The purpose and effect of this rule is to provide a presumption of compliance from incidental take of certain State Imperiled Species through the implementation of voluntary Florida Agriculture Wildlife Best Management Practices (WBMPs).  

  •  

    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Agricultural Water Policy

    RULE NO.: RULE TITLE:

    5M-18.001 Approved Florida Agriculture Wildlife Best Management Practices

    5M-18.002 Presumption of Compliance

    5M-18.003 Notice of Intent to Implement

    5M-18.004 Record Keeping

    PURPOSE AND EFFECT: The purpose and effect of this rule is to provide a presumption of compliance from incidental take of certain State Imperiled Species through the implementation of voluntary Florida Agriculture Wildlife Best Management Practices (WBMPs).

    SUMMARY: The rule adopts the Florida Agriculture Wildlife Best Management Practices manual (2015 Edition) by reference and establishes a procedure for applicants to submit a “Notice of Intent to Implement” for the specified WBMPs. When the Notice of Intent to Implement is filed with the Florida Department of Agriculture and Consumer Services (FDACS) and the Florida Fish and Wildlife Conservation Commission (FWC), and WBMPs are implemented, the landowner receives a presumption of compliance from incidental take of State Imperiled Species. This rule also provides that applicants must preserve sufficient documentation to confirm implementation of the WBMPs and that all implementation activities and documentation related to WBMPs are subject to the FDACS and FWC inspection.

    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 Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon past experiences with developing voluntary Best Management Practices based on generally accepted industry practices. Additionally, no interested party submitted additional information regarding the economic impact.

    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: 570.07(23), 570.94(2), F.S.

    LAW IMPLEMENTED: 570.94(2), F.S.

    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: Bill Bartnick, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street (MS E1), Tallahassee, Florida 32399. Telephone: (850)617-1705, FAX: (850)617-1701.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    5M-18.001 Approved Florida Agriculture Wildlife Best Management Practices.

    The document titled Florida Agriculture Wildlife Best Management Practices for State Imperiled Species (2015 Edition), FDACS-P-02029, is hereby incorporated and adopted by reference. Copies of the document may be obtained from the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 32399 or accessed online at: http://www.flrules.org/Gateway/reference.

    Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented 570.94 FS. History‒New_____.

     

    5M-18.002 Presumption of Compliance.

    To obtain the presumption of compliance authorized in paragraph 68A-27.007(2)(d), F.A.C., regarding incidental take of state imperiled species, the applicant must:

    (1) Submit a Notice of Intent to Implement (NOI), as provided in Rule 5M-18.003, F.A.C., that identifies the applicable Best Management Practices (BMPs);

    (2) Implement the BMPs applicable to those species identified by the applicant on the NOI checklist; and

    (3) Maintain documentation to verify the implementation and maintenance of the identified BMPs.

    Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented 570.94 FS. History‒New_____.

     

    5M-18.003 Notice of Intent to Implement.

    (1) A Notice of Intent to Implement (NOI) Florida Agriculture Wildlife Best Management Practices which is a part of the manual incorporated in Rule 5M-18.001, F.A.C., shall be submitted to the Florida Department of Agriculture and Consumer Services, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street, Tallahassee, Florida 32399; and to the Florida Fish and Wildlife Conservation Commission, Attn: Wildlife BMP Program, 620 South Meridian Street, Tallahassee, Florida 32399. The Notice of Intent to Implement Florida Agriculture Wildlife Best Management Practices (FDACS-01986, Rev. 2/15), hereby adopted and incorporated by reference, may be obtained from either agency or accessed online at: http://www.flrules.org/Gateway/reference.

    (2) The applicant shall identify on the NOI Checklist the State Imperiled Species and the Florida Agriculture Wildlife Best Management Practices to be implemented. The NOI is a one-time notification for each property or parcel and is not required for each and every individual activity undertaken by the applicant.

    Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented 570.94 FS. History‒New____.

     

    5M-18.004 Record Keeping.

    Applicants must keep records to document implementation and maintenance of the BMPs identified in the Notice of Intent to Implement incorporated in Rule 5M-18.003, F.A.C. All field activities and documentation related to BMP implementation are subject to Florida Department of Agriculture and Consumer Services and Florida Fish and Wildlife Conservation Commission inspection, upon request.

    Rulemaking Authority 570.07(23), 570.94 FS. Law Implemented 570.94 FS. History‒New____.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Richard J. Budell, Director, Office of Agricultural Water Policy

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 3, 2015

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 31, 2014

Document Information

Comments Open:
2/12/2015
Summary:
The rule adopts the Florida Agriculture Wildlife Best Management Practices manual (2015 Edition) by reference and establishes a procedure for applicants to submit a “Notice of Intent to Implement” for the specified WBMPs. When the Notice of Intent to Implement is filed with the Florida Department of Agriculture and Consumer Services (FDACS) and the Florida Fish and Wildlife Conservation Commission (FWC), and WBMPs are implemented, the landowner receives a presumption of compliance from ...
Purpose:
The purpose and effect of this rule is to provide a presumption of compliance from incidental take of certain State Imperiled Species through the implementation of voluntary Florida Agriculture Wildlife Best Management Practices (WBMPs).
Rulemaking Authority:
570.07(23), 570.94(2), F.S.
Law:
570.94(2), F.S.
Contact:
Bill Bartnick, Office of Agricultural Water Policy, Mayo Building, 407 South Calhoun Street (MS E1), Tallahassee, Florida 32399. Telephone: (850)617-1705, FAX: (850)617-1701.
Related Rules: (4)
5M-18.001. Approved Florida Agriculture Wildlife Best Management Practices
5M-18.002. Presumption of Compliance
5M-18.003. Notice of Intent to Implement
5M-18.004. Record Keeping