RULE NO: RULE TITLE
68A-27.004: Designation of Threatened Species; Prohibitions; Permits
PURPOSE AND EFFECT: The purpose of this proposed revised rule is to add the Florida manatee and the gopher tortoise to the state list of threatened species.
SUMMARY: The Fish and Wildlife Conservation Commission reclassified the Florida manatee from an endangered species to a threatened species. The Commission also reclassified the gopher tortoise from a species of special concern to a threatened species. The proposed rule change adds these species to the state list of threatened species.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution, 372.121 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting September 12-14, 2007, 8:30 a.m. – 5:00 p.m., each day
PLACE: Hilton Hotel, 333 First Street South, St. Petersburg, Florida 33701
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator, at (850)488-6411. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, (800)955-8771 (TDD) or (800)955-8770 (Voice)
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Tim Breault, Director, Division of Habitat and Species Conservation, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68A-27.004 Designation of Threatened Species; Prohibitions; Permits.

(1) The following species, listed prior to June 23, 1999, are hereby declared to be threatened, and shall be afforded the protective provisions specified.

(a) No person shall take, possess, transport, molest, harass or sell any of the threatened species included in this subsection or parts thereof or their nests or eggs except as authorized by specific permit from the Executive Director, permits being issued only for scientific or conservation purposes and only upon a showing by the applicant that the permitted activity will not have a negative impact on the survival potential of the species.

1. Crystal darter (Crystallaria asprella)

2. Key silverside (Menidia conchorum)

3. Loggerhead seaturtle (Caretta caretta)

4. Bluetail mole skink (Eumeces egregius lividus)

5. Sand skink (Neoseps reynoldsi)

6. Key ringneck snake (Diadophis punctatus acricus)

7. Rim rock crowned snake (Tantilla oolitica)

8. Short-tailed snake (Stilosoma extenuatum)

9. Florida brown snake (Storeria dekayi victa) (lower keys population only)

10. Florida ribbon snake (Thamnophis sauritus sackeni) (lower keys population only)

11. Eastern Indigo snake (Drymarchon corais couperi)

12. Atlantic salt marsh water snake (Nerodia clarkii taeniata)

13. Bald eagle (Haliaeetus leucocephalus)

14. Southeastern American kestrel (Falco sparverius paulus)

15. Crested caracara (Caracara cheriway)

16. Florida sandhill crane (Grus canadensis pratensis)

17. Roseate tern (Sterna dougalli)

18. Least tern (Sterna antillarum)

19. White-crowned pigeon (Columba leucocephala)

20. Florida scrub jay (Aphelocoma coerulescens)

21. Snowy plover (Charadrius alexandrinus)

22. Piping plover (Charadrius melodus)

23. Big Cypress fox squirrel (Sciurus niger avicennia)

24. Florida black bear (Ursus americanus floridanus) (other than those found in Baker and Columbia counties or in Apalachicola National Forest or which are held in captivity under permit)

25. Everglades mink (Mustela vison evergladensis)

26. Southeastern beach mouse (Peromyscus polionotus niveiventris)

(2) The following species are hereby declared to be threatened, and shall be afforded the protective provisions specified.

(a) The Florida manatee (Trichechus manatus latirostris) is hereby declared to be threatened and shall be afforded the protective provisions specified in this paragraph. It is unlawful for any person at any time, by any means, or in any manner intentionally or negligently to annoy, molest, harass, or disturb or attempt to molest, harass, or disturb any manatee; injure or harm or attempt to injure or harm any manatee; capture or collect or attempt to capture or collect any manatee; pursue, hunt, wound, or kill or attempt to pursue, hunt, wound, or kill any manatee; or possess, literally or constructively, any manatee or any part of any manatee. Permits to possess manatees for scientific or enhancement purposes may be issued by the U. S. Department of the Interior.

(b) The Gopher tortoise (Gopherus polyphemus) is hereby declared to be threatened, and shall be afforded the protective provisions specified in this paragraph. No person shall take, attempt to take, pursue, hunt, harass, capture, possess, sell or transport any gopher tortoise or parts thereof or their eggs, or molest, damage, or destroy gopher tortoise burrows, except as authorized by Commission permit or when complying with Commission approved guidelines for specific actions which may impact gopher tortoises and their burrows. A gopher tortoise burrow is a tunnel with a cross-section that closely approximates the shape of a gopher tortoise. Permits will be issued based upon whether issuance would further management plan goals and objectives.

Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-22-80, 7-1-83, 7-1-85, Formerly 39-27.04, Amended 6-1-86, 5-10-87, 4-27-89, 6-23-99, Formerly 39-27.004, Amended 9-29-03,________.