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-27.0012 - Procedures for Listing and Removing Species from Florida's Endangered and Threatened Species List

Universal Citation: FL Admin Code R 68A-27.0012

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

(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), 16 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, and is a species within the Commission's constitutional authority, 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) Except as provided in subsection (1), above, these procedures shall not apply to:
1. Federally-designated Endangered and Threatened species,

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,

5. Species that are not within the Commission's constitutional authority.

(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 subparagraph 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 paragraph (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), (d), and (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 when changes in listing status are 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 Register 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 Register 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 Register 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. After a biological status review is conducted and a management plan is approved, the Commission will decide whether a species should remain listed when the species is determined to be data deficient pursuant to the Guidelines for Using the IUCN Red List Categories and Criteria.

(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.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.

New 6-23-99, Formerly 39-27.0012, Amended 7-1-03, 5-26-05, 11-8-10, 11-14-11, 1-11-17.

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