The St. Johns River Water Management District (District) proposes to amend the definition of listed species in its rules governing the issuance of environmental resource permits (ERP) to update the rule and statutory references concerning listed ...

WATER MANAGEMENT DISTRICTS
St. Johns River Water Management District

RULE NO: RULE TITLE
40C-4.021: Definitions
40C-4.091: Publications Incorporated by Reference
PURPOSE AND EFFECT: The St. Johns River Water Management District (District) proposes to amend the definition of listed species in its rules governing the issuance of environmental resource permits (ERP) to update the rule and statutory references concerning listed wildlife and plant species, and to specifically reference the bald eagle, which is protected under a federal statute known as the Bald and Golden Eagle Protection Act. Under the District’s existing rules, the bald eagle is included in the definition of listed species by reference to a previous Florida Fish and Wildlife Conservation Commision (FWC) rule identifying threatened species; however, the FWC has recently amended its rules such that the bald eagle is no longer classified as a threatened species by the FWC. Specifically, the District proposes to amend the definition of listed species in subsection 40C-4.021(20), F.A.C., and in Section 2.0 Applicant’s Handbook: Management and Storage of Surface Waters. Table 12.2.7-1 in the Applicant’s Handbook would also be amended to include the bald eagle under a new category (other) and remove it from the category of threatened species. If these amendments are adopted, the protections afforded by the District’s rules to wildlife species that are now classified as endangered, threatened or species of special concern would continue to be afforded the bald eagle which is no longer classified by FWC as a threatened species, effective May 15, 2008.
SUBJECT AREA TO BE ADDRESSED: The proposed rules amend the definition of listed species in subsection 40C-4.021(20), F.A.C., and in Section 2.0 Applicant’s Handbook: Management and Storage of Surface Waters and update rule references in Section 12.2.7. of the Applicant’s Handbook. The proposed rules would remove the bald eagle from the category of threatened species in Table 12.2.7.-1 of the Applicant’s Handbook and include it under a new category.
SPECIFIC AUTHORITY: 373.044, 373.113, 373.414, 373.418 FS.
LAW IMPLEMENTED: 373.016(2), 373.413, 373.414, 373.416, 373.418, 373.426 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
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: Sandy Bertram, Assistant District Clerk, [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Norma Messer, Rules Coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid Street, Palatka, Florida 32177-2529, [phone], email [e-mail]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

40C-4.021 Definitions.

When appearing in this chapter or in Chapter 40C-40, 40C-41, 40C-42, 40C-44, or 40C-400, F.A.C., the following words shall mean:

(1) through (19) No change.

(20) “Listed species” means those animal species which are endangered, threatened or of special concern and are listed in Rules 68A-27.003 (as amended December 13, 2003), 68A-27.004 (as amended May 15, 2008), and 68A-27.005 (as amended November 8, 2007) 39.-7.003, 39-27.004, and 39-27.005, F.A.C.;, the bald eagle (Haliaeetus leucocephalus), which is protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d); and those plant species listed in 50 Code of Federal Regulation 17.12 (as amended April 8, 2004), when such plants are found to be located in a wetland or other surface water.

(21) through (32) No change.

Specific Authority 373.044, 373.113, 373.414, 373.418 FS. Law Implemented 373.019, 373.403, 373.413, 373.414, 373.416, 373.418, 373.426, 403.813(2) FS. History–New 1-31-77, Formerly 16I-4.02, 40C-4.02. Amended 2-3-81, 12-7-83, Formerly 40C-4.021, 40C-4.0021, Amended 9-25-91, 2-27-94, 10-3-95, 10-11-01,________.

 

40C-4.091 Publications Incorporated by Reference.

(1) The Governing Board hereby adopts by reference:

(a) Part I “Policy and Procedures,” Part II “Criteria for Evaluation,” subsections 18.0, 18.1, 18.2, and 18.3 of Part III and Appendix K “Legal Description Upper St. Johns River Hydrologic Basin,” “Legal Description Ocklawaha River Hydrologic Basin,” “Legal Description of the Wekiva River Hydrologic Basin,” “Legal Description of the Wekiva Recharge Protection Basin,” “Legal Description of the Wekiva Recharge Protection Basin,”: “Legal Description of the Econlockhatchee River Hydrologic Basin,” “Legal Description of the Sensitive Karst Areas Basin, Alachua County,” “Legal Description Tomoka River Hydrologic Basin,” “Legal Description Spruce Creek Hydrologic Basin,” “Legal Description of the Sensitive Karst Areas Basin, Marion County,” and “Legal Description of the Lake Apopka Hydrologic Basin,” and Appendix M “Regional Watersheds for Mitigation Banking,” of the document entitled “Applicant’s Handbook: Management and Storage of Surface Waters,” effective _________May 13, 2008.

(b) through (d) No change.

(2) No change.

Specific Authority 369.318, 373.044, 373.046(4), 373.113, 373.4136, 373.414, 373.415, 373.416, 373.418, 373.421, 373.461 FS. Law Implemented 120.60, 369.316, 369.318, 373.016(2), 373.042, 373.0421, 373.046, 373.085, 373.086, 373.103, 373.109, 373.146(1), 373.406, 373.413, 373.4135, 373.4136, 373.414, 373.4141, 373.415, 373.416, 373.417, 373.418, 373.421(2)-(6), 373.423, 373.426, 373.461(3), 380.06(9), 403.813(2) FS. History–New 12-7-83, Amended 10-14-84, Formerly 40C-4.091, Amended 5-17-87, Formerly 40C-4.0091, Amended 8-20-87, 10-1-87, 10-11-87, 11-26-87, 8-30-88, 1-1-89, 8-1-89, 10-19-89, 4-3-91, 9-25-91, 11-12-91, 3-1-92, 7-14-92, 9-8-92, 9-16-92, 11-12-92, 11-30-92, 1-6-93, 1-23-94, 2-27-94, 11-22-94, 10-3-95, 8-20-96, 11-25-98, 12-3-98, 1-7-99, 1-11-99, 8-21-00, 7-8-01, 10-11-01, 4-10-02, 9-26-02, 3-7-03, 11-11-03, 2-1-05, 12-3-06, 7-1-07, 5-13-08, _________.

 

APPLICANT’S HANDBOOK SECTIONS

2.0 Definitions

The following definitions are used by the District to clarify its intent in implementing its permitting programs pursuant to part IV, Chapter 373, F.S. Many of these definitions are derived directly from chapter 373, F.S., and are reproduced here for the convenience of applicants.

(a) through (p) No change.

(q) Endangered Species – Those animal species which are listed in Rule 68A-27.003 (as amended December 13, 2003) 39-27.003, F.A.C., and those plant species which are listed as endangered in 50 Code of Federal Regulations 17.12 (as amended April 8, 2004).

(r) through (bb) No change.

(cc) “Listed species” – Those animal species which are endangered, threatened or of special concern and are listed in Rules 68A-27.003 (as amended December 13, 2003), 68A-27.004 (as amended May 15, 2008), and 68A-27.005 (as amended November 8, 2007) 39-27.003, 39-27.004, and 39-27.005, F.A.C.;, the bald eagle (Haliaeetus leucocephalus), which is protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d); and those plant species which are listed in 50 Code of Federal Regulation 17.12 (as amended April 8, 2004), when such plants are located in a wetland or other surface water.

(dd) through (aaa) No change.

(bbb) Threatened Species – Those animal species listed in Rule 68A-27.004 (as amended May 15, 2008) 39-27.004, F.A.C., and those plant species which are listed as threatened in 50 Code of Federal Regulations 17.12 (as amended April 8, 2004) when such plants are located in a wetland or other surface water.

(ccc) through (hhh) No change.

12.2.7     Secondary Impacts

        Pursuant to paragraph 12.1.1(f), an applicant must provide reasonable assurances that a regulated activity will not cause adverse secondary impacts to the water resource, as described in paragraphs (a) through (d) below. Aquatic or wetland dependent fish and wildlife are an integral part of the water resources which the District is authorized to protect under Part IV, Chapter 373, F.S. Those aquatic or wetland dependent species which are listed as defined in section 2.0 threatened, endangered or of special concern are particularly in need of protection.

        A proposed system shall be reviewed under this criterion by evaluating the impacts to: wetland and surface water functions identified in subsection 12.2.2, water quality, upland habitat for aquatic or wetland dependent listed species, and historical and archaeological resources. De minimis or remotely related secondary impacts will not be considered. Applicants may propose measures such as preservation to prevent secondary impacts. Such preservation shall comply with the land preservation provisions of subsection 12.3.8. If such secondary impacts can not be prevented, the applicant may propose mitigation measures as provided for in subsections 12.3 – 12.3.8.

        This secondary impact criterion consists of the following four parts:

        (a) No change.

        (b) An applicant shall provide reasonable assurance that the construction, alteration, and intended or reasonably expected uses of a proposed system will not adversely impact the ecological value of uplands to aquatic or wetland dependent listed animal species for enabling existing nesting or denning by these species, but not including:

                1. Areas needed for foraging; or

                2. Wildlife corridors, except for those limited areas of uplands necessary for ingress and egress to the nest or den site from the wetland or other surface water.

        Table 12.2.7-1 identifies those aquatic or wetland dependent listed species that use upland habitats for nesting and denning.

        For those aquatic or wetland dependent listed animal species for which habitat management guidelines have been developed by the U.S. Fish and Wildlife Service (USFWS) or the Florida Fish and Wildlife Conservation Commission (FWC) Florida Game and Fresh Water Fish Commission (FGFWFC), compliance with these guidelines will provide reasonable assurance that the proposed system will not adversely impact upland habitat functions described in paragraph (b). For those aquatic or wetland dependent listed animal species for which habitat management guidelines have not been developed or in cases where an applicant does not propose to use USFWS or FWC FGFWFC habitat management guidelines, the applicant may propose measures to mitigate adverse impacts to upland habitat functions described in paragraph (b) provided to aquatic or wetland dependent listed animal species. (c) through (d) No change.

TABLE 12.2.7-1

Listed Wildlife Species That Are Aquatic Or Wetland Dependent

And That Use Upland Habitats For Nesting Or Denning

Fishes

Species of special concern

Rivulus marmoratus (mangrove rivulus; rivulus)

Reptiles

Endangered

                Chelonia mydas mydas (Atlantic green turtle)

                Crocodylus acutus (American crocodile)

                Dermochelys coriacea (leatherback turtle; leathery turtle)

                Eretmochelys imbricata imbricata (Atlantic hawksbill turtle)

                Kinosternon bauri (striped mud turtle) THIS SPECIES LISTED ONLY IN LOWER KEYS

                Lepidochelys kempi (Atlantic ridley turtle)

Threatened

                Caretta caretta caretta (Atlantic loggerhead turtle)

                Thamnophis sauritus sackeni (Florida (Keys) ribbon snake) THIS SPECIES LISTED ONLY IN LOWER KEYS

Species of special concern

                Alligator mississippiensis (American alligator)

                Graptemys barbouri (Barbour’s map turtle; Barbour’s sawback turtle)

                Macroclemys temmincki (alligator snapping turtle)

                Pseudemys concinna suwanniensis (Suwannee cooter)

Birds

Endangered

                Ammodramus maritimus mirabilis (Cape Sable seaside sparrow)

                Mycteria americana (wood stork)

                Rostrhamus sociabilis (snail kite)

Threatened

                Charadrius alexandrinus tenuirostris (southeastern snowy plover)

                Charadrius melodus (piping plover)

                Columba leucocephalus (white-crowned pigeon)

                Grus canadensis pratensis (Florida sandhill crane)

                Haliaeetus leucocephala (bald eagle)

        Picoides borealis (red-cockaded woodpecker) THIS SPECIES ONLY WETLAND DEPENDENT IN LEE, COLLIER, AND CHARLOTTE COUNTIES

                Polyborus plancus audubonii (Audubon’s crested caracara)

                Sterna antillarum (least tern)

                Sterna dougallii (roseate tern)

Species of special concern

                Ajaia ajaia (roseate spoonbill)

                Ammodramus maritimus juncicolus (Wakulla seaside sparrow)

                Ammodramus maritimus peninsulae (Scott’s seaside sparrow)

                Aramus guarauna (limpkin)

                Cistothorus palustris griseus (Worthington’s marsh wren)

                Cistothorus palustris marianae (Marian’s marsh wren)

                Egretta caerulea (little blue heron)

                Egretta rufescens (reddish egret)

                Egretta thula (snowy egret)

                Egretta tricolor (tricolored heron; Louisiana heron)

                Eudocimus albus (white ibis)

                Haematopus palliatus (American oystercatcher)

                Pandion haliaetus (osprey) THIS SPECIES LISTED ONLY IN MONROE COUNTY

                Pelecanus occidentalis (brown pelican)

                Rhynchops niger (black skimmer)

Other

Haliaeetus leucocephalus (bald eagle)

Mammals

Endangered

                Felis concolor coryi (Florida panther)

                Microtus pennsylvanicus dukecampbelli (Duke’s saltmarsh vole; Florida saltmarsh vole)

                Myotis grisescens (gray bat)

                Myotis sodalis (Indiana bat)

                Odocoileus virginianus clavium (Key deer; toy deer)

                Oryzomys argentatus (silver rice rat)

                Sylvilagus palustris hefneri (Lower Keys marsh rabbit)

Threatened

                Mustela vison evergladensis (Everglades mink)

                Sciurus niger avicennia (Big Cypress fox squirrel; mangrove fox squirrel)

        Ursus americanus floridanus (Florida black bear) THIS SPECIES NOT LISTED IN BAKER AND COLUMBIA COUNTIES AND THE APALACHICOLA NATIONAL FOREST

Species of Special Concern

                Oryzomys palustris sanibeli (Sanibel Island rice rat)

                Sorex longirostris eionis (Homosassa shrew)