Florida Administrative Code
68 - FISH AND WILDLIFE CONSERVATION COMMISSION
68A - Freshwater Fish and Wildlife
Chapter 68A-27 - RULES RELATING TO ENDANGERED OR THREATENED SPECIES
Section 68A-27.001 - Definitions

Universal Citation: FL Admin Code R 68A-27.001

Current through Reg. 50, No. 187; September 24, 2024

When used in this rule chapter, the terms and phrases listed below have the meaning provided:

(1) Florida Endangered and Threatened Species - species that are designated by Commission rule as either:

(a) Federally-designated Endangered and Threatened species as defined below, or

(b) State-designated Threatened species as defined below. 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; the definition of Federally-designated Endangered and Threatened Species does not include species that are not within the Commission's constitutional authority.

(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-subparagraphs (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-subparagraphs (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-subparagraphs (a)1.a. to (a)1.e., above.

(b) Geographic range in the form of either subparagraph (b)1., extent of occurrence or subparagraph (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 sub-subparagraphs 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 sub-subparagraphs 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 (sub-subparagraphs 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 may include significant habitat modification or degradation where it actually kills or injures 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 by annoying it to such an extent as to significantly disrupt 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 approved 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 may be a comprehensive, single-species management plan; a multi-species plan; a document referencing applicable rules; or a document referencing 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; identify permitting standards for incidental and intentional take to be established in rule; consider and evaluate anticipated economic, ecological, and social impacts of implementing or not implementing the management plan including a projection of costs of implementing the management plan and identification of the funding sources for the costs as determined through involvement of affected stakeholders and public input; 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.

New 11-8-10, Amended 11-14-11.

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