The purpose of this rule revision is to 1) remove redundant language referring to take and possession of gopher tortoises which is already prohibited under 68A-27.003, F.A.C.; 2) include language prohibiting painting any turtle or tortoise; and 3) ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-25.002General Provisions for Taking Possession and Sale of Reptiles

PURPOSE AND EFFECT: The purpose of this rule revision is to 1) remove redundant language referring to take and possession of gopher tortoises which is already prohibited under 68A-27.003, F.A.C.; 2) include language prohibiting painting any turtle or tortoise; and 3) incorporate into rule by reference Commission-approved guidelines for four non-listed reptiles: the Suwannee cooter; and the Lower Keys populations of the peninsula ribbon snake, red rat snake, and striped mud turtle. The effect of this rule revision is to prohibit the take and painting of gopher tortoises and to incorporate into rule and provide hyperlinks for two Commission approved guidelines for four species.

SUMMARY: This rule currently prohibits take and possession of the gopher tortoise which is also outlined in Rule 68A-27.003 F.A.C. It also currently prohibits the possession of painted turtles but not the act of painting the turtle itself. The revised rule will remove language that is already found in other rules and will prohibit the painting of any turtle or tortoise. This rule also prohibits the take of the four non-listed reptiles: the Lower Keys populations of the peninsula ribbon snake, red rat snake, and striped mud turtle; and the Suwannee cooter, except as authorized by permit from the executive director as provided in Rule 68A-9.002, F.A.C. The revised rule will clarify that take of these species is prohibited unless permitted, except as authorized in Commission approved guidelines. At the July 23, 2020 meeting, the Commission reviewed and approved these rule changes for the gopher tortoise and incorporation of guidelines for the four non-listed reptiles. The intent of this rule revision is to incorporate these guidelines into Rule 68A-25.002, F.A.C., by reference and hyperlink.

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 October 7th and 8th, starting at 9:00 a.m. each day

PLACE: Virtual meeting through communications media technology. More information on how to connect will be available at http://myfwc.com/about/commission/commission-meetings

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-25.002 General Provisions for Taking, Possession and Sale of Reptiles.

(1) through (5) No change.

(6) Turtles.

(a) Take and possession – For turtles not listed in chapter 68A-27, F.A.C., the following restrictions control the take or possession unless authorized in the Commission’s Species Conservation Measures and Permitting Guidelines, hereby incorporated by reference and available at the following links: Alligator Snapping Turtles, Macrochelys suwanniensis, M. apalachicolae, and M. temminckii, (effective September 2018 and hereby incorporated by reference at (https://www.flrules.org/Gateway/reference.asp?No=Ref-10418); Lower Keys populations of peninsula ribbonsnake, Thamnophis sauritus sackenii, red rat snake, Pantherophis guttatus, and striped mud turtle, Kinosternon baurii, effective July 2020 (https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx); Suwannee cooter, effective July 2020 (https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx).:

1. through 8. No change.

(b) No change.

(c) Sale – No person shall buy, sell, or possess for sale turtles, their eggs or parts thereof, that have been taken from the wild.

(7) No person shall buy, sell, take or possess any gopher tortoise (Gopherus polyphemus), or any part thereof, unless authorized by permit from the executive director as provided in rule 68A-9.002, and chapter 68A-27, F.A.C.

(8) Possession of gopher tortoises may be authorized by permit from the executive director when the owner can demonstrate that such tortoise(s) was (were) legally acquired and possessed before July 1, 1988.

(6)(9) No person shall paint any turtle or tortoise or possess any turtle or tortoise on which paint has been applied to its shell or body parts, provided that water-soluble, non-toxic identifying marking may be used in turtle racing contests.

(10) through (12) renumbered as (7) through (9) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const, 379.303, 379.304, 379.3012, 379.3751, 379.372, 379.3761, 379.3762 FS. History–New 8-1-79, Amended 6-4-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-25.02, Amended 6-1-86, 5-10-87, 10-8-87, 4-13-88, 2-14-89, 7-1-89, 7-1-90, 4-14-92, 4-1-96, 9-15-96, 4-12-98, 7-1-99, Formerly 39-25.002, Amended 4-30-00, 3-30-06, 5-18-06, 6-7-07, 10-23-08, 7-20-09, 8-19-14, 1-11-17, 5-7-19, _______________.

 

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: July 23, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 18, 2020