FISH AND WILDLIFE CONSERVATION COMMISSION
RULE NO.:RULE TITLE:
68E-1.004General Permit Application Procedures, Requirements and Expiration
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 89, May 6, 2016 issue of the Florida Administrative Register.
A Notice of Change was published in Vol. 42 No 123, June 24, 2016 issue of the Florida Administrative Register.
68E-1.004 General Permit Application Procedures, Requirements and Expiration.
(1) No change.
(2) Permit Criteria: An individual, firm or corporation must be a properly accredited person in accordance with Section 379.2431(1)(c), F.S., must have specific experience with marine turtles and the proposed activity, and must meet the applicable criteria in this rule to be eligible to receive authorization from the Commission to undertake activities for research, conservation, or educational purposes that involve any of the prohibited actions listed in Sections 379.2431(1)(d)1. and 2., F.S. The Commission shall not issue permits to applicants unable to demonstrate a working knowledge of current marine turtle conservation practices, to applicants lacking specific experience in conducting the requested activities, to applicants who do not meet the applicable criteria in this Chapter, or if there is no demonstrated need for the project.
(a) through (c) No change.
(3) Processing: Applications submitted in accordance with (1) shall be reviewed and processed as follows:
(a) Upon receipt of a request to conduct activities with marine turtles, Commission staff shall examine the application and, within 30 days of receipt, notify the applicant of any apparent errors or omissions and request any additional information required in accordance with F.S. 379.2431(1), this Chapter and the Handbook. If the applicant does not respond to the Commission’s request for additional information after 60 days, the request shall may be denied without prejudice.
(b) through (c) No change.
(d) In addition to the requirements in the Handbook, all authorizations may include terms, conditions, and restrictions to minimize impacts to marine turtles, their nests, and hatchlings as deemed necessary by FWC staff.
(d)(e)The Commission shall approve or deny requests within 90 days of receipt of a complete application. The Commission shall not approve an application that does not contain sufficient information to determine that all requirements of F.S. 379.2431 (1), this Chapter, and the requirements in the Handbook have been met.
(4) Nesting Beach Surveys: Applicants requesting a Marine Turtle Permit for the first time to conduct nesting surveys as a permit holder shall meet the following additional criteria or employ or identify at least one qualified individual who is affiliated with the applicant and who meets these criteria. Applicants shall submit documented information a notarized statement detailing how each qualified individual meets the following requirements including dates and specific location(s) where experience was acquired.
(a) through (f) No change.
(g) Reporting: Standard reporting forms for nesting surveys and relocation of nests will be furnished by the Commission, and must be completed and submitted to the Commission annually to maintain the state permit. FWC Annual Index Nesting Beach Survey Form (Form A-1, (effective 04/16) and FWC Annual Report for the Statewide Nesting Beach Survey (FWC Form SNBS-1, effective 6/16) are is hereby incorporated by reference and are is available at [https://www.flrules.org/gateway/reference.asp?NO= Ref- ] and [https://www.flrules.org/gateway/reference.asp?NO= Ref- ].
(5) Nest Relocation: To qualify to relocate marine turtle nests, the applicant’s qualified individual shall have a minimum of twenty-five (25) hours of having successfully relocated marine turtle nests obtained within the past five (5) years. Applicants shall submit documented information a notarized statement detailing how the qualified individual meets this requirement including dates and specific location(s) where experience was acquired. Relocations shall be considered successful if the hatch and emergence success meets or exceeds the hatch and emergence success averaged by species statewide. As part of the application, the applicant shall provide complete up-to-date documentation of the qualified individual’s relocation experience for at least one nesting season, including (a) and (b) below. State and federal employees who are requesting a permit to relocate marine turtle nests on state or federal land are not required to meet this criterion.
(a) through (c) No change.
(6) through (10) No change.
(11) Scientific Research: To qualify to conduct research with marine turtles, parts thereof, or their nests, applicants must be an individual who must submit a research proposal as outlined in Section 6 of the Handbook, which shall be reviewed and processed as follows.
(a) No change.
(b) FWC staff shall process requests to conduct scientific research with marine turtles as follows:
1. Requests to amend modify an existing research project to include methods that are minimally invasive or have negligible impacts or that propose the addition of a technique other than lethal take that the individual is currently approved to utilize in other FWC-authorized research projects will not require external peer review.
2. No change.
(c) through (f) No change.
(12) Captive Facilities: To qualify to hold or to rehabilitate marine turtles for a conservation purpose or for education, applicants with ownership or control over property that maintains adequate equipment to safely hold and care for marine turtles for the purposes of the permitted activity and that meet the requirements of this Chapter and Section 4 of the Handbook must do the following:
(a) Applicants requesting a permit to hold marine turtles for rehabilitation or education for the first time shall identify a principal officer and provide documentation of at least one qualified individual who will be responsible for the care and treatment of marine turtles in accordance with subsection (2) (b) above. The following documentation of experience shall be submitted to the Commission and be subject to approval upon initial application and upon each instance of an application for amendment to change the qualified individual.
1. through 4. No change.
(b) through (d) No change.
(e) All facilities holding live marine turtles shall complete the monthly reporting forms supplied by the Commission and submit them quarterly. Report forms require information on the status of captive marine turtles, acquisitions, deaths, releases and water quality and may be modified periodically. Failure to provide timely reports shall be grounds for the Commission to revoke current permits and to deny future applications for authorization. The Marine Turtle Holding Facility Quarterly Report (FWC Form CAP-1, effective 4/16) is hereby incorporated by reference and is available at https://www.flrules.org/gateway/reference.asp?NO= Ref-, or by contacting MTP@MyFWC.com.
(f) through (i) No change.
(13) No change.
(14) Marine Turtle Conservation Handbook: The Commission Marine Turtle Conservation Handbook (effective 06/16 ) related to nesting surveys, nest relocation, release, and other management or conservation activities is hereby incorporated by reference and is available at the address listed in subsection (1) above and online at [https://www.flrules.org/gateway/reference.asp?NO= Ref- ].
(a) No change.
(b) The following forms, instructions and protocols are included in the Handbook and are hereby incorporated by reference.
1. Nourishment Monitoring Spreadsheet (FWC Form Nourish-1, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
2. FWC Statewide Nesting Beach Survey Instructions (effective 6/16) are available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
3. FWC Fish and Wildlife Research Institute Statewide Nesting Beach Survey (SNBS) Protocol (effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- ,
4. FWC Fish and Wildlife Research Institute Index Nesting Beach Survey (INBS) Protocol (effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
5. Rare Species Documentation Protocol (effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
6. Tips and Tricks for Using a GPS Unit to Record Locations (effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
7. Nest Productivity Assessment Spreadsheet (FWC Form NPA-1, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
8. Nest Productivity Assessment Protocol (effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
9. FWC Marine Turtle Disorientation Report (FWC Form Dis-1, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
10. Disorientation Form Instructions (effective 6/16) are available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
11. FWC Marine Turtle Obstructed Nesting Attempt Report Form (FWC Form ONA-1, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
12. FWC Obstructed Nesting Attempt Instructions (effective 6/16) are available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
13. Sea Turtle Stranding and Salvage Network Stranding Report (FWC Form STSSN-1, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
14. Fibropapilloma Documentation Form (FWC Form STSSN-2, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
15. Protocol for Responding to Cold-Stunning Events (effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
16. Cold Stun Event Turtle Data Form (FWC Form STSSN-3, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
17. Sea Turtle Stranding and Salvage Network Gross Necropsy Report (FWC Form STSSN-4, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
18. FWC Cooperative Marine Turtle Tagging Program (CMTTP) Tagging Data Form (FWC Form TAG-1, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
19. FWC Marine Turtle Holding Facility Quarterly Report (FWC Form CAP-1, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
20. Marine Turtle Transfer Form (FWC Form CAP-2, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO=Ref- Ref- .
21. Educational Presentations Using Live Turtles Reporting Form (FWC Form E-1, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
22. Checklist for Pre-emergent Hatchling Collection (FWC Form Res-1, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
23. FWC Marine Turtle Annual Research Reporting Form (FWC Form Res-2, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
24. FWC Public Turtle Watch Schedule (FWC Form E-2, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
25. FWC Public Turtle Watch Summary (FWC Form E-3, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
26. FWC Nighttime Public Hatchling Release Form (FWC Form E-4, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
27. FWC Public Hatch Success Evaluation Form (FWC Form E-5, effective 6/16) is available at https://www.flrules.org/gateway/reference.asp?NO= Ref- .
(c) The failure of the permit holder, principal officer, qualified individual or any authorized personnel listed on the permit to follow the requirements included in the Handbook or this Chapter shall be considered as provided in grounds for the Commission to revoke any current permit or to deny future applications for authorization subject to subsection Rule 68-1.010, F.A.C. regarding revocation or suspension of current permits or denial of applications.
(d)(c) The permit holder, principal officer, and lead qualified individual are responsible for transmitting the Handbook to all authorized personnel listed on the permit. Failure to properly distribute the Handbook and to supervise the activities of authorized personnel listed on the permit shall be considered as provided in grounds for the Commission to revoke current permits and to deny future applications for authorization Rule 68-1.010, F.A.C. regarding revocation or suspension of current permits or denial of applications.
(15) No change.
(16) Permit Duration: Permits shall be valid for one to two years as follows:
(a) Existing permit holders who have met all reporting deadlines and who are in compliance with all requirements in their permits, this Chapter, and the Handbook, if approved, shall may be approved for two (2) years.
(b) through (c) No change.
(17) No change.
(18) Authorized personnel: The Commission shall allow up to twenty-four authorized personnel to conduct the marine turtle conservation work under the supervision and request of the permit holder or lead qualified individual. The permit shall not exceed twenty-six listed names.
(a) The Commission shall allow additional personnel under a consent permit in accordance with 68E-1.0041 (3) when requested by the permit holder provided these individuals are not directly involved in data collection, nesting surveys, or in direct contact with a marine turtle, nest, or hatchlings unless specifically approved by Commission staff. The request must list each additional individual, their address and phone number, specify the activity in which they will participate, and describe the training provided for that activity.
(b) No change.
(19) No change.
