11368417, 68A-4.009 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11368417

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Freshwater Fish and Wildlife

Chapter:

GENERAL PROHIBITIONS AND REQUIREMENTS

Overview

RULE:

68A-4.009

Florida Black Bear Conservation

PURPOSE:

As required by paragraph 68A-27.0012(3)(a), Florida Administrative Code, the Florida black bear (Ursus americanus floridanus) has been evaluated under the listing criteria. The Commission has decided to remove the Florida black bear from the State-designated Threatened species list. This rule would provide for prohibitions, permitting, and agency activities concerning the Florida black bear subsequent to its removal from the State-designated Threatened species list.
The effect of the action would be to affirm that unauthorized take of bears is prohibited, require that permits authorizing intentional take of bears must be for a scientific or conservation purpose, and establish that in providing technical assistance to others, the Commission will base its recommendation on goals and objectives of its approved bear management plan. The proposed rule makes it unlawful to take, possess, injure, shoot, wound, trap, collect, or sell bears or their parts except as specifically provided by FWC’s rules. ‘Take,’ for the purposes of any FWC rule unless it is otherwise defined, and for the purposes of this rule, is defined in 68A-1 and includes “attempting to take, pursuing, hunting, molesting, capturing, or killing” by any means. Given the potential for illegal trade in bear parts and bear hides, the level of specificity and detail in this rule are considered necessary to aid in successful enforcement and prosecution. The proposed rule provides criteria that FWC considers in the authorization of intentional take that will allow the continuation of local governments and other partners assisting FWC in bear management. The rule also affirms that FWC will continue to engage with private landowners and regulating agencies to guide future land use so that it is compatible with the goal and objectives of this plan. Additional information is available at: http://myfwc.com/bear. Look under Read the Draft Bear Management Plan; a description of the rule is located in the Regulations and Enforcement Chapter.

SUMMARY:

The proposed action would: [1] affirm the prohibition on unauthorized take of bears, [2] describe when the Commission may issue intentional take permits, and [3] establish that the Commission will provide technical assistance to land owners and comments to permitting agencies to minimize and avoid potential negative human-bear interactions or impacts of land modifications on the conservation and management of black bears based on the goals and objectives of its approved bear management plan.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Fla. Const.

LAW:

Art. IV., Sec. 9, Fla. Const., 379.1025 FS.

PRINT PUBLISH DATE:

4/13/2012 Vol. 38/15

COMMENTS:

From 4/13/2012 To 5/4/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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