68-5.001: Introduction of Non-native Species into the State
68-5.002: Conditional Non-native Species
68-5.003: Prohibited Non-native Species
PURPOSE AND EFFECT: The purpose of the proposed rule changes is to (1) update and clarify requirements for the issuance of permits for the importation and possession of conditional and prohibited species; (2) codify eligibility requirements for issuance of such permits; (3) establish criteria for denial of research permits for conditional and prohibited species; and (4) retain conditional and prohibited species status for any taxa that subsequently undergoes any taxonomic alterations, such as reclassifying into a different genus or splitting into subspecies.
The Commission is considering changes to state regulations that would: (1) revise protocols for importation of leopard (Geochelone pardalis), African spurred (Geochelone sulcata) and Bell’s hingeback tortoises (Kinixys belliana); (2) prohibit the outdoor culture and harvest of Nile perches (family Latidae) from aquaculture facilities using fee fishing; (3) add the Northern largemouth bass (Micropterus salmoides salmoides) as a conditional species to prevent the genetic contamination of the native Florida subspecies; and (4) add the Quagga mussel (Dreissena bugensis) as a prohibited species, which has been as problematic as zebra mussels in the Great Lakes, and the genus Dreissena is on the federal list of injurious wildlife.
The effects of these rule changes will be stricter, more consistent regulations regarding the importation and possession of certain nonnative species, conditional species and prohibited species. These species are considered to be dangerous to the ecology and/or the health and welfare of the people of Florida. By adopting these regulations the State of Florida will be contributing to the effort to prevent introductions of non-native species.
SUMMARY: Rule 68-5.001, F.A.C. (Introduction of Non-native Species into the State) would be amended to codify eligibility requirements for issuance of research permits for conditional species, establish criteria for denial of research permits for conditional and prohibited species and revise protocols for importation of leopard, African spurred and Bell’s hingeback tortoises. Rule 68-5.002, F.A.C. (Conditional Non-native species) would be amended so that the owners of certain aquaculture facilities where Nile perches are possessed will be limited to using indoor facilities and prohibited from allowing take on a fee or for-hire basis using hook and line or rod and reel and that the Northern largemouth bass (Micropterus salmoides salmoides) would be added as a conditional species while allowing possession of hybrid bass on the Suwannee River and its tributaries and to the north and west of same. Rule 68-5.003, F.A.C. (Prohibited Non-native Species) would be amended so the Quagga mussel (Dreissena bugensis) would be added as a prohibited species. Quagga mussels are closely related to the zebra mussel, which is already a prohibited species.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ____or will not _X__have an impact on small business. A SERC has ____ or has not _X_been prepared by the agency.
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.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the regular meeting of the Commission, February 17-18, 2010, 8:30 a.m. – 5:00 p.m., each day
PLACE: Franklin County Courthouse, 33 Market Street, Apalachicola, FL 32320
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, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Yaun, Deputy General Counsel, Legal Office, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, FL 32399-1600
THE FULL TEXT OF THE PROPOSED RULE IS:
68-5.001 Introduction of Non-native Species into the State.
(1) No change.
(2) Conditional Non-native Species – No person shall import into the state, sell, possess, or transport any live specimens of the species or hybrids or eggs thereof listed in Rule 68-5.002, F.A.C., except as provided in paragraphs (a), (b) and (c) below: The species or hybrids or eggs thereof listed in Rule 68-5.002, F.A.C., may be possessed only pursuant to permit issued by the Executive Director, with the following restrictions.
(a) Such special permits may be issued only to individuals or institutions engaged in research, or to commercial import or export businesses, or to public aquaria, public zoological parks, or public exhibitors that have current accreditation by the Association of Zoos and Aquariums, the American Association of Museums or the Zoological Association of America providing educational exhibits. Special pPermits shall not be issued for display of these species in private aquaria, private zoological parks, or for personal possession.
(b) Individuals or institutions engaged in research will be issued such a special permit, provided the following requirements are met: Prior to the issuance of a permit to possess conditional non-native species, facilities where conditional species are to be kept and waters where their use is intended may be inspected by Commission personnel to assure that adequate safeguards exist to prevent escape or accidental release into the waters of the state.
1. Eligibility. A special permit for research involving conditional species will be issued only to a principal investigator who is a faculty member of a college or university, is affiliated with an accredited institution, or is a member of a federal, state or county agency.
2. A detailed research proposal shall accompany the application for the research permit. The proposal shall state with particularity research objectives, methodology and study duration, and outline planned safeguards to assure proper containment of the species. An annual record of progress toward the research project objectives will be maintained, and such research proposal and record of progress shall be available for inspection upon request of Commission personnel.
3. Applications for research involving conditional species may be denied based on lack of benefit to the State of Florida.
(c)(b) Prior to the issuance of a special permit to possess conditional non-native species, facilities where conditional species are to be kept and waters where their use is intended may be inspected by Commission personnel to assure that adequate safeguards exist to prevent escape or accidental release into the waters of the state.
(d)(c) Special pPermits for conditional freshwater fish and aquatic invertebrate species may be issued by the Commission subject to the following:
1. through 4. No change.
(3) Prohibited Non-native Species – No person shall import into the state, sell, possess, or transport any live specimens of the species or hybrids or eggs thereof listed in Rule 68-5.003, F.A.C., except as provided in paragraphs (a) and (b) below:
(a) Public aquaria, zoological parks, or public exhibitors that have with current accreditation by the American Zoo and Aquarium Association or the American Association of Museums may will be issued granted a special permit for public exhibition purposes.
(b) Individuals or institutions engaged in research may be granted such a special permit, provided the following requirements are met:
1. Eligibility. A special permit for research involving prohibited species may be issued only to a principal investigator who is a faculty member of a college or university, is affiliated with an accredited institution, or is a member of a federal, state or county agency.
2.1. A detailed research proposal shall accompany the application for the research permit. The proposal shall state with particularity research objectives, methodology and study duration, and outline planned safeguards per FWC laboratory protocols to assure proper containment of the species. An annual record of progress toward the research project objectives will be maintained, and such research proposal and record of progress shall be available for inspection upon request of Commission personnel.
3.2. All research on prohibited aquatic species shall be conducted in indoor facilities in containers or other confinement facilities designed to prevent escape and having no exterior water discharge or having a water discharge through a closed drain system that terminates in a dry-bed wastewater retention area with no public access pond.
4.3. All research on prohibited terrestrial wildlife species shall be conducted in indoor facilities in cages or other confinement facilities which to prevent escape.
5. Commission approved laboratory protocols will be followed for research involving prohibited species. In the event that there are no protocols for a given species on an application, laboratory protocols will be developed, submitted by the applicant and approved by the Commission before a permit will be issued.
6. All research facilities where research on prohibited species is to be conducted will be inspected by Commission personnel or an authorized representative of the Commission prior to issuance of a special permit. Scheduled and unannounced inspections may be conducted at any time during the permit period.
7. Applications for research involving prohibited species may be denied based on lack of benefit to the State of Florida.
8.4. The special permit will shall expire 12 months from the date of issuance. A new special permit will not be issued and shall not be renewed until a new application and detailed report of research findings is received and approved by the Commission. The report will shall include a description of activities undertaken in the permit period, progress toward research project objectives, and proposed additional activities to be undertaken during any renewal period. Such reports are public records subject to the requirements for public disclosure under Chapter 119, F.S.
(4) through (5) No change.
(6) No leopard tortoise (Geochelone pardalis), African spurred tortoise (Geochelone sulcata), or Bell’s hingeback tortoise (Kinixys belliana) shall be imported or transported into this state, without a special permit issued by the Commission. The basis for the issuance of such permit shall include:
(a) That tortoises imported on a single occasion will be inspected by a veterinarian and certified as being free of external parasites prior to being imported. Certified veterinary health certificates and the special permit application will be submitted to the Commission no less than 10 days before arrival of any tortoise. each shipment is accompanied by a veterinary certificate stating that all specimens are free from external parasites;
1. Containers used to transport tortoises will be incinerated within 24 hours of arrival in the state unless tortoises are being imported for a temporary event such as an expo, in which case containers used to transport tortoises will be disinfected prior to importation and will be incinerated or exported out of state within 72 hours.
(b) That shipments of tortoises imported on a recurring basis (mainly for commercial purposes) will be inspected by a veterinarian and certified as being free of external parasites prior to being imported. Written notice of each shipment, a copy of the tortoise import permit and certified veterinary health certificates for each tortoise that is to be imported will be submitted to the Commission no less than 10 days before arrival of any tortoise. all shipping containers used to transport such tortoises are incinerated within 24 hours;
1. Containers used to transport shipments of tortoises will be disinfected prior to importation and will be incinerated or exported out of state within 72 hours.
2. Residents that hold a valid special permit to import tortoises for commercial use will maintain a record of the sale/transfer of all specimens for a period of one year following the receipt of each shipment. This information will include the name(s) and address(es) of recipients and numbers of unsold tortoises including mortalities during the tracking period.
(c) Such other conditions as may be necessary to ensure that no tortoise infested with ticks capable of transmitting the Heartwater disease is imported into Florida.
(7) through (8) No change.
PROPOSED EFFECTIVE DATE: July 1, 2010.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-7-07, Amended 7-1-10.
68-5.002 Conditional Non-native Species.
Live specimens of the following species, including their taxonomic successors, subspecies, or hybrids or eggs thereof may be possessed only pursuant to permit issued by the Executive Director except with restrictions as provided in subsection 68-5.001(2), F.A.C.
(1) Non-native freshwater aquatic species.
(a) No change.
(b) Bony-tongue fishes (Family Arapaimidae Osteoglossidae, all species except silver arowana, Osteoglossum bicirrhosum).
1. Arapaima (Arapaima gigas)
2. Heterotis (Heterotis niloticus)
(c) through (g) No change.
(h) Nile perches (Genus Lates, all species). For owners of aquaculture facilities that are operating under permit or a certificate of registration, but which are not cultivating Nile perches as of April 11, 2007, and for owners of aquaculture facilities which are issued original permits or certificates of registration after April 11, 2007, Nile perches:
1. through 2. No change.
(i) No change.
(j) Wami tilapia (Oreochromis urolepis hornorum)
(k) through (q) No change.
(r) Arowanas (Family Osteoglossidae, all species except silver arowana, Osteoglossum bicirrhosum)
(s) Northern largemouth bass (Micropterus salmoides salmoides), except that intergrade largemouth bass (northern largemouth bass x Florida largemouth bass Micropterus salmoides floridanus) may be possessed in the Suwannee River and its tributaries and north and west of the Suwannee River.
(2) No change.
PROPOSED EFFECTIVE DATE: July 1, 2010.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-7-07, Amended 7-1-10.
68-5.003 Prohibited Non-native Species.
Live specimens of the following species, including their taxonomic successors, subspecies, or hybrids or eggs thereof may be possessed only pursuant to permit issued by the Executive Director No person shall import into the state, sell, possess, or transport any live specimens of the species, or hybrids or eggs thereof, of the species listed below, except as provided in subsection 68-5.001(3), F.A.C.
(1) Non-native freshwater aquatic species:
(a) No change.
(b) African tigerfishes (Genus Hydrocynus Subfamily Hydrocyninae, all species).
(c) through (d) No change.
(e) Freshwater electric eels (Electrophorus electricus Family Electrophoridae, all species).
(f) Lampreys (Family Petromyzontidae Petromyzonidae, all species).
(g) through (h) No change.
(i) Tilapias (Genera Tilapia, Sarotherodon, Alcolapia and Oreochromis, all species except Oreochromis aureus, Oreochromis urolepsis hornorum, Oreochromis mossambicus, and Oreochromis niloticus).
(j) through (n) No change.
(o) Quagga mussel (Dreissena bugensis).
(2) No change.
(3) Non-native marine species:
(a) through (d) No change.
(d) Genus Synanceia, all species.
(e) Pitted stonefish (Erosa erosa).
(f) Red rock cod (Scorpaena papillosa).
(g) Stonefish (Leptosynanceia asteroblepa).
(h) Stargazing stonefish (Trachicephalus uranoscopus).
PROPOSED EFFECTIVE DATE: July 1, 2010.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-7-07, Amended 7-1-10.
BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.W.