23596722, 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: 23596722

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 purpose of these proposed rule revisions is to incorporate the Commission-approved Gopher Tortoise Management Plan, the Commission-approved Gopher Tortoise Permitting Guidelines, and revised Commission-approved guidelines for the Florida pine snake; add the Gulf of Mexico Bryde’s whale to the Florida Endangered and Threatened Species list as federally endangered. The effect of this rule revision is to add hyperlinks and reference to the Gopher Tortoise Management Plan and two revised Commission-approved guidelines, and add the Gulf of Mexico Bryde’s whale to the Florida Endangered and Threatened Species list to maintain consistency among state and federal listing processes.

SUMMARY:

As part of the approval of the Imperiled Species Management Plan in 2016, the Commission added language to 68A-27.003 about authorizing activities associated with take in Commission-approved guidelines. This rule currently lists guidelines that are Commission approved and provides hyperlinks to those documents. At the July 23, 2020 meeting, the Commission reviewed and approved guidelines for two species: Florida pine snake and gopher tortoise. The Commission also approved the incorporation of the Gopher Tortoise Management Plan into rule by reference. The intent of this rule revision is to incorporate the plan and guidelines into 68A-27.003 by reference and provide hyperlinks. Additionally, the Gulf of Mexico Brydes whale is being added to Florida’s Endangered and Threatened Species List. The National Oceanic and Atmospheric Administration, National Marine Fisheries Service listed the Gulf of Mexico Bryde’s whale as endangered under the Endangered Species Act by the on April 15, 2019. As described in 68A-27.0012, F.A.C., species native to Florida found to be threatened or endangered under the federal Endangered Species Act may be added to Florida’s Endangered and Threatened Species List without a separate state review.  As species are added or removed from the federal Endangered and Threatened Species list, the state rule is updated to maintain consistency.

RULEMAKING AUTHORITY:

Art. IV, Sec. 9, Florida Constitution

LAW:

Art. IV, Sec. 9, Florida Constitution

PRINT PUBLISH DATE:

9/1/2020 Vol. 46/171

COMMENTS:

From 9/1/2020 To 9/22/2020 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-10408 Florida Pine Snake Guidelines

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