68A-1.004: Definitions
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 are revising definitions in conjunction with rule changes being made to Chapter 68A-27, F.A.C., related to imperiled 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-1.004 Definitions.
The following definitions are for the purpose of carrying out the provisions of the rules of the Fish and Wildlife Conservation Commission relating to wild animal life and freshwater aquatic life. As used herein, the singular includes the plural. The following shall be construed respectively to mean:
(1) through (18) No change.
(19) Candidate species – A species, subspecies, or isolated population of a species or subspecies, which has been determined by the Commission to warrant listing under Rule 68A-27.003, 68A-27.004 or 68A-27.005, F.A.C., but for which actual listing in the aforementioned rules is pending development of a management plan.
(20) through (29) renumbered (19) through (28) No change.
(30) Direct take – Intentionally pursuing, hunting, capturing, killing, or destroying fish or wildlife or the nests, eggs, homes or dens of fish or wildlife.
(31) Endangered species – As designated by the Commission, a species, subspecies, or isolated population of a species or subspecies which is so few or depleted in number or so restricted in range or habitat due to any man-made or natural factors that it is in imminent danger of extinction, or extirpation from Florida, as determined by paragraph (a), (b), (c), (d), or (e) below in accordance with Rule 68A-27.0012, F.A.C.
(a) Reduction in population size based on any of the following:
1. An observed, estimated, inferred or suspected population size reduction of at least 80% over the previous ten years or three generations, whichever is 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 the following:
a. Direct observation
b. An index of abundance appropriate for the taxon,
c. A decline in area of occupancy, extent of occurrence, or quality of habitat,
d. Actual or potential levels of exploitation,
e. The effects of introduced taxa, hybridization, pathogens, pollutants, competitors, or parasites.
2. A population size reduction of at least 80%, projected or suspected to be met within the next ten years or three generations, whichever is longer (up to a maximum of 100 years), based on (and specifying) any of subparagraph 1.b., 1.c., 1.d., or 1.e. above.
3. An observed, estimated, inferred, projected, or suspected population size reduction of at least 80% 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 past and 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 subparagraph 1.a., 1.b., 1.c., 1.d., or 1.e. above.
4. An observed, estimated, inferred, or suspected population size reduction of at least 90% over the last 10 years or three generations, whichever is longer, where the causes of reduction are clearly reversible and understood and ceased, based on (and specifying) any of subparagraph 1.a., 1.b., 1.c., 1.d., or 1.e. above.
(b) Geographic range in the form of either extent of occurrence estimated to be less than 40 square miles or area of occupancy estimated to be less than 4 square miles, and estimates indicating any two of the following:
1. Severity fragmented or known to exist at only a single location.
2. Continuing decline, observed, inferred or projected, in any of the following:
a. Extent of occurrence.
b. Area of occupancy.
c. Area, extent, and/or quality of habitat.
d. Number of locations or subpopulations.
e. Number of mature individuals.
3. Extreme fluctuations in any of the following:
a. Extent of occurrence.
b. Area of occupancy.
c. Number of locations or subpopulations.
d. Number of mature individuals.
(c) Population size estimated to number fewer than 250 mature individuals and either:
1. An estimated continuing decline of at least 25% within three years or one generation, 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. Population structure in the form of either no subpopulation estimated to contain more than 50 mature individuals, or at least 90% of mature individuals in one subpopulation.
b. Extreme fluctuations in number of mature individuals.
(d) Population size estimated to number less than 50 mature individuals.
(e) Quantitative analysis showing the probability of extinction in the wild is at least 50% within ten years or three generations, whichever is longer (up to a maximum of 100 years).
(32) through (34) renumbered (29) through (31) No change.
(32) 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.
(35) through (81) renumbered (33) through (79) No change.
(82) Species of special concern – As designated by the Commission, a species, subspecies, or isolated population of a species or subspecies which is facing a moderate risk of extinction, or extirpation from Florida, in the future, as determined by paragraph (a), (b), (c), (d), or (e) below in accordance with Rule 68A-27.0012, F.A.C.
(a) Reduction in population size based on any of the following:
1. An observed, estimated, inferred or suspected population size reduction of at least 30% over the last ten years or three generations, whichever is 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 the following:
a. Direct observation.
b. An index of abundance appropriate for 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. A population size reduction of at least 30%, projected or suspected to be met within the next ten years or three generations, whichever is longer (up to a maximum of 100 years), based on (and specifying) any of subparagraph 1.b., 1.c., 1.d., or 1.e. above.
3. 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 past and 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 subparagraph 1.a., 1.b., 1.c., 1.d., or 1.e. above.
4. An observed, estimated, inferred, or suspected population size reduction of at least 50% over the last 10 years or three generations, whichever is longer, where the causes of reduction are clearly understood and reversible and ceased, based on (and specifying) any of subparagraph 1.a., 1.b., 1.c., 1.d., or 1.e. above.
(b) Geographic range in the form of either extent of occurrence estimated to be less than 7,700 square miles or area of occupancy estimated to be less than 770 square miles, and estimates indicating any two of the following:
1. Severely fragmented or known to exist at no more than 10 locations.
2. Continuing decline, observed, inferred or projected, in any of the following:
a. Extent of occurrence.
b. Area of occupancy.
c. Area, extent, and/or quality of habitat.
d. Number of locations or subpopulations.
e. Number of mature individuals.
3. Extreme fluctuations in any of the following:
a. Extent of occurrence.
b. Area of occupancy.
c. Number of locations or subpopulations.
d. 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 ten 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. Population structure in the form of either no subpopulation estimated to contain more than 1,000 mature individuals, or 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 1,000 mature individuals.
2. Population with a very restricted area of occupancy (typically less than 8 square miles) or number of locations (typically 5 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.
(e) Quantitative analysis showing the probability of extinction in the wild is at least 10% within 100 years.
(83) through (85) renumbered (80) through (82) No change.
(86) Threatened species – As designated by the Commission, a species, subspecies, or isolated population of a species or subspecies which is facing a very high risk of extinction, or extirpation from Florida, in the future, as determined by paragraph (a), (b), (c), (d), or (e) below in accordance with Rule 68A-27.0012, F.A.C.:
(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 ten years or three generations, whichever is 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 the following:
a. Direct observation.
b. An index of abundance appropriate for 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. A population size reduction of at least 50%, projected or suspected to be met within the next ten years or three generations, whichever is longer, (up to a maximum of 100 years), based on (and specifying) any of subparagraph 1.b., 1.c., 1.d. or 1.e. above.
3. An observed, estimated, inferred, projected, or suspected population size reduction of at least 50% 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 past and 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 subparagraph 1.a., 1.b., 1.c., 1.d., or 1.e. above.
4. An observed, estimated, inferred, or suspected population size reduction of at least 70% over the last 10 years or three generations, whichever is longer, where the causes of reduction are clearly understood and reversible and ceased, based on (and specifying) any of subparagraph 1.a., 1.b., 1.c., 1.d., or 1.e. above.
(b) Geographic range in the form of either extent of occurrence estimated to be less than 2,000 square miles or area of occupancy estimated to be less than 200 square miles, and estimates indicating any two of the following:
1. Severely fragmented or known to exist at no more than five locations.
2. Continuing decline, observed, inferred or projected, in any of the following:
a. Extent of occurrence
b. Area of occupancy
c. Area, extent, and/or quality of habitat
d. Number of locations or subpopulations
e. Number of mature individuals
3. Extreme fluctuations in any of the following:
a. Extent of occurrence
b. Area of occupancy
c. Number of locations or subpopulations
d. Number of mature individuals
(c) Population size estimated to number fewer than 2,500 mature individuals and either:
1. An estimated continuing decline of at least 20% within five years or two 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. Population structure in the form of either no subpopulation estimated to contain more than 250 mature individuals, or at least 95% of mature individuals in one subpopulation
b. Extreme fluctuations in number of mature individuals
(d) Population size estimated to number fewer than 250 mature individuals.
(e) Quantitative analysis showing the probability of extinction in the wild is at least 20% within 20 years or five generations, whichever is longer (up to a maximum of 100 years).
(87) through (99) renumbered (83) through (95) No change.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-15-81, 11-17-81, 6-21-82, 7-1-83, 7-1-84, 7-1-85, Formerly 39-1.04, Amended 6-1-86, 5-10-87, 10-8-87, 3-1-88, 4-13-88, 4-27-89, 4-11-90, 7-1-92, 4-20-93, 3-1-94, 7-1-94, 4-1-96, 11-23-97, 7-1-98, 6-23-99, Formerly 39-1.004, Amended 7-1-00, 5-1-01, 5-1-03, 7-1-04, 5-26-05, 7-1-06, 4-1-07, 7-1-08, 10-23-08, 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.