The purpose of these proposed rule revisions is to include non-listed birds and eggs in the rule and incorporate FWC Commission approved guidelines into rule by reference and provide hyperlinks. The effect of this rule revision is to make it ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-16.003Non-Listed Migratory Bird Nests

PURPOSE AND EFFECT: The purpose of these proposed rule revisions is to include non-listed birds and eggs in the rule and incorporate FWC Commission approved guidelines into rule by reference and provide hyperlinks. The effect of this rule revision is to make it applicable to non-listed birds and eggs, and to add hyperlinks and reference for Commission approved guidelines

SUMMARY: 68A-16.003 currently applies only to non-listed bird nests. The revision changes the title of the rule to include non-listed birds and eggs. The revised rule prohibits take of non-listed birds, nests, and eggs, except as authorized in Commission approved guidelines. This rule currently lists Commission approved guidelines for the osprey and provides a hyperlink to that document. The Commission reviewed and approved guidelines for two non-listed birds: snowy egret and white ibis. The intent of this rule revision is to incorporate these guidelines into Rule 68A-16.003, F.A.C. by reference and hyperlinks.

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:

DATE AND TIME: During the Commission’s regular meeting February 19 and 20, 8:30 a.m. – 5:00 p.m., each day

PLACE: Donald L. Tucker Civic Center, Meeting Room A, 505 W Pensacola St., Tallahassee, FL 32301

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: Dr. Brad Gruver, Section Leader, Species Conservation Planning 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-16.003 Non-Listed Migratory Birds, Bird Nests, and Eggs.

For birds identified by the United States Departments of Interior or Commerce in 50 C.F.R. §10.13, List of Migratory Birds (effective 09/2016, which is hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-07922), and not listed in chapter 68A-27 or rule 68A-16.002, F.A.C., the following apply:

(1) Take of birds, nests, and eggs is prohibited pursuant to 68A-4.001, F.A.C., without a permit or authorization, except as authorized in Commission-approved guidelines. The following Species Conservation Measures and Permitting Guidelines from the Commission are hereby incorporated by reference and can be found online at the following links:

(a) Osprey, Pandion haliaetus, effective September 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10431);

(b) Snowy egret, Egretta thula, effective December 2019 (https://www.flrules.org/Gateway/reference.asp?No=Ref-_____);

(c) White ibis, Eudocimus albus, effective December 2019, (https://www.flrules.org/Gateway/reference.asp?No=Ref-_____).

(21) The possession, sale, purchase, barter, transport, import, export, or collection of an inactive or active nest (meaning a nest containing eggs or flightless young) or parts thereof are prohibited by the Commission without appropriate Federal authorization or as authorized in Commission-approved guidelines (incorporated by reference on June 25, 2019, Osprey – https://www.flrules.org/Gateway/reference.asp?No=Ref-10431).

(32) Notwithstanding the prohibitions in subsection (21), onsite destruction of an inactive nest (meaning a nest that does not contain eggs or flightless young) or parts thereof is permitted by the Commission but may require Federal authorization.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-2-17, Amended 6-25-19, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Bradley J. Gruver

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 9, 2019