Current through Reg. 50, No. 187; September 24, 2024
(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 and incidental take of Federally-designated
Endangered and Threatened Species. Activities that result in take or incidental
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 or incidentally 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. The incidental take of a Federally-designated
Endangered and Threatened Species that results from activities which the U.S.
Fish and Wildlife Service or the National Oceanic and Atmospheric
Administration's National Marine Fisheries Service has determined in writing
does not require a permit under 16
U.S.C. Section 1539, or other authorization
provided by 16 U.S.C.
1536 does not require a permit under this
section and is not prohibited under Rule
68A-27.003, F.A.C.
(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 except for species that have a permitting
standard for intentional take in Rule
68A-27.003, F.A.C., and then
that standard will apply. 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; and,
7. Human
safety.
(b) Incidental
take: The Commission may issue permits authorizing incidental take of
State-designated Threatened Species upon a conclusion that the following
permitting standards have been met: the standards for species that have a
permitting standard for incidental take in Rule
68A-27.003, F.A.C., take
precedence; for all other State-designated Threatened Species, the permit may
be issued when there is a scientific or conservation benefit and only upon a
showing by the applicant that the permitted activity will not have a 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 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) Agriculture, as
defined in Section 570.02, F.S., conducted in
accordance with Chapter 5I-8, F.A.C., effective 10-21-14, or Chapter 5M-18,
F.A.C., effective 6-17-15, and the wildlife best management practices (BMPs)
adopted in Rule 5I-8.001, F.A.C., by the
Department of Agriculture and Consumer Service pursuant to Section
570.94, F.S., is authorized and
does not require a permit authorizing incidental take despite any other
provision of this section or Rule
68A-27.005, F.A.C.
(e) Wildlands fire suppression actions
necessary to ensure public safety during emergency circumstances, including but
not limited to, setting counterfires, removing fences and other obstacles,
digging trenches, cutting firelines, or using water from public and private
sources are authorized and do not require a permit authorizing incidental take
despite any other provision of this section.
(f) Intentional take of a marine organism as
defined in Chapter 68B-8, F.A.C., and 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.
New 11-8-10, Amended 10-9-13, 1-19-15, 12-29-16,
1-18-17.
