The purpose of this rule revision is to 1) prohibit take of diamond-backed terrapins 2) prohibit possession of diamond-backed terrapins without a permit 3) incorporate into rule by reference permit information and applicant ....

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-25.002General Provisions for Taking Possession and Sale of Reptiles

PURPOSE AND EFFECT: The purpose of this rule revision is to 1) prohibit take of diamond-backed terrapins 2) prohibit possession of diamond-backed terrapins without a permit 3) incorporate into rule by reference permit information and applicant guidance for permits allowing possession of diamond-backed terrapins. The effect of this rule revision is to prohibit the take of diamond-backed terrapins and prohibit possession without a permit.

SUMMARY: This rule currently allows the take of one diamond-backed terrapin per person per day, and allows the possession of no more than two diamond-backed terrapins per person. The revised rule will add language prohibiting take of diamond-backed terrapins, and remove language that allows for the possession of two diamond-backed terrapins per person without a permit. The revised rule will also add language clarifying that permits to possess diamond-backed terrapins may be issued for personal possession, exhibition and education, and scientific use, in accordance with the Diamond-backed Terrapin Application Guidance, which will be incorporated into the revised rule by reference with an effective date. At the December 17, 2020 meeting, the Commission reviewed and approved these rule changes for the diamond-backed terrapin and incorporation of applicant guidance for permits authorizing possession of the species. The intent of this rule revision is to incorporate this guidance into 68A-25.002 by reference and hyperlink.

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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: During the Commission’s regular meeting December 15th and 16th 2021. More information on how to attend will be available at http://myfwc.com/about/commission/commission-meetings

PLACE:

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: Claire Sunquist Blunden, Section Leader, Wildlife Diversity Conservation 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-25.002 General Provisions for Taking, Possession and Sale of Reptiles.

(1) through (5) No Change.

(6) Turtles.

(a) No Change.

1. No person shall take more than one turtle per day unless authorized by permit from the executive director as provided in rule 68A-9.002, F.A.C.

2. through 4. No Change

5. No person shall take, possess, transport, or sell any alligator snapping turtles (Macrochelys spp.).

6. No person shall take, possess, transport, or sell any diamond-backed terrapins (also referred to as diamondback terrapins, Malaclemys terrapin), except by permit. Permits may be issued for personal possession, exhibition and education, and scientific use. Permit issuance is in accordance with the Diamond-backed Terrapin Permit Application Guidance, effective March 1, 2022 and hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.

76. No softshell turtles (Apalone spp.) may be taken from the wild during the period May 1 to July 31.

87. No person shall possess more than two Escambia map turtles (Graptemys ernsti), two diamond-backed terrapins (Malaclemys terrapin), two box turtles (Terrapene carolina), or two loggerhead musk turtles (Sternotherus minor).

8. Renumber as 9.

(b) through (c) No Change.

(7) through (10) No Change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const, 379.303, 379.304, 379.3012, 379.3751, 379.372, 379.3761, 379.3762 FS. History–New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-25.02, Amended 6-1-86, 5-10-87, 10-8-87, 4-13-88, 2-14-89, 7-1-89, 7-1-90, 4-14-92, 4-1-96, 9-15-96, 4-12-98, 7-1-99, Formerly 39-25.002, Amended 4-30-00, 3-30-06, 5-18-06, 6-7-07, 10-23-08, 7-20-09, 8-19-14, 1-11-17, 5-7-19, 11-2-20, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Claire Sunquist Blunden, Section Leader, Wildlife Diversity Conservation 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: December 17, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 15, 2021