7272495, 40C-4.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7272495

Notice of Proposed Rule

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40C-4.021	Definitions (Repealed)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 purpose and effect of these proposed rule amendments is: (1) to 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) to 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 classified by FWC as endangered, threatened, or species of special concern; and (3) to 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 12.2.7-1 in the Applicant’s Handbook: Management and Storage of Surface Waters to remove the bald eagle from the category of threatened species and to amend section 12.2.7 of the Applicant’s Handbook to refer to the bald eagle so that bald eagles’ existing nesting habitat in uplands would continue to be protected under the District’s rules. The amendments also provide that secondary 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 12.2.7 and 12.3.1.5 and Table 12.2.7-1 of the Applicant’s Handbook: Management and Storage of Surface Waters, and Rule 40C-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 40C-4.021(20), F.A.C., and subsections 2.0(q), (cc), and (bbb) of the Applicant’s Handbook.

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:

6/19/2009 Vol. 35/24

COMMENTS:

From 6/19/2009 To 7/10/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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