The purpose of these proposed rule revisions is to implement species status changes found warranted by the Commission and to correct errors in the scientific and common names of species. The effect of this rule revision is a listing status for ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.: RULE TITLE:

68A-27.003 Florida Endangered and Threatened Species List; Prohibitions

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

PURPOSE AND EFFECT: The purpose of these proposed rule revisions is to implement species status changes found warranted by the Commission and to correct errors in the scientific and common names of species. The effect of this rule revision is a listing status for species as found warranted by the Commission and updates to scientific and common names of listed species.

SUMMARY: Commission staff convened Biological Review Groups to evaluate the status of 5 species of special concern in 2016 and 2017. Based on these evaluations, staff made listing status recommendations to the Commission which were approved in July 2017 and December 2017. The staff recommendation was that only one species warranted listing on Florida’s Endangered and Threatened Species List and that 5 species should be removed from the Species of Special Concern list. However, as specified by rule, any listing status changes were not to be implemented until a management plan for the species was approved. The Imperiled Species Management Plan (ISMP) covering these species was approved in 2016 and changes will be made to the ISMP and Species Action Plans to reflect the changes in status. This revision includes reclassifying one species from Species of Special Concern to State designated Threatened and reclassifying 5 species from Species of Special Concern to unlisted and removing them from the list. Additionally, there were changes to scientific names of 4 species and errors found with the common names of two species. Proposed revisions to the rule correct these errors.

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:

DATES AND TIMES: During the Commission’s regular meeting December 12-13, 8:30 a.m. to 5:00 p.m., each day.

PLACE: World Golf Village Renaissance Resort, 500 South Legacy Trail, St. Augustine, Florida 32092

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 (d) No Change

(e) Reptiles:

1. through 3. No change.

4. Bluetail mole skink (PlestiodonEumeces egregius lividus)(T),

5. Eastern indigo snake (Drymarchon corais couperi)(T),

6. Sand skink (Plestiodon Neoseps reynoldsi)(T).

(f) through (k) No change.

(2) State-designated Threatened species:

(a) through (d) No change.

(e) Reptiles:

1. Through 7. No change.

8. Short-tailed snake (Lampropeltis extenuate Stilosoma extenuatum),

9. Suwannee alligator snapping turtle (Marcochelys suwanniensis)

(f) Birds:

1. American oystercatcher (Haematopus palliatuspalliates),

2. through 16. No change.

(g) Mammals:

1. Big Cypress fox squirrel (Sciurus niger avicennia),

2. Everglades mink (Neovison vison evergladensis).

3. Sanibel Island rice rat (Oryzomys palustris sanibeli),

4. Sherman’s short-tailed shrew (Blarina shermani),

(h) Crustaceans:

1. Black Creek crayfish (Procambarus pictus),

2. Santa Fe cave crayfish (Procambarus erythrops).

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,_________.

 

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.)

(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, 11-5-17,__________.

 

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. 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: September 26, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 12, 2018