Purpose
The purpose and effect of these proposed rule amendments is: (1) to reflect that the bald eagle is no longer classified by the Florida Fish and Wildlife Conservation Commission (FWC) as a threatened species under its imperiled species regulations; (2) to continue to provide to the bald eagle, which is still protected under a federal statute known as the Bald and Golden Eagle Protection Act, protections afforded by the District’s rules to wildlife species classified by FWC as endangered, threatened, or species of special concern; and (3) to update rule references to listed wildlife and plants in the definitions of “listed species,” “endangered species,” and “threatened species.” The District proposes to amend Table 12.2.7-1 in the Applicant’s Handbook: Management and Storage of Surface Waters to remove the bald eagle from the category of threatened species and to amend section 12.2.7 of the Applicant’s Handbook to refer to the bald eagle so that bald eagles’ existing nesting habitat in uplands would continue to be protected under the District’s rules. The amendments also provide that secondary impacts to the functions of wetlands or uplands for nesting of bald eagles will not be considered adverse if a valid permit under Rule 68A-16.002, F.A.C., has been issued to a permit applicant by the FWC for the same activities the applicant is proposing under Part IV of Chapter 373, F.S., or if the applicant demonstrates compliance with the FWC Eagle Management Guidelines that were adopted by the FWC and became effective May 15, 2008.