17026621, 68A-9.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 17026621

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Freshwater Fish and Wildlife

Chapter:

MISCELLANEOUS PERMITS

Overview

RULE:

68A-9.002

Permits to Take Wildlife or Freshwater Fish for Justifiable Purposes

PURPOSE:

The purpose of this proposed rule revision is to clarify that federal authorizations other than permits also are acceptable as indication of federal authorization to take and/or possess migratory birds or their nests. The effect of this proposed rule revision is to expand the types of federal authorizations that may be used to satisfy the rule requirements for such authorizations.

SUMMARY:

Migratory birds are protected by federal and state law.  The U. S. Fish and Wildlife Service can allow the take of such species by issuing a permit or other forms of authorization (e.g., a depredation order, policy statement, etc.).  This rule authorizes the FWC executive director to also issue permits to take migratory birds by issuing a permit, but the rule specifies that such a permit is only valid if the holder also has a federal permit.  As previously noted, federal authorization for take may be in some form other than a permit.  The proposed rule revision allows these other forma of authorization to satisfy the rule requirement for federal authorization.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution

LAW:

Art. IV, Sec. 9, Florida Constitution

PRINT PUBLISH DATE:

1/13/2016 Vol. 42/08

COMMENTS:

From 1/13/2016 To 2/3/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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