5772972, 40C-4.021 - Florida Administrative Rules, Law, Code, Register

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Notice: 5772972

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

St. Johns River Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS: SURFACE WATER MANAGEMENT SYSTEMS

Overview

RULE:

40C-4.021	Definitions (Repealed)
40C-4.091	Publications Incorporated by Reference

PURPOSE:

The St. Johns River Water Management District (District) proposes to amend the definition of listed species in its rules governing the issuance of environmental resource permits (ERP) to update the rule and statutory references concerning listed wildlife and plant species, and to specifically reference the bald eagle, which is protected under a federal statute known as the Bald and Golden Eagle Protection Act. Under the District’s existing rules, the bald eagle is included in the definition of listed species by reference to a previous Florida Fish and Wildlife Conservation Commision (FWC) rule identifying threatened species; however, the FWC has recently amended its rules such that the bald eagle is no longer classified as a threatened species by the FWC. Specifically, the District proposes to amend the definition of listed species in subsection 40C-4.021(20), F.A.C., and in Section 2.0 Applicant’s Handbook: Management and Storage of Surface Waters. Table 12.2.7-1 in the Applicant’s Handbook would also be amended to include the bald eagle under a new category (other) and remove it from the category of threatened species. If these amendments are adopted, the protections afforded by the District’s rules to wildlife species that are now classified as endangered, threatened or species of special concern would continue to be afforded the bald eagle which is no longer classified by FWC as a threatened species, effective May 15, 2008.

SUBJECT:

The proposed rules amend the definition of listed species in subsection 40C-4.021(20), F.A.C., and in Section 2.0 Applicant’s Handbook: Management and Storage of Surface Waters and update rule references in Section 12.2.7. of the Applicant’s Handbook. The proposed rules would remove the bald eagle from the category of threatened species in Table 12.2.7.-1 of the Applicant’s Handbook and include it under a new category.

RULEMAKING AUTHORITY:

373.044, 373.113, 373.414, 373.418 FS.

LAW:

373.016(2), 373.413, 373.414, 373.416, 373.418, 373.426 FS.

PRINT PUBLISH DATE:

6/20/2008 Vol. 34/25

RELATED STATUTES
AND LAWS:

373.044, 373.113, 373.414, 373.418 FS., 373.016(2), 373.413, 373.414, 373.416, 373.418, 373.426 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=40C-4.021&PDate=6/20/2008&Section=1

REFERENCE MATERIALS:

No reference(s).

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