The purpose of the proposed rulemaking action is to remove duplicative and superfluous language for clarification purposes, to allow people to scare a bear away with non-lethal methods without requiring a permit, and to add a provision that would ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-4.009Florida Black Bear Conservation

PURPOSE AND EFFECT: The purpose of the proposed rulemaking action is to remove duplicative and superfluous language for clarification purposes, to allow people to scare a bear away with non-lethal methods without requiring a permit, and to add a provision that would allow the agency to issue a permit for people to take a bear when it is damaging property and there are no reasonable options to prevent the damage.

SUMMARY: Rule action would remove duplicative language from subsection (1) that is already defined in Florida Administrative Code 68A-1.004. References to the specific subspecies of the Florida black bear (Ursus americanus floridanus) would be removed throughout the rule (including the title) to maintain consistency and avoid confusion as all other rules in the Florida Administrative Code refer to black bears, not the subspecies Florida black bear. Subsection (2)(b) would be removed, as first responders who have been trained by agency personnel on how to respond to bears no longer need a permit. A new subsection (2)(b) would be added that would allow intentional take permits to be issued for people experiencing property damage caused by bears. A new subsection (3) will allow members of the public to attempt to scare a bear away from people using non-lethal methods without a permit. Subsections were re-numbered to accommodate the changes accordingly.

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 information and analysis conducted to date.

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, Fla. Const.

LAW IMPLEMENTED: Art. IV, Sec. 9, Fla. Const.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: June 23, 2015, 8:30 a.m.; June 24, 2015, 8:30 a.m.; June 25, 2015, 8:30 a.m.

PLACE: Hyatt Regency Sarasota, 1000 Blvd. of the Arts, Sarasota, FL 34236

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: David Telesco, Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section, 620 South Meridian Street, Tallahassee, Florida 32399-1600

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68A-4.009 Florida Black Bear Conservation Rule.

(1) No person shall take, (as that term is defined in Rule 68A-1.004, F.A.C.), possess, injure, shoot, wound, trap, collect, or sell Florida black bears (Ursus americanus floridanus) or their parts or to attempt to engage in such conduct except as authorized by Commission rule or by permit from the Commission.

(2) The Commission will issue permits authorizing intentional take of bears when it determines such authorization furthers scientific or conservation purposes which will benefit the survival potential of the species or to reduce property damage caused by bears. For purposes of this rule, a scientific or conservation purpose shall mean activities that are eligible for a permit include: further the conservation or survival of the species, including

(a) Collection of scientific data needed for conservation or management of the species; and

(b) Removing bears from situations that constitute a human safety risk or a risk to the well being of the bear.; Taking bears that are causing property damage when no non-lethal options can provide practical resolution to the damage, and the Commission is unable to capture the bear.

(3) The Commission authorizes members of the public to take a bear in an attempt to scare a bear away from people using methods considered non-lethal. Staff shall authorize specific methods and situations that qualify for this authorization at http://MyFWC.com/bear/.

(4)(3) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV., Sec. 9, Fla. Const., 379.1025 FS. History–New 8-23-12,__________.

 

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: Mr. Thomas Eason, Director of the Division of Habitat and Species Conservation

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 15, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 13, 2015