5827777, 40E-4.021 - Florida Administrative Rules, Law, Code, Register

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Notice: 5827777

Notice of Development of Rulemaking

Department:

WATER MANAGEMENT DISTRICTS

Division:

South Florida Water Management District

Chapter:

ENVIRONMENTAL RESOURCE PERMITS

Overview

RULE:

40E-4.021	Definitions (Repealed)
40E-4.091	Publications, Rules and Interagency Agreements Incorporated by Reference

PURPOSE:

The South Florida 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 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, effective May 15, 2008, 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 40E-4.021(29), F.A.C., and in Section 2.18 Basis of Review for Environmental Resources Permit Applications within the South Florida Water Management District (BOR), and update rule references in Sections 2.10, 2.18 and 2.37. Table 4.2.7-1 of the BOR will 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.

SUBJECT:

The proposed rules amend the definition of listed species in subsection 40E-4.021(29), F.A.C., and in Section 2.18 BOR, and update rule references in Sections 2.10, 2.18 and 2.37 of the BOR. The proposed rules will remove the bald eagle from the category of threatened species in Table 4.2.7-1 of the Basis of Review for Environmental Resources Permit Applications within South Florida Water Management District 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:

7/3/2008 Vol. 34/27

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=40E-4.021&PDate=7/3/2008&Section=1

REFERENCE MATERIALS:

No reference(s).

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