The purpose of these proposed rule revisions is to incorporate the Commission-approved Gopher Tortoise Management Plan, the Commission-approved Gopher Tortoise Permitting Guidelines, and revised Commission-approved guidelines for the Florida pine ...

 

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 these proposed rule revisions is to incorporate the Commission-approved Gopher Tortoise Management Plan, the Commission-approved Gopher Tortoise Permitting Guidelines, and revised Commission-approved guidelines for the Florida pine snake; add the Gulf of Mexico Bryde’s whale to the Florida Endangered and Threatened Species list as federally endangered. The effect of this rule revision is to add hyperlinks and reference to the Gopher Tortoise Management Plan and two revised Commission-approved guidelines, and add the Gulf of Mexico Bryde’s whale to the Florida Endangered and Threatened Species list to maintain consistency among state and federal listing processes.

SUMMARY: As part of the approval of the Imperiled Species Management Plan in 2016, the Commission added language to rule 68A-27.003, F.A.C. about authorizing activities associated with take in Commission-approved guidelines. This rule currently lists guidelines that are Commission approved and provides hyperlinks to those documents. At the July 23, 2020 meeting, the Commission reviewed and approved guidelines for two species: Florida pine snake and gopher tortoise. The Commission also approved the incorporation of the Gopher Tortoise Management Plan into rule by reference. The intent of this rule revision is to incorporate the plan and guidelines into rule 68A-27.003, F.A.C., by reference and provide hyperlinks. Additionally, the Gulf of Mexico Brydes whale is being added to Florida’s Endangered and Threatened Species List. The National Oceanic and Atmospheric Administration, National Marine Fisheries Service listed the Gulf of Mexico Bryde’s whale as endangered under the Endangered Species Act by the on April 15, 2019. As described in rule 68A-27.0012, F.A.C., species native to Florida found to be threatened or endangered under the federal Endangered Species Act may be added to Florida’s Endangered and Threatened Species List without a separate state review. As species are added or removed from the federal Endangered and Threatened Species list, the state rule is updated to maintain consistency.

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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting October 7th and 8th, 9:00 a.m., each day

PLACE: Virtual meeting through communications media technology. More information on how to connect will be available at http://myfwc.com/about/commission/commission-meetings

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: 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-27.003 Florida Endangered and Threatened Species List; Prohibitions.

1) Federally-designated Endangered and Threatened species:

(a) through (f). No change.

(g) Mammals:

1. Anastasia Island beach mouse (Peromyscus polionotus phasma)(E),

2. Bryde's Whale (Balaenoptera edeni [unnamed subspecies])(E); Gulf of Mexico subspecies

2. through 17. Renumbered 3. through 18.

(h) through (k). 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 12. No change.

13. Florida pine snake, Pituophis melanoleucus mugitus, effective July 2020 February 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10408-xxxx);

14. through 25. No change.

(c) through (e). No change.

(f) Reptiles:

1. through 4. No change.

5. Gopher tortoise (Gopherus polyphemus). The gGopher tortoise shall be afforded the protective provisions specified in this subparagraph. No person shall take, attempt to take, pursue, hunt, harass, capture, possess, sell or transport any gopher tortoise or parts thereof or their eggs, or molest, damage, or destroy gopher tortoise burrows, except as authorized by Commission permit or when complying with the Gopher Tortoise Management Plan effective September 2012 herein incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx)Commission approved guidelines for specific actions which may impact gopher tortoises and their burrows. A gopher tortoise burrow is a tunnel with a cross-section that closely approximates the shape of a gopher tortoise. Permits will be issued based upon whether issuance would further management plan goals and objectives of the Management Plan and the Gopher Tortoise Permitting Guidelines effective July 2020, herein incorporated by reference (https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx).

6. through 9. No change.

(g) 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, _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Bradley J. Gruver

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 23, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 28, 2020