The purpose of this proposed rule is to provide a presumption of compliance from incidental take of state imperiled species through the implementation of voluntary Florida Forestry Wildlife Best Management Practices (WBMPs). The effect of the ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Florida Forest Service

RULE NOS.:RULE TITLES:

5I-8.001Approved Florida Forestry Wildlife Best Management Practices

5I-8.002Presumption of Compliance

5I-8.003Notice of Intent to Implement

5I-8.004Record Keeping

PURPOSE AND EFFECT: The purpose of this proposed rule is to provide a presumption of compliance from incidental take of state imperiled species through the implementation of voluntary Florida Forestry Wildlife Best Management Practices (WBMPs). The effect of the proposed rule is to establish a procedure for applicants submitting a “Notice of Intent to Implement” Florida Forestry WBMPs. When the Notice of Intent to implement Florida Forestry WBMPs is filed with the Florida Department of Agriculture and Consumer Services, Florida Forest Service (FFS), and the Florida Fish and Wildlife Conservation Commission (FFWCC), and the Florida Forestry WBMPs are implemented, the landowner has a presumption of compliance from incidental take of state imperiled species. This proposed rule also provides that when Florida Forestry WBMPs are not physically observable in the field, participants must preserve sufficient documentation to confirm implementation of the Florida Forestry WBMPs identified in the Notice of Intent to Implement. All field activities and documentation related to Florida Forestry WBMP implementation are subject to Florida Forest Service and Florida Fish and Wildlife Conservation Commission inspection.

SUMMARY: The proposed rule establishes a procedure for submitting a “Notice of Intent to Implement” Florida Forestry WBMPs for state imperiled species, that, when the Notice of Intent is filed with the Florida Department of Agriculture and Consumer Services, Florida Forest Service (FFS), and the Florida Fish and Wildlife Conservation Commission, and when WBMPs are implemented, provides a presumption of compliance from incidental take of state imperiled species through the implementation of voluntary Florida Forestry Wildlife Best Management Practices.

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: No fees will be incurred by using this process, and the Florida Forestry WBMP program is strictly voluntary.

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), 570.087(2) FS.

LAW IMPLEMENTED: 570.087(2) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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 7 days before the workshop/meeting by contacting: Jeffery L. Vowell, Florida Forest Service, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, Telephone: [phone], FAX: [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: Jeffery L. Vowell, Florida Forest Service, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, Telephone: [phone], FAX: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CHAPTER 5I-8

FLORIDA FORESTRY WILDLIFE BEST MANAGEMENT PRACTICES

FOR STATE IMPERILED SPECIES

 

5I-8.001 Approved Florida Forestry Wildlife Best Management Practices.

The document titled Florida Forestry Wildlife Best Management Practices for State Imperiled Species, FDACS- 01869, Rev. 1/16/14, is hereby incorporated and adopted by reference in this rule. Copies of the document may be obtained from the Department of Agriculture and Consumer Services, Florida Forest Service, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, [phone] or Fax [phone] or by visiting: http://www.dos.state.fl.us/

Rulemaking Authority 570.07(23), 570.087(2) FS. Law Implemented 570.087(2) FS. History–New________.

 

5I-8.002 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 completed Notice of Intent to Implement Florida Forestry Wildlife Best Management Practices, FDACS-11319, Rev. 01/14, which is incorporated in Rule 5I-8.003, F.A.C.

(2) Implement the voluntary Florida Forestry Wildlife Best Management Practices as listed in the Notice of Intent to Implement Florida Forestry Wildlife Best Management Practices FDACS-11319, Rev. 01/14, which is incorporated in Rule 5I-8003, F.A.C.

(3) Maintain documentation to verify the implementation of Florida Forestry Wildlife Best Management Practices for State Imperiled Species, FDACS-01869, Rev. 1/16/14, as identified in the Notice of Intent to Implement Florida Forestry Wildlife Best Management Practices, FDACS-11319, Rev. 01/14.

Rulemaking Authority 570.07(23), 570.087(2) FS. Law Implemented 570.087(2) FS. History–New________.

 

5I-8.003 Notice of Intent to Implement.

(1) The form entitled Notice of Intent to Implement Florida Forestry Wildlife Best Management Practices, FDACS-11319, Rev. 01/14, shall be submitted to the Florida Forest Service, Attn: Florida Forestry Wildlife BMP Program, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, [phone] or FAX [phone] or email at [e-mail] and to the Florida Fish and Wildlife Conservation Commission, Attn: Wildlife BMP Program, 620 South Meridian Street, Tallahassee, Florida 32399-1600, [phone]. The applicant shall identify the state imperiled species and the Florida Forestry Wildlife Best Management Practices the applicant intends to implement.  This notice is a one-time notification for each property or parcel and is not required for each and every individual activity undertaken by the applicant.

(2) The Notice of Intent to Implement Florida Forestry Best Management Practices, FDACS-11319, Rev. 01/14, is hereby adopted and incorporated by reference and can be obtained at http://www.dos.state.fl.us/

Rulemaking Authority 570.07(23), 570.087(2) FS. Law Implemented 570.087(2) FS. History–New________.

 

5I-8.004 Record Keeping.

Where Florida Forestry Wildlife Best Management Practices (WBMPs) implementation is not physically observable in the field, participants must preserve sufficient documentation to confirm implementation of the Florida Forestry WBMPs identified in the Notice of Intent to Implement Florida Forestry Best Management Practices, FDACS-11319, Rev. 01/14, as incorporated in Rule 5I-8.003, F.A.C., that the applicant submitted to the Florida Forest Service and Florida Fish and Wildlife Conservation Commission. All field activities and documentation related to Florida Forestry WBMP implementation is subject to Florida Department of Agriculture and Consumer Services, Florida Forest Service and Florida Fish and Wildlife Conservation Commission inspection, upon demand.

Rulemaking Authority 570.07(23), 570.087(2) FS. Law Implemented 570.087(2) FS. History–New________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: James R. Karels, Director, Florida Forest Service

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 01, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 6, 2014