The purpose of this rule revision is to incorporate by reference and links Commission-approved Guidelines for one non-listed mammal: the Florida mouse. The revision also reformats the rule to improve readability. The effect of this rule revision is ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Freshwater Fish and Wildlife

RULE NO.:RULE TITLE:

68A-29.002Regulations Relating to the Taking of Mammals

PURPOSE AND EFFECT: The purpose of this rule revision is to incorporate by reference and links Commission-approved Guidelines for one non-listed mammal: the Florida mouse. The revision also reformats the rule to improve readability. The effect of this rule revision is to clarify that take of this species is prohibited without a permit, except as authorized in Commission-approved guidelines.

SUMMARY: This rule revision incorporates Commission-approved guidelines for the Florida mouse and reformats the rule to improve clarity. The rule revisions will include language prohibiting take unless authorized in the Commission-approved guidelines incorporated by reference for the Florida mouse. This rule revision incorporates these guidelines into 68A-29.002 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, 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-29.002 Regulations Relating to the Taking of Mammals.

(1) For mammals not listed in chapter 68A-27, F.A.C., or not regulated under chapter 68A-24, F.A.C., the following restrictions control the take as defined in rule 68A-1.004, F.A.C. of the mammals listed below:

(a)(1) None of the following species or their young, homes, dens or nests shall be taken, transported, stored, served, bought, sold or possessed in any manner at any time unless specifically permitted, except as authorized in the Commission’s Species Conservation Measures and Permitting Guidelines in (b) (Eastern chipmunk, Tamias striatus, effective September 2018, hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-10419; Homosassa shrew, Sorex longirostris eionis, effective September 2018, hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-10420; Southern fox squirrel, Sciurrus niger, effective September 2018, hereby incorporated by reference at https://www.flrules.org/Gateway/reference.asp?No=Ref-10421); or by permit from the executive director as provided in rule 68A-9.002, 68A-9.006, or 68A-9.010, F.A.C., relating to the permitting of take of wildlife or freshwater fish for justifiable purposes, wildlife rehabilitation, or take of nuisance wildlife:

1a. Florida mouse (Podomys floridanus),

2b. Shrews (Cryptotis spp., Blarina spp., Sorex spp.),

3c. Fox squirrels (Sciurus niger ssp.),

4d. Bats (Corynorhinus spp., Myotis spp., Perimyotis spp., Eptesicus spp., Lasiurus spp., Nycticeius spp., Tadarida spp.),

5e. American Mink (Neovison vison ssp.),

6f. Santa Rosa beach mouse (Peromyscus polionotus leucocephalus),

7g. Pine vole (Microtus pinetorum),

8h. Long-tailed weasel (Mustela frenata ssp.),

9i. Round-tailed muskrat (Neofiber alleni).

(b) 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:

1. Eastern chipmunk, Tamias striatus, effective September 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10419);

2. Florida mouse, Podomys floridanus, effective July 2020 (https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx);

3. Homosassa shrew, Sorex longirostris eionis, effective September 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10420);

4. Southern fox squirrel, Sciurrus niger, effective September 2018 (https://www.flrules.org/Gateway/reference.asp?No=Ref-10421).

(2) No change.

 

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: June 8, 2020