6483497, 40E-4.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6483497

Notice of Proposed Rule

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40E-4.021	Definitions (Repealed)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 purpose and effect of the proposed rule amendments is to: (1) reflect that the Bald Eagle is no longer classified by the Florida Fish and Wildlife Conservation Commission (FWC) as a threatened species under its imperiled species regulations; (2) continue to provide to the Bald Eagle (which is still protected under a federal statute known as the Bald and Golden Eagle Protection Act) protections afforded by the District’s rules to wildlife species as classified by FWC as endangered, threatened, or species of special concern; and (3) update rule references to listed wildlife and plants in the definitions of “listed species”, “endangered species” and “threatened species.” The District proposes to amend Table 4.2.7-1 of the “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District” (Basis of Review) to remove the Bald Eagle from the category of threatened species and to amend section 4.2.7 to refer to the Bald Eagle so that its existing nesting habitat in uplands would continue to be protected under the District’s rules. The amendments also provide that secondary cumulative impacts to the functions of wetlands or uplands for nesting of Bald Eagles will not be considered adverse if a valid permit under Rule 68A-16.002, F.A.C., has been issued to a permit applicant by the FWC for the same activities the applicant is proposing under Part IV of Chapter 373, F.S., or if the applicant demonstrates compliance with the FWC Eagle Management Guidelines that were adopted by the FWC and became effective May 15, 2008.

SUMMARY:

The proposed rules address the change in classification of the Bald Eagle in the FWC’s imperiled species regulations. The proposed rules amend Sections 2.0, 4.2.7, and 4.3.1.5 of the Basis of Review, and Rule 40E-4.091, F.A.C., which incorporates these sections by reference. In addition, the proposed rules update the definitions of listed species, endangered species and threatened species by amending subsection 40E-4.021(2), F.A.C., and subsections 2.10, 2.18 and 2.37 of the Basis of Review.

RULEMAKING AUTHORITY:

373.044, 373.103(8), 373.113, 373.171, 373.413, 373.414, 373.418, 373.441, 668.003, 668.004, 668.50, 704.06 FS.

LAW:

373.019, 373.403-373.443, 403.031, 668.003, 668.004, 668.50, 704.06 FS.

PRINT PUBLISH DATE:

7/31/2009 Vol. 35/30

COMMENTS:

From 7/31/2009 To 8/21/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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