68A-27.0001: Purpose and Intent
68A-27.001: Definitions
68A-27.0011: Killing Endangered Species
68A-27.0012: Procedures for Listing, Delisting and Reclassifying Endangered, Threatened and Species of Special Concern
68A-27.002: Provision for Harassment of Endangered, Threatened and Species of Special Concern on Airport Property
68A-27.0021: Designation of Candidate Species; Prohibitions; Permits
68A-27.003: Designation of Endangered Species; Prohibitions; Permits
68A-27.004: Designation of Threatened Species; Prohibitions; Permits
68A-27.005: Designation of Species of Special Concern; Prohibitions; Permits
68A-27.006: Reward Program
68A-27.007: Permits and Authorizations for the Take of Florida Endangered and Threatened Species
PURPOSE AND EFFECT: The purpose and effect of these rule changes are to conserve or improve the status of endangered and threatened species by effectively reducing the risk of extinction through the use of a science-based process that is objective and quantifiable, that accurately identifies endangered and threatened species that are in need of special actions to prevent further imperilment, that identifies a framework for developing management strategies and interventions to reduce threats causing imperilment, and that prevents species from being threatened to such an extent that they become regulated and managed under the Federal Endangered Species Act.
SUMMARY: These rule changes include new rules stating the purpose and intent of the rule chapter, providing definitions for the rule chapter, and establishing a separate rule specifying permits required to take endangered and threatened species. The rule changes also make substantial revisions to the rule specifying the State’s list of endangered and threatened species, and to the rule specifying the processes for adding and removing species from the State’s list of endangered and threatened species. These changes establish a Florida Endangered and Threatened Species List that includes species listed as endangered or threatened by the Federal government as one component, and species listed as Threatened by the State as a second component. The State processes described in these rules are used to make changes to the State Threatened component of the list. Changes to the Federal component of the list are made to reflect changes made by the Federal government. The rule changes clarify that management plans must be established for species added to the State Threatened component of the list and species removed from either component of the list. The rule changes also establish a framework for permits required to take endangered and threatened 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: 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-27.0001 Purpose and Intent.
(1) The purpose and intent of this rule chapter is to conserve or improve the status of endangered and threatened species in Florida to effectively reduce the risk of extinction through the use of a science-informed process that is objective and quantifiable, that accurately identifies endangered and threatened species that are in need of special actions to prevent further imperilment, that identifies a framework for developing management strategies and interventions to reduce threats causing imperilment, and that will prevent species from being threatened to such an extent that they become regulated and managed under the federal Endangered Species Act of 1973, as amended, 16 U.S.C. §1531 et seq.
(2) The Commission shall include in its annual work plan the Florida Endangered and Threatened species it will focus on in the next fiscal year. Work shall include but not be limited to species evaluation requests, management plan development and implementation, and other conservation actions.
(3) The protections of this rule chapter shall not prohibit lawful hunting, fishing or other recreational activities when those activities result in annoyance or disturbance of Florida Endangered and Threatened Species.
(4) The Commission does not intend to prohibit actions taken on an emergency basis necessary to address public safety.
(5) This rule chapter is not intended to exercise regulatory authority over those species under Legislative authority. The Commission will continue to regulate those species to the extent authorized by Florida Statute.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History– New________.
68A-27.001 Definitions.
When used in this rule chapter, the terms and phrases listed below have the meaning provided:
(1) Florida Endangered and Threatened Species – species of fish or wild animal life, subspecies or isolated populations of species or subspecies, whether vertebrate or invertebrate, that are native to Florida which are endangered and threatened under Commission rule as either: (a) Federally-designated Endangered and Threatened species by virtue of designation as endangered or threatened by the United States Departments of Interior or Commerce under the Endangered Species Act, 16 U.S.C. § 1531, et seq. and rules thereto or (b) as a State-designated Threatened species. Florida Endangered and Threatened species retain their status regardless of subsequent changes in scientific nomenclature or subsequent identification of species or subspecies within the species listed.
(2) Federally-designated Endangered and Threatened Species – species of fish or wild animal life, subspecies or isolated populations of species or subspecies, whether vertebrate or invertebrate, that are native to Florida and are classified as Endangered and Threatened under Commission rule by virtue of designation by the United States Departments of Interior or Commerce as endangered or threatened under the Federal Endangered Species Act, 16 U.S.C. § 1531 et seq. and rules thereto.
(3) State-designated Threatened Species – As designated by the Commission, species of fish or wild animal life, subspecies, or isolated population of a species or subspecies, whether vertebrate or invertebrate, that are native to Florida and are classified as Threatened as determined by paragraph (a), (b), (c), (d), or (e) below in accordance with Rule 68A-27.0012, F.A.C. The designation of a species as threatened shall include all subspecies unless stated otherwise in Commission rule.
(a) Reduction in population size based on any of the following:
1. An observed, estimated, inferred or suspected population size reduction of at least 50% over the last 10 years or three generations, whichever is the longer, where the causes of the reduction are: clearly reversible and understood and ceased, based on (and specifying) any of the following:
a. Direct observation,
b. An index of abundance appropriate to the taxon,
c. A decline in area of occupancy, extent of occurrence and/or quality of habitat,
d. Actual or potential levels of exploitation,
e. The effects of introduced taxa, hybridization, pathogens, pollutants, competitors or parasites.
2. An observed, estimated, inferred or suspected population size reduction of at least 30% over the last 10 years or three generations, whichever is the longer, where the reduction or its causes may not have ceased or may not be understood or may not be reversible, based on (and specifying) any of sub-subparagraph (a)1.a. to (a)1.e., above.
3. A population size reduction of at least 30%, projected or suspected to be met within the next 10 years or three generations, whichever is the longer (up to a maximum of 100 years), based on (and specifying) any of sub-subparagraph (a)1.b. to (a)1.e., above.
4. An observed, estimated, inferred, projected or suspected population size reduction of at least 30% over any 10 year or three generation period, whichever is longer (up to a maximum of 100 years in the future), where the time period must include both the past and the future, and where the reduction or its causes may not have ceased or may not be understood or may not be reversible, based on (and specifying) any of sub-subparagraph (a)1.a. to (a)1.e, above.
(b) Geographic range in the form of either subparagraph (b)1. (extent of occurrence) or (b)2. (area of occupancy) or both:
1. Extent of occurrence estimated to be less than 20,000 square kilometers (7,722 square miles), and estimates indicating at least two of a.-c.:
a. Severely fragmented or known to exist at no more than 10 locations.
b. Continuing decline, observed, inferred or projected, in any of the following:
(i) extent of occurrence,
(ii) area of occupancy,
(iii) area, extent and/or quality of habitat,
(iv) number of locations or subpopulations,
(v) number of mature individuals.
c. Extreme fluctuations in any of the following:
(i) extent of occurrence,
(ii) area of occupancy,
(iii) number of locations or subpopulations,
(iv) number of mature individuals.
2. Area of occupancy estimated to be less than 2,000 square kilometers (772 square miles), and estimates indicating at least two of a.-c.:
a. Severely fragmented or known to exist at no more than 10 locations.
b. Continuing decline, observed, inferred or projected, in any of the following:
(i) extent of occurrence,
(ii) area of occupancy,
(iii) area, extent and/or quality of habitat,
(iv) number of locations or subpopulations,
(v) number of mature individuals.
c. Extreme fluctuations in any of the following:
(i) extent of occurrence,
(ii) area of occupancy,
(iii) number of locations or subpopulations,
(iv) number of mature individuals.
(c) Population size estimated to number fewer than 10,000 mature individuals and either:
1. An estimated continuing decline of at least 10% within 10 years or three generations, whichever is longer, (up to a maximum of 100 years in the future); or
2. A continuing decline, observed, projected, or inferred, in numbers of mature individuals and at least one of the following (a.-b.):
a. Population structure in the form of one of the following:
(i) no subpopulation estimated to contain more than 1000 mature individuals; or
(ii) all mature individuals are in one subpopulation.
b. Extreme fluctuations in number of mature individuals.
(d) Population very small or restricted in the form of either of the following:
1. Population size estimated to number fewer than 1000 mature individuals.
2. Population with a very restricted area of occupancy (typically less than 20 square kilometers [8 square miles]) or number of locations (typically five or fewer) such that it is prone to the effects of human activities or stochastic events within a very short time period in an uncertain future, and is thus capable of becoming endangered or threatened or even extinct in a very short time period.
(e) Quantitative analysis showing the probability of extinction in the wild is at least 10% within 100 years.
(4) Take – to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in such conduct. The term “harm” in the definition of take means an act which actually kills or injures fish or wildlife. Such act shall include acts that actually kill or injure wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. The term “harass” in the definition of take means an intentional or negligent act or omission which creates the likelihood of injury to wildlife. “Harass” shall include annoying fish or wildlife only if the annoyance creates the likelihood of injury by significantly disrupting normal behavioral patterns which include, but are not limited to, breeding, feeding or sheltering.
(5) Incidental take – any taking otherwise prohibited, if such taking is incidental to, and not the purpose of the carrying out of an otherwise lawful activity.
(6) Management plan – a document created or adopted by the Commission with the purpose of providing guidance for the management of the species. The intent of management plans is to provide guidance to conserve species so that their status improves and the species can be removed from the Florida Endangered and Threatened Species list as well as to provide guidance to conserve the species so that they will not again need to be listed. It shall be a comprehensive, single-species management plan; or a document involving a multi-species plan; or a document indicating the specified rule or rules; or a reference to a federal recovery plan that will be used for guidance in the management of the species. The management plan shall address biological status; identify measurable conservation objectives, including a time frame; identify any exempt activities if appropriate; identify conservation actions; identify incentives if appropriate; recommend rules for species if warranted; address anticipated economic, ecological, and social impacts of implementing or not implementing the management plan; and include a revision schedule.
(7) Native – a species, subspecies or isolated populations of species or subspecies that occur naturally in Florida or that has been reintroduced into its historic range, rather than occurring in Florida as a result of accidental or deliberate introduction by humans.
(8) Candidate species – A species of fish or wild animal life, subspecies, or isolated populations of species or subspecies, whether invertebrate or vertebrate, that the Commission has determined warrants listing as a State-designated Threatened Species in accordance with Rule 68A-27.0012, F.A.C., and is awaiting final Commission action to be added to the list of Florida Endangered and Threatened Species in Rule 68A-27.003, F.A.C.
(9) Isolated population – A significant and discrete population of a species or subspecies of fish or wild animal life that is reproductively separated from other populations of the same species or subspecies as a consequence of physical, ecological, or other factors.
(10) Data deficient – the condition where a species was evaluated and found to have insufficient scientific and commercial data to recommend a listing status for the species.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History– New________.
68A-27.0011 Killing Endangered Species.
No person shall intentionally kill, attempt to kill or wound any endangered species that is both as designated in Rule 68A-27.003, F.A.C. and designated in 50 C.F.R. 17.11 as endangered.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 7-1-84, Formerly 39-27.011, Amended 4-13-88, Formerly 39-27.0011, Amended________.
(Substantial rewording of Rule 68A-27.0012 follows. See Florida Administrative Code for present text.)
68A-27.0012 Procedures for Listing, and Removing Species from Florida’s and Reclassifying Endangered and, Threatened and Species List of Special Concern.
(1) Federally-designated Endangered and Threatened Species. Species which are native to Florida and which are designated as Endangered or Threatened under the Federal Endangered Species Act (ESA), 15 U.S.C. § 1531 et seq. and rules thereto will be listed by the Commission as a Florida Endangered and Threatened Species by virtue of the federal designation. If a species native to Florida is added or reclassified under the ESA, the species shall be so listed or reclassified in the Florida Endangered and Threatened Species rule pursuant to the notice provisions of Section 120.54(6), F.S. relating to adoption of federal standards. Before species that have been removed from the ESA are removed from the Florida Endangered and Threatened Species rule, they shall receive a biological status review according to subparagraph (2)(c)2., to determine if the species warrants listing as a state-designated species. Prior to any species being removed from the Florida Endangered and Threatened Species list, the Commission shall develop a management plan that is intended to maintain or enhance the conservation of that species.
(2) State-designated Threatened Species.
(a) Notwithstanding the provisions contained in this subsection, these procedures shall not be applied to the following species:
1. Federally-designated Endangered and Threatened species, except when those species are scheduled to be removed from the federal list,
2. Species not native to Florida,
3. Harvested species that are monitored through periodic stock assessments or other techniques and are the subject of any rule in Title 68, F.A.C. that allows harvest.
4. Species whose occurrence in Florida is only accidental.
(b) Requesting the evaluation of a species for listing or removal from the State-designated Threatened species list.
1. Persons requesting that the Commission list on or remove a species from the State-designated Threatened species list must submit a written species evaluation request to the Commission through the Division of Habitat and Species Conservation, Tallahassee, Florida. The Commission can also initiate species evaluation requests. Species evaluation requests shall be submitted from January 1 through June 30 and will be reviewed for completeness and considered for evaluation in the listing process from July 1 through September 30.
2. Species evaluation requests shall be clearly identified as such, and must contain the following in order to be considered complete:
a. The name, address, and signature of the person or persons submitting the request,
b. Scientific and common name of the species,
c. Sufficient information on the biology and distribution of the species to warrant investigation of its status using the criteria contained in the definition of a State-designated Threatened species. For listing requests, this information shall also include a biological score calculated according to the process initially described in Millsap, B. A., J. A. Gore, D. E. Runde, and S. I. Cerulean, Wildlife Monographs: Setting Priorities for the Conservation of Fish and Wildlife Species in Florida (Wildlife Monographs 111, July 1990, and as subsequently modified), the data, or references to data, and the score assigned for each biological variable used to determine the biological score. The information submitted with the request must include or reference the best scientific and commercial data available regarding the species.
3. Incomplete species evaluation requests, including requests which do not include or reference the best scientific and commercial data available, will be returned to the requestor with insufficiencies clearly noted in writing. Corrected species evaluation requests may be resubmitted for consideration outside the submission time period identified in 1. above if resubmitted within 30 days of being returned. Corrected species evaluation requests resubmitted more than 30 days after being returned must be submitted within the time period identified in subparagraph 1., above.
4. Complete species evaluation requests will be evaluated in accordance with the provisions in paragraph (2)(c) for listing or (3)(b) for removal from the list.
5. Emergency listing requests may be submitted at any time and, if in the opinion of the Executive Director, immediate designation of a species as a State-designated Threatened species is essential to prevent imminent extinction, such listing may be effected on a temporary basis by Executive Order; provided that the Executive Order shall be approved or terminated at the next regularly scheduled meeting of the Commission. Commission staff shall, within 365 days after the effective date of such approval, conduct the evaluations prescribed in paragraphs (2)(c), (2)(d), and (2)(e) of this rule to determine if the species should be listed as State-designated Threatened. The Commission shall take final action on the listing at the next regularly scheduled meeting following the 365-day evaluation period.
(c) Determining if listing is warranted.
1. Biological vulnerability screening – The Commission staff shall review the information used to determine the biological score submitted with the species evaluation request. Using that information, and all other available scientific and commercial information staff shall determine a final biological score for the species for the purpose of further reviewing the species evaluation request.
a. If the final biological score is greater than or equal to 27, then the species evaluation request will be further evaluated under subparagraph (c)2. Biological Status Review below.
b. If the final biological score is less than 19, then no further action will be taken on the request and the requester will be notified of the score.
c. If the final biological score is greater than or equal to 19 and less than 27, then staff shall review the submitted and other available information on population trend, population size, extent of occurrence, area of occupancy, and quantitative analyses to recommend to the Commission whether the species evaluation request will be further evaluated under subparagraph (c)2. Biological Status Review below or returned to the requestor with no further action taken.
d. If the data and analysis within a request demonstrate that the species would qualify for listing by meeting at least one of the listing criteria for a State-designated Threatened species in Rule 68A-27.001, F.A.C., regardless of the biological score, then the species evaluation request will be further evaluated under subparagraph (c)2. Biological Status Review below.
2. Biological Status Review.
a. The Commission shall establish an annual work plan for investigating species evaluation requests meeting the biological vulnerability screening threshold, which considers the Commission’s conservation priorities and available resources. The work plan shall establish a deadline for completion of each biological status review. Complete species evaluation requests meeting the biological vulnerability screening threshold not identified for staff action will be reconsidered each subsequent year.
b. The Commission staff shall provide notification to parties who request such notification and shall publish in the Florida Administrative Weekly a solicitation for information on the biological status of the species being evaluated. Written comments regarding biological status shall be accepted by the Commission for a period of no less than 45 days following public notice.
c. Commission staff shall recommend and the Commission shall designate a biological review group of scientists with demonstrated knowledge of species conservation and management that consists of an odd number of three to seven members. The biological review group shall use information provided in the species evaluation request, information obtained from the public, the definition of a State-designated Threatened species in Rule 68A-27.001, F.A.C., and the best available scientific and commercial biological data on the status of the species to determine if the species status meets the criteria for listing as a State-designated Threatened species. When assessing a species, this group shall follow the most recent versions of “Guidelines for Using the IUCN Red List Categories and Criteria” and “Guidelines for Application of IUCN Red List Criteria at Regional Levels” available at www.iucnredlist.org. The Commission staff shall present the group’s findings in a biological status report, and shall include a recommendation on whether or not the species status meets the criteria for listing as a State-designated Threatened species based on the IUCN guidelines and criteria in Rule 68A-27.001, F.A.C. In addition, the Staff may provide within the report a biologically-justified opinion that differs from the criteria-based finding.
d. Commission staff shall seek a minimum of three independent scientists to conduct reviews focused on the science used in the biological status report, including methodologies, data, analyses, and interpretations. Reviewers will be provided no less than 45 days to comment on the biological status report.
e. The Commission shall consider the biological status report, independent scientific reviews received, and public comments regarding the biological status in making a final determination whether listing a species is warranted.
f. The nongame work plan will include species that did not qualify as threatened in this section but were identified during the process as needing special attention to prevent future listing. This work plan will be used to set priorities for nongame management and conservation actions.
g. If a species is determined by the Commission to warrant listing, the Commission shall:
i. Establish a deadline for developing a management plan for the species as described in paragraph (2)(d) below, considering the recommendation of staff and other interested parties.
ii. Add the species to the list of candidate species in Rule 68A-27.0021, F.A.C., and the protective provisions therein shall apply to the species.
(d) Developing management plans.
1. A management plan will be developed for species that the Commission has determined warrant listing before final action is taken to list the species.
2. Within 45 days following the meeting where the Commission determined that listing was warranted, the Commission shall provide notification to parties who request such notification and shall publish in the Florida Administrative Weekly a solicitation of information on the conservation needs of the species, and any economic and social factors that should be considered in its management. Written comments regarding conservation needs and economic and social factors to consider in creating the management plan shall be accepted by the Commission for a period of no less than 45 days following public notice.
3. The Commission staff shall use information obtained from the public and other available information to develop a draft management plan for each species that the Commission has determined warrants listing. The positive and negative social and economic impacts shall be considered in creation of the draft management plan.
4. The Commission staff shall provide notification to parties who request such notification and shall publish in the Florida Administrative Weekly a notice of the availability of the draft management plan. Written comments regarding conservation recommendations and expected economic and social impacts of implementation of the management plan shall be accepted by the Commission for a period of no less than 45 days following public notice.
(e) Final Commission action on the species evaluation request shall include:
1. Acceptance of the management plan.
2. Deletion of the species from the candidate species list in Rule 68A-27.0021, F.A.C., if appropriate, and changes to Rule 68A-27.003, F.A.C., in accordance with the determination made in paragraph (2)(c) of this rule.
3. Adoption of any proposed rules submitted in support of the management plan.
(3) Criteria for removal from the State-designated Threatened species list are as follows:
(a) Species listed as State-designated Threatened species as of the effective date of this rule: Management plans will be developed for the species listed in this rule and the species will be evaluated under the listing criteria in subsection 68A-27.001(3), F.A.C. Species that are determined to be data deficient pursuant to the Guidelines for Using the IUCN Red List Categories and Criteria shall not be removed from the State-designated Threatened species list.
(b) All State-designated Threatened species listed after the effective date of this rule: Individuals may submit species evaluation requests for removing species from the list as described in the species evaluation request process in paragraph (2)(b). Species shall be removed from the State-designated Threatened species list if they do not meet any of the criteria in Rule 68A-27.001, F.A.C., in accordance with the Guidelines for Using the IUCN Red List Categories and Criteria.
(4) There is a moratorium for two years after the effective date of this rule on new requests for listing or removal of species to or from the State-designated Threatened Species list, except for emergency actions, in order to facilitate development of management plans for species currently on this list.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-23-99, Formerly 39-27.0012, Amended 7-1-03, 5-26-05, ________.
68A-27.002 Provision for Harassment of Endangered, Threatened and Species of Special Concern on Airport Property.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, 7-1-84, 7-1-85, Formerly 39-27.02, Amended 6-1-86, 5-10-87, 4-13-88, 4-11-90, 6-23-98, 6-23-99, Formerly 39-27.002, Amended 7-1-08, Repealed________.
68A-27.0021 Designation of Candidate Species; Prohibitions; Permits.
(1) The species in subsection (3) are hereby declared to be candidate species for inclusion in Rule 68A-27.003, 68A-27.004 or 68A-27.005, F.A.C.
(2) No person shall intentionally engage in direct take of any candidate species except as authorized by specific permit from the Executive Director.
(3) The following species are hereby declared to be candidate species: none.
Rulemaking Specific Authority: Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 6-23-99, Formerly 39-27.0021, Amended 4-30-00, 5-1-01,________.
(Substantial rewording of Rule 68A-27.003 follows. See Florida Administrative Code for present text.)
68A-27.003 Florida Endangered and Threatened Species; Prohibitions; Permits.
(1) Federally-designated Endangered and Threatened species:
(a) No person shall take, possess, or sell any of the endangered or threatened species included in this subsection, or parts thereof or their nests or eggs except as allowed by specific federal or state permit or authorization.
(b) The following Federally-designated Endangered and Threatened species shall be afforded the protection afforded under Commission rules and Florida Statutes and under the Federal Endangered Species Act, 16 U.S.C. § 1531 et seq. and its implementing regulations. Species classified as endangered are identified below by (E) and threatened as (T).
(c) Fish:
1. Gulf sturgeon (Acipenser oxyrinchus desotoi)(T),
2. Okaloosa darter (Etheostoma okaloosae)(E),
3. Shortnose sturgeon (Acipenser brevirostrum)(E),
4. Smalltooth sawfish (Pristis pectinata)(E).
(d) Amphibians:
1. Frosted flatwoods salamander (Ambystoma cingulatum)(T),
2. Reticulated flatwoods salamander (Ambystoma bishopi)(E).
(e) Reptiles:
1. American alligator (Alligator mississippiensis)(T); Listed only because of similarity of appearance to the American crocodile,
2. American crocodile (Crocodylus acutus)(T),
3. Atlantic salt marsh snake (Nerodia clarkii taeniata)(T),
4. Bluetail mole skink (Eumeces egregius lividus)(T),
5. Eastern indigo snake (Drymarchon corais couperi)(T),
6. Green seaturtle (Chelonia mydas)(E),
7. Hawksbill seaturtle (Eretmochelys imbricata)(E),
8. Kemp’s ridley seaturtle (Lepidochelys kempii)(E),
9. Leatherback seaturtle (Dermochelys coriacea)(E),
10. Loggerhead seaturtle (Caretta caretta)(T),
11. Sand skink (Neoseps reynoldsi)(T).
(f) Birds:
1. Audubon’s crested caracara (Polyborus plancus audubonii (T),
2. Bachman’s warbler (Vermivora bachmanii)(E),
3. Cape Sable seaside sparrow (Ammodramus maritimus mirabilis)(E),
4. Everglade snail kite (Rostrhamus sociabilis plumbeus)(E),
5. Eskimo curlew (Numenius borealis)(E),
6. Florida grasshopper sparrow (Ammodramus savannarum floridanus)(E),
7. Florida scrub-jay (Aphelocoma coerulescens)(T),
8. Ivory-billed woodpecker (Campephilus principalis)(E),
9. Kirtland’s warbler (Dendroica kirtlandii)(E),
10. Piping plover (Charadrius melodus)(T),
11. Red-cockaded woodpecker (Picoides borealis)(E),
12. Roseate tern (Sterna dougallii dougallii)(T),
13. Whooping crane (Grus americana)(E); Listed as experimental population in Florida,
14. Wood stork (Mycteria americana)(E).
(g) Mammals:
1. Anastasia Island beach mouse (Peromyscus polionotus phasma)(E),
2. Caribbean monk seal (Monachus tropicalis)(E),
3. Choctawhatchee beach mouse (Peromyscus polionotus allophrys)(E),
4. Finback whale (Balaenoptera physalus)(E),
5. Florida manatee (Trichechus manatus latirostris)(E),
6. Florida panther (Puma (=Felis) concolor coryi)(E),
7. Florida salt marsh vole (Microtus pennsylvanicus dukecampbelli)(E),
8. Gray bat (Myotis grisescens)(E),
9. Gray wolf (Canis lupus)(E),
10. Humpback whale (Megaptera novaeangliae)(E),
11. Indiana bat (Myotis sodalis)(E),
12. Key deer (Odocoileus virginianus clavium)(E). No person shall feed Key deer (Odocoileus virginianus clavium) by hand or by placing any food that serves to attract such species,
13. Key Largo cotton mouse (Peromyscus gossypinus allapaticola)(E),
14. Key Largo woodrat (Neotoma floridana smalli)(E),
15. Lower Keys marsh rabbit (Sylvilagus palustris hefneri)(E),
16. North Atlantic right whale (Eubalaena glacialis)(E),
17. Perdido Key beach mouse (Peromyscus polionotus trissyllepsis)(E),
18. Red wolf (Canis rufus)(E),
19. Rice rat (Oryzomys palustris natator (E); Lower Keys population west of 7-mile bridge,
20. Sei whale (Balaenoptera borealis)(E),
21. Silver rice rat (Oryzomys argentatus)(E),
22. Southeastern beach mouse (Peromyscus polionotus niveiventris)(T),
23. Sperm whale (Physeter macrocephalus)(E),
24. St. Andrew beach mouse (Peromyscus polionotus peninsularis)(E).
(h) Corals:
1. Elkhorn coral (Acropora palmata)(T),
2. Staghorn coral (Acropora cervicornis)(T).
(i) Crustaceans:
Squirrel Chimney Cave shrimp (Palaemonetes cummingi)(T).
(j) Insects:
1. American burying beetle (Nicrophorus americanus)(E),
2. Schaus swallowtail butterfly (Heraclides aristodemus ponceanus)(E).
(k) Mollusks:
1. Chipola slabshell mussel (Elliptio chiplolaensis)(T),
2. Fat three-ridge mussel (Amblema neislerii)(E),
3. Gulf moccasinshell mussel (Medionidus penicillatus)(E),
4. Ochlockonee moccasinshell mussel (Medionidus simpsonianus)(E),
5. Oval pigtoe mussel (Pleurobema pyriforme)(E),
6. Purple bankclimber mussel (Elliptoideus sloatianus)(T),
7. Shinyrayed pocketbook mussel (Lampsilis subangulata)(E),
8. Stock Island tree snail (Orthalicus reses)(T).
(2) State-designated Threatened species.
(a) No person shall take, possess, or sell any threatened species included in this subsection or parts thereof or their nests or eggs except as authorized by Commission rule or by permit from the Commission.
(b) The species in this subsection are hereby declared to be State-designated Threatened Species, and shall be afforded the protective provisions specified.
(c) Fish:
1. Blackmouth shiner (Notropis melanostomus),
2. Crystal darter (Crystallaria asprella),
3. Key silverside (Menidia conchorum).
(d) Reptiles:
1. Florida brown snake (Storeria victa); lower Keys population only,
2. Peninsula ribbon snake (Thamnophis sauritus sackenii); lower Keys population only,
3. Gopher tortoise. The Gopher tortoise (Gopherus polyphemus) 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.
4. Key ringneck snake (Diadophis punctatus acricus),
5. Rim rock crowned snake (Tantilla oolitica),
6. Short-tailed snake (Stilosoma extenuatum),
7. Striped mud turtle (Kinosternon baurii); lower Keys population only.
(e) Birds:
1. Florida sandhill crane (Grus canadensis pratensis),
2. Least tern (Sterna antillarum),
3. Snowy plover (Charadrius alexandrinus),
4. Southeastern American kestrel (Falco sparverius paulus),
5. White-crowned pigeon (Patagioenas leucocephala).
(f) Mammals:
1. Big Cypress fox squirrel (Sciurus niger avicennia),
2. Everglades mink (Neovison vison evergladensis),
3. 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,
4. Florida mastiff bat (Eumops glaucinus floridanus).
(g) Corals:
Pillar coral (Dendrogyra cylindricus)
(h) Insects:
Miami blue butterfly (Cyclargus [ = Hemiargus] thomasi bethunebakeri) The Miami blue butterfly (Cyclargus [ = Hemiargus] thomasi bethunebakeri), shall be afforded the protective provisions specified in this subsection. No person shall take, harm, harass, possess, sell, or transport any Miami blue butterfly (Cyclargus [ = Hemiargus] thomasi bethunebakeri), or parts thereof or their eggs, larvae or pupae except as authorized by permit from the executive director. Permits will be issued based upon whether issuance would further management plan goals and objectives.
Rulemaking 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, 7-1-84, 7-1-85, Formerly 39-27.03, Amended 6-1-86, 5-10-87, 4-27-89, 9-14-93, 6-23-99, Formerly 39-27.003. Amended 12-16-03,________.
68A-27.004, Designation of Threatened Species; Prohibitions; Permits.
Rulemaking 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, 11-8-07, 5-15-08, Repealed________.
68A-27.005 Designation of Species of Special Concern; Prohibitions; Permits.
(1) During the moratorium created in subsection 68A-27.0012(4), F.A.C: Management plans will be developed for the species listed in this rule and the species will be evaluated under the listing criteria in subsection 68A-27.001(3), F.A.C., for listing as a State-designated Threatened species. If the Commission determines that the species warrants listing as a State-designated Threatened species, final Commission action on the listing shall include removing reference to the species from this rule. If the species evaluation demonstrates the species does not qualify for listing as a State-designated Threatened species, the Commission will remove the species from this rule upon completion of a management plan. Species that are determined to be data deficient pursuant to the Guidelines for Using the IUCN Red List Categories and Criteria shall not be removed from the Species of Special Concern list.
(2)(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 subsection 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. For purposes of this section, the definition of the word take in Rule 68A-1.004, F.A.C., applies.
(b) Fish:
1. Atlantic sturgeon (Acipenser oxyrinchus),
2. Bluenose shiner (Pteronotropis welaka),
3. Harlequin darter (Etheostoma histrio),
4. Lake Eustis pupfish (Cyprinodon hubbsi),
5 Rivulus (Rivulus marmoratus),
6. Saltmarsh topminnow (Fundulus jenkinsi),
7. Southern tessellated darter (Etheostoma olmstedi maculaticeps).
(c) Amphibians:
1. Florida bog frog (Lithobates okaloosae),
2. Georgia blind salamander (Haideotriton wallacei),
3. Gopher frog (Lithobates capito),
4. Pine Barrens treefrog (Hyla andersonii).
(d) Reptiles:
1. Alligator snapping turtle (Macrochelys temminckii),
2. Barbour’s map turtle (Graptemys barbouri),
3. Florida Keys mole skink (Eumeces egregius egregius),
4. Florida pine snake (Pituophis melanoleucus mugitus),
5. Red rat snake (Elaphe guttata); lower Keys population only,
6. Suwannee cooter (Pseudemys suwanniensis).
(e) Birds:
1. American oystercatcher (Haematopus palliatus),
2. Black skimmer (Rynchops niger),
3. Brown pelican (Pelecanus occidentalis),
4. Burrowing owl (Athene cunicularia),
5. Limpkin (Aramus guarauna),
6. Little blue heron (Egretta caerulea),
7. Marian’s marsh wren (Cistothorus palustris marianae),
8. Osprey (Pandion haliaetus); Monroe County population only,
9. Reddish egret (Egretta rufescens),
10. Roseate spoonbill (Platalea ajaja),
11. Scott’s seaside sparrow (Ammodramus maritimus peninsulae),
12. Snowy egret (Egretta thula),
13. Tricolored heron (Egretta tricolor),
14. Wakulla seaside sparrow (Ammodramus maritimus juncicola),
15. White ibis (Eudocimus albus),
16. Worthington’s marsh wren (Cistothorus palustris griseus).
(f) Mammals:
1. Eastern chipmunk (Tamias striatus),
2. Florida mouse (Podomys floridanus),
3. Homosassa shrew (Sorex longirostris eonis),
4. Sanibel Island rice rat (Oryzomys palustris sanibeli),
5. Sherman’s fox squirrel (Sciurus niger shermani),
6. Sherman’s short-tailed shrew (Blarina carolinensis shermani).
(g) Mollusks:
Florida treesnail (Liguus fasciatus)
(h) Crustaceans:
1. Black Creek crayfish, also known as Spotted royal crayfish (Procambarus pictus),
2. Panama City crayfish (Procambarus econfinae),
3. Santa Fe Cave crayfish (Procambarus erythrops).
Rulemaking 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, 6-21-82, 7-1-84, 7-1-85, Formerly 39-27.05, Amended 6-1-86, 5-10-87, 4-27-89, 10-22-92, 5-26-94, 6-23-99, Formerly 39-27.005, Amended 2-27-01, 5-1-01, 9-29-03, 6-1-06, 11-8-07,________.
68A-27.006 Reward Program.
In order to implement a reward program for the reporting of illegal killing, wounding or wrongful possession of Florida Endangered and or Threatened Species as defined herein the Commission establishes the following schedule and procedures.
(1) The Commission will receive information through its Wildlife Alert Reward Program WATS lines in the respective regional offices of the five regions. The party providing calling in the information will be identified by a code only and all names, if given, will be kept confidential unless the party specifically authorizes the use of his or her name. Information will be given to the party on the method to maintain contact with the Commission in order to properly pursue the matter.
(2) Upon conviction based upon the information received the party supplying information which leads to such conviction will be transmitted a reward funds determined by a predetermined schedule in the following manner:
(a) If the party authorizes the use of his name a check in the appropriate amount will be forwarded directly to the party.
(b) If this party desires to remain anonymous a check in the appropriate amount will be made out to the regional enforcement supervisor and the regional manager of the involved region. After endorsement by both parties the check will be cashed and the money delivered by the regional enforcement supervisor and the regional manager to the party at a mutually agreeable time and place.
(3) Payment for information received which leads to a conviction will be according to the following schedule:
(a) Category I – Conviction for the unlawful taking or attempting to take or possession of an endangered or threatened species will be $250.
(b) Category II – Conviction for selling or attempting to sell or for the unlawful taking or attempting to take or for possession of more than one endangered or threatened species will be $500.
(c) Category III – Conviction for either a category I or a category II offense where the circumstances of the case show a flagrant or total disregard for the concept of the threatened or endangered species program, payment of an amount to be determined by the Commission on an individual case basis.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const., 379.2292 FS. History–New 10-23-79, Amended 7-1-83, Formerly 39-27.06, 39-27.006, Amended ________.
68A-27.007 Permits and Authorizations for the take of Florida Endangered and Threatened Species.
(1) Permit requirements for the taking of Federally-designated Endangered and Threatened Species: The purpose of this subsection is to eliminate the need for both federal and state permits for take of Federally-designated Endangered and Threatened Species. Activities that result in take of Federally-designated Endangered and Threatened Species do not require a permit from the Commission when authorized by the U.S. Fish and Wildlife Service or the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service pursuant to 16 U.S.C. Section 1539, or other authorization provided by 16 U.S.C. Section 1536. The Commission permit or other authorization will only be issued to take Federally-designated Endangered and Threatened Species if specifically authorized under a written agreement or regulatory delegation by the U.S. Fish and Wildlife Service or the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service provided that the issuance shall not be inconsistent with federal law.
(2) The permit requirements for the taking of a State-designated Threatened species are as follows:
(a) Intentional take: The Commission may issue permits authorizing intentional take of Florida State-designated Threatened species for scientific or conservation purposes which will benefit the survival potential of the species. For purposes of this rule, a scientific or conservation purpose shall mean activities that further the conservation or survival of the species, including collection of scientific data needed for conservation or management of the species. The following factors shall be considered in determining whether there is a scientific or conservation purpose which will benefit the survival potential of the species;
1. Whether the purpose for which the permit required is adequate to justify removing specimens of the species if removed from the wild;
2. The probable direct or indirect effect which issuing the permit would have on the wild population of the species sought to be taken;
3. Whether the permit would conflict with any program intended to enhance the survival of the species sought to be taken;
4. Whether the purpose of the permit would likely reduce the threat of extinction for the species sought to be taken;
5. The opinions or views of scientists or other persons or organizations having expertise concerning the species sought to be taken;
6. Whether the expertise, facilities, or other resources available to the applicant are adequate to successfully accomplish the objective stated in the application.
(b) Incidental take: The Commission may issue permits authorizing incidental take of State-designated Threatened species upon a conclusion that the permitted activities and all proposed mitigation will provide an overall conservation benefit for the species and no negative impact on the survival potential of the species. Factors which shall be considered in determining whether a permit may be granted are:
1. The objectives of a federal recovery plan or a state management plan for the species sought to be taken;
2. The foreseeable long range impact over time if take of the species is authorized;
3. The impacts to other fish and wildlife species if take is authorized;
4. The extent of injury, harm or loss of the species;
5. Whether the incidental take could reasonably be avoided, minimized or mitigated by the permit applicant;
6. Human safety; and
7. Other factors relevant to the conservation and management of the species.
(c) Land management activities that benefit wildlife or agriculture, as defined in Section 570.02, Florida Statutes, conducted in accordance with Department of Agriculture and Consumer Service’s adopted best management practices and that are not inconsistent with Management Plans for species as defined in this rule chapter are authorized and do not require a permit authorizing incidental take despite any other provision of this section.
(d) Wildlands fire suppression actions necessary to ensure public safety during emergency circumstances are authorized and do not require a permit authorizing incidental take despite any other provision of this section, unless specified in management plans for species as defined in this rule chapter.
(e) Take of marine life identified as a Florida Endangered and Threatened Species will be permitted pursuant to the provisions of Chapter 68B-8, F.A.C.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New________.
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.