests or eggs except as allowed by specific federal or state permit or authorization.

(b) The following Federally-designated Endangered and Threatened species shall be afforded the protection afforded under Commission rules and FS. and under the Federal Endangered Species Act, 16 U.S.C. § 1531 et seq. and its implementing regulations. Species classified as endangered are identified below by (E) and threatened as (T).

(c) Fish:

1. Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus)(E); South Atlantic distinct population segment (consistent with 77 Fed. Reg. 5914-5982),

2. Okaloosa darter (Etheostoma okaloosae)(T E) (consistent with 76 Fed. Reg. 18087-18103),

(d) through (h) No change.

(i) Insects:

1. American burying beetle (Nicrophorus americanus)(E),

2. Cassius blue butterfly (Leptotes cassius theonus)(T[S/A]), ceraunus blue butterfly (Hemiargus ceraunus antibubastus) (T[S/A]), and nickerbean blue butterfly (Cyclargus ammon)(T[S/A]) are listed due to similarity of appearance to Miami blue butterfly (consistent with 77 Fed. Reg. 20948-20986) and as such only the following prohibitions apply to these three species:

a. Incidental take, that is, take that results from, but is not a purpose of, carrying out an otherwise lawful activity will not apply to cassius blue butterfly, ceraunus blue butterfly, and nickerbean blue butterfly.

b. Collection of the cassius blue butterfly, ceraunus blue butterfly, and nickerbean blue butterfly is prohibited in coastal counties south of Interstate 4 and extending to the boundaries of the State of Florida at the endpoints of Interstate 4 at Tampa and Daytona Beach. Specifically, such activities are prohibited in the following counties: Brevard, Broward, Charlotte, Collier, De Soto, Hillsborough, Indian River, Lee, Manatee, Pinellas, Sarasota, St. Lucie, Martin, Miami-Dade, Monroe, Palm Beach, and Volusia.

3. Miami blue butterfly (Cyclargus thomasi bethunebakeri)(E) (consistent with 77 Fed. Reg. 20948-20986),

4.2. Schaus swallowtail butterfly (Heraclides aristodemus ponceanus)(E).

(j) No change.

(2) State-designated Threatened species:

(a) through (g) No change.

(h) Insects:

Miami blue butterfly (Cyclargus thomasi bethunebakeri). The Miami blue butterfly shall be afforded the protective provisions specified in this subsection. No person shall take, harm, harass, possess, sell, or transport any Miami blue butterfly or parts thereof or their eggs, larvae or pupae except as authorized by permit from the executive director. Permits will be issued based upon whether issuance would further management plan goals and objectives.

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,_________.

68A-27.005 Designation of Species of Special Concern; Prohibitions; Permits.

(1) No change.

(2) The following species are hereby declared to be of special concern, and shall be afforded the protective provisions specified.

(a) No person shall take, possess, transport, or sell any species of special concern included in this subsection or parts thereof or their nests or eggs except as authorized by permit from the executive director, permits being issued upon reasonable conclusion that the permitted activity will not be detrimental to the survival potential of the species. For purposes of this section, the definition of the word take in Rule 68A-1.004, F.A.C., applies.

(b) Fish:

1. Atlantic sturgeon (Acipenser oxyrinchus),

2. through 7. renumbered 1. through 6. No change.

(c) through (h) 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, 6-21-82, 7-1-84, 7-1-85, Formerly 39-27.05, Amended 6-1-86, 5-10-87, 4-27-89, 10-22-92, 5-26-94, 6-23-99, Formerly 39-27.005, Amended 2-27-01, 5-1-01, 9-29-03, 6-1-06, 11-8-07, 11-8-10,________.