The purpose of this rule revision is to make the rule consistent with the scientific nomenclature for alligator snapping turtles found in Florida. The effect is to provide Species of Special Concern status and its associated prohibitions and permit ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The purpose of this rule revision is to make the rule consistent with the scientific nomenclature for alligator snapping turtles found in Florida. The effect is to provide Species of Special Concern status and its associated prohibitions and permit requirements for all species of alligator snapping turtles found in Florida as this was the intent of the original listing.

SUMMARY: The alligator snapping turtle (Macrochelys temminckii) was listed as a Species of Special Concern in 1985. At that time, it was believed that all alligator snapping turtles in Florida were of this one species. Recent research has shown that the alligator snapping turtles in Florida are of three different species, with the scientific names M. apalachicolae, M. suwanniensis, and M. temminckii. Since the intent of the rule was to include all alligator snapping turtles in Florida, we are revising the scientific name for alligator snapping turtles in the rule to “Macrochelys spp.” to make the rule consistent with this recent change in scientific findings and resulting nomenclature. The revision clarifies that all species in the alligator snapping turtle genus Macrochelys are included in the rule.

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.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Brad Gruver, Section Leader, Species Conservation Planning 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-27.005 Designation of Species of Special Concern; Prohibitions; Permits.

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

(2) 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.

(a) Fish:

Harlequin darter (Etheostoma histrio)

(b) Reptiles:

Alligator snapping turtles (Macrochelys spp. temminckii)

(c) Birds:

Osprey (Pandion haliaetus); Monroe County population only

(d) Mammals:

1. Homosassa shrew (Sorex longirostris eonis),

2. Sherman’s fox squirrel (Sciurus niger shermani)

(e) Crustaceans:

Panama City crayfish (Procambarus econfinae),

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, 9-19-12, 1-11-17, __________.

 

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED.  IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Brad Gruver, Section Leader, Species Conservation Planning 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: July 10, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 11, 2017