68A-27.0031: Marine Endangered and Threatened Species
PURPOSE AND EFFECT: The purpose of the proposed rule is to address the concerns raised by the Joint Administrative Procedures Committee. The effect will be to create a list of marine endangered and threatened species.
SUMMARY: The new rule lists marine endangered and threatened species that are not within the Commission’s constitutional authority.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. An SERC has not 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.
RULEMAKING AUTHORITY: 379.1025 FS.
LAW IMPLEMENTED: 379.1025 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting June 8-9, 2011, 8:30 a.m. – 5:00 p.m., each day
PLACE: The Renaissance Resort at World Golf Village, 500 South Legacy Trail, St. Augustine, FL 32092-2719
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: Bud Vielhauer, General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600, (850)487-1764
THE FULL TEXT OF THE PROPOSED RULE IS:
68A-27.0031 Marine Endangered and Threatened Species.
(1) Under the Florida constitutional revision that revised Article IV, Section 9 of the Florida Constitution and created Article XII, Section 22, the Commission’s constitutional authority does not include authority to regulate marine life when those species meet the definition of endangered and threatened species as those terms were defined in Florida Statutes, Section 372.072 (1997).
(2) The following species are Marine endangered and threatened species:
(a) Fish:
1. Gulf sturgeon (Acipenser oxyrinchus [=oxyrhynchus] desotoi)(T),
2. Shortnose sturgeon (Acipenser brevirostrum)(E),
3. Smalltooth sawfish (Pristis pectinata)(E).
(b) Reptiles:
1. Green sea turtle (Chelonia mydas)(E),
2. Hawksbill sea turtle (Eretmochelys imbricata)(E),
3. Kemp’s ridley sea turtle (Lepidochelys kempii)(E),
4. Leatherback sea turtle (Dermochelys coriacea)(E),
5. Loggerhead sea turtle (Caretta caretta)(T),
(c) Mammals:
1. Caribbean monk seal (Monachus tropicalis)(E),
2. Finback whale (Balaenoptera physalus)(E),
3. West Indian manatee (Trichechus manatus)(E),
4. Humpback whale (Megaptera novaeangliae)(E),
5. North Atlantic right whale (Eubalaena glacialis)(E),
6. Sei whale (Balaenoptera borealis)(E),
7. Sperm whale (Physeter macrocephalus)(E),
(d) Corals:
1. Elkhorn coral (Acropora palmata)(T),
2. Staghorn coral (Acropora cervicornis)(T).
Rulemaking Authority 379.1025 FS. Law Implemented 379.2291 FS. History–New_______.