18142800, 68A-27.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 18142800

Notice of Proposed Rule

Department:

FISH AND WILDLIFE CONSERVATION COMMISSION

Division:

Freshwater Fish and Wildlife

Chapter:

RULES RELATING TO ENDANGERED OR THREATENED SPECIES

Overview

RULE:

68A-27.003

Florida Endangered and Threatened Species List; Prohibitions

PURPOSE:

The purposes of this proposed rule revision are to change the rule title; authorize take, possession, or selling of State-designated Threatened species if such conduct is authorized in a management plan approved by the Commission; and to implement species status changes found warranted by the Commission.  The effect of this rule revision is a title that better describes the rule, more clarity on what conduct may be permitted to cause take or possession of State-designated Threatened species, and a listing status for species as found warranted by the Commission.

SUMMARY:

The Commission’s imperiled species rules were significantly revised in 2010, and as a result, all then listed species that had not had their status recently reviewed were evaluated against the listing criteria.  Based on these evaluations, staff made listing status recommendations to the Commission.  The Commission approved these recommendation in June 2011.  However, as specified by rule, any listing status changes were not to be implemented until a management plan for the species was approved.  The Imperiled Species Management Plan (ISMP) covering these species is being approved concurrently with this rule revision.  This revision includes reclassifying 23 species from Species of Special Concern to State designated Threatened and adding them to the Florida Endangered and Threatened Species List, and reclassifying two species from State-designated Threatened to unlisted and removing them from the list.

Additionally, during development of the ISMP it was determined that some activities or conduct which may cause some minor amount of take may be authorized in the management plan because they are known to benefit species or not to cause significant impacts to species.  Under the current rule, these activities or conduct would be a violation of the rule even though the overall impact is beneficial.  Proposed revisions to the rule allow for such activities or conduct.     

Finally, the rule title is being revised to more clearly label the content of the rule.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution

LAW:

Art. IV, Sec. 9, Florida Constitution

PRINT PUBLISH DATE:

10/13/2016 Vol. 42/200

COMMENTS:

From 10/13/2016 To 11/3/2016 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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