68A-27.005: Designation of Species of Special Concern; Prohibitions; Permits
PURPOSE AND EFFECT: The purpose of this proposed revised rule is to remove the gopher tortoise from the list of species of special concern.
SUMMARY: The Fish and Wildlife Conservation Commission reclassified the gopher tortoise from a species of special concern to a threatened species. The proposed rule change removes the gopher tortoise from the state list of species of special concern.
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-27.005 Designation of Species of Special Concern; Prohibitions; Permits.
(1) The following species are hereby declared to be of special concern, and shall be afforded the protective provisions specified.
(a) No person shall take, possess, transport, or sell any species of special concern included in this paragraph or parts thereof or their nests or eggs except as authorized by Commission regulations or by permit from the executive director or by statute or regulation of any other state agency, permits being issued upon reasonable conclusion that the permitted activity will not be detrimental to the survival potential of the species.
(b) The following species were listed prior to January 1, 2001, and have been further categorized by the numbers in parentheses under the following criteria: (1) has a significant vulnerability to habitat modification, environmental alteration, human disturbance, or human exploitation which, in the foreseeable future, may result in its becoming a threatened species unless appropriate protective or management techniques are initiated or maintained; (2) may already meet certain criteria for designation as a threatened species but for which conclusive data are limited or lacking; (3) may occupy such an unusually vital or essential ecological niche that should it decline significantly in numbers or distribution other species would be adversely affected to a significant degree; (4) has not sufficiently recovered from past population depletion, and (5) occurs as a population either intentionally introduced or being experimentally managed to attain specific objectives, and the species of special concern prohibitions in Rule 68A‑27.002, F.A.C., shall not apply to species so designated, provided that the intentional killing, attempting to kill, possession or sale of such species is prohibited.
1. Atlantic sturgeon (Acipenser oxyrinchus) (1)
2.
3. Saltmarsh topminnow (Fundulus jenkinsi) (1)
4. Rivulus (Rivulus marmoratus) (1)
5. Southern tessellated darter (Etheostoma olmstedi maculaticeps) (1)
6. Harlequin darter (Etheostoma histrio) (1)
7. Shoal bass (Micropterus cataractae) (1, 2)
8.
9. Key blenny (Starksia starcki) (1)
10. Gopher frog (Rana capito) (1, 2)
11.
12.
13.
14. Alligator snapping turtle (Macroclemys temminckii) (1)
15.
16. Barbour’s map turtle (Graptemys barbouri) (1, 2)
17. Gopher tortoise (Gopherus polyphemus) (1, 2, 3). The definition of take set forth in subsection (3) of this rule shall apply to gopher tortoises.
17.18. American alligator (Alligator mississippiensis) (1, 3)
18.19.
19.20. Red rat snake (Elaphe guttata) (lower keys population only) (1)
20.21. Brown pelican (Pelecanus occidentalis) (1)
21.22.
22.23. Little blue heron (Egretta caerulea) (1, 4)
23.24. Osprey (Pandion haliaetus) (
24.25. Black skimmer (Rynchops
25.26. White ibis (Eudocimus albus) (2)
26.27. Snowy egret (Egretta thula) (1)
27.28. Reddish egret (Egretta rufescens) (1, 4)
28.29. Tricolored heron (Egretta tricolor) (1, 4)
29.30. Roseate spoonbill (Platalea ajaja) (1, 4)
30.31. Whooping crane (Grus
31.32. Limpkin (Aramus guarauna) (1)
32.33. American oystercatcher (Haematopus palliatus) (1, 2)
33.34. Burrowing owl (Athene cunicularia) (1)
34.35. Marian’s marsh wren (Cistothorus palustris marianae) (1)
35.36.
36.37. Scott’s seaside sparrow (Ammodramus maritimus peninsulae) (1)
37.38. Wakulla seaside sparrow (Ammodramus maritimus juncicolus) (1)
38.39.
39.40. Eastern chipmunk (Tamias striatus) (1)
40.41.
41.42.
42.43. Homosassa shrew (Sorex longirostris eionis) (2)
43.44.
44.45.
45.46. Bluenose shiner (Pteronotropis welaka) (1, 2)
46.47. Black Creek crayfish (Procambarus pictus) (1)
47.48.
48.49. Sims Sink crayfish (Procambarus erythrops) (1)
(2) The following species, listed after January 1, 2001, are hereby declared to be of special concern, and shall be afforded the protective provisions specified.
(a) Flatwoods salamander (Ambystoma cingulatum). No person shall directly take any flatwoods salamander or parts thereof or their eggs except as authorized by Commission rule or by permit from the executive director.
(b) Red-cockaded woodpecker (Picoides borealis). No person shall take, harass, possess, sell, or transport any red-cockaded woodpecker or parts thereof or their eggs or their nests or dens except as authorized by permit from the executive director. Permits will be issued based upon whether issuance would further management plan goals and objectives.
(3) No person shall take, attempt to take, pursue, hunt, harass, capture, possess, sell or transport any gopher tortoise (Gopherus polyphemus) or parts thereof or their eggs, or take or attempt to take gopher tortoise burrows, except as authorized by Commission permit. For the purpose of this definition of take, a gopher tortoise burrow is a tunnel with a cross-section that closely approximates the shape of a gopher tortoise.
Specific Authority Art. IV, Sec. 9,