Current through Reg. 50, No. 187; September 24, 2024
(1) Applications:
Any individual, firm or corporation desiring to obtain authorization to conduct
scientific, conservation, or educational activities directly involving marine
turtles shall submit an application to the Commission prior to conduct of the
activity. Applications shall be submitted electronically through the permitting
portal on http://myfwc.com or submitted
on the application form to the Florida Fish and Wildlife Conservation
Commission, Tequesta Field Laboratory, 19100 S.E. Federal Highway, Tequesta, FL
33469, unless otherwise directed. Application for Marine Turtle Permit (FWC
Form 32-101, effective 4/16) is hereby incorporated by reference and available
at https://www.flrules.org/Gateway/reference.asp?No=Ref-07543.
Application forms shall be made available by the Commission to any individuals
requesting them from the above-listed submittal address, MTP@MyFWC.com, or by
telephone.
(2) Permit Criteria: An
individual, firm or corporation must be a properly accredited person in
accordance with Section
379.2431(1)(c),
F.S., must have specific experience with marine turtles and the proposed
activity, and must meet the applicable criteria in this rule to be eligible to
receive authorization from the Commission to undertake activities for research,
conservation, or educational purposes that involve any of the prohibited
actions listed in Section
379.2431(1)
(d)1., F.S. The Commission shall not issue permits to applicants unable to
demonstrate a working knowledge of current marine turtle conservation
practices, to applicants lacking specific experience in conducting the
requested activities, to applicants who do not meet the applicable criteria in
this chapter, or if there is no demonstrated need for the project.
(a) Research Purposes: To be eligible to
receive a permit to conduct research with marine turtles, the applicant must be
an individual who meets the applicable criteria in this rule.
(b) Educational or Conservation Purposes: To
be eligible to receive a permit for educational or conservation purposes such
as conducting nesting beach surveys, stranding, tagging, or holding marine
turtles in captivity, an individual, firm or corporation must identify:
1. Principal Officer: A principal officer who
shall be listed on the permit and who is duly authorized to make legally
binding decisions for the applicant. An individual applicant can identify
themselves as the principal officer. The principal officer shall be
independently responsible for ensuring that all activities are conducted in
accordance with all terms and conditions of the permit, this chapter, and the
Handbook and that all reports are submitted by the deadlines identified in the
permit or the Handbook.
2.
Qualified Individual: One or two qualified individuals who meet the
requirements in this chapter and the Handbook for the requested activity. If
more than one qualified individual is identified, the permit shall specify a
lead qualified individual who shall serve as the primary contact for all
authorized activities. The lead qualified individual, in addition and
independently of the principal officer, shall be responsible for ensuring that
all activities are conducted in accordance with all terms and conditions of the
permit, this chapter, and the Handbook and that all reports are submitted by
the deadlines identified in the permit or the Handbook. An individual applicant
can identify themselves as the qualified individual. For a firm or corporation,
the qualified individual(s) must either be in the applicant's employment or be
affiliated with the applicant as a volunteer and be identified in the
application by name. The lead qualified individual shall make all decisions
concerning direct interactions with marine turtles including nesting beach
surveys, marking and relocating nests, educational displays and activities, and
basic husbandry and care for holding marine turtles in captivity in conjunction
with the veterinarian listed on the permit. In the event a qualified individual
leaves employment or discontinues their affiliation with the corporation or
firm, the permit holder shall notify the Commission within forty-eight hours,
and within 30 days secure the services of another qualified individual who
meets all requirements in this rule and the Handbook.
(c) Loan Agreements: Any individual, firm or
corporation who meets the criteria herein shall be eligible to receive
authorization from the Commission in the form of a loan agreement to possess
dead marine turtles or marine turtle parts for educational purposes pursuant to
subsection 68E-1.0041(2),
F.A.C.
(3) Processing:
Applications submitted in accordance with subsection (1), shall be reviewed and
processed as follows:
(a) Upon receipt of a
request to conduct activities with marine turtles, Commission staff shall
examine the application and, within 30 days of receipt, notify the applicant of
any apparent errors or omissions and request any additional information
required in accordance with Section
379.2431(1),
F.S., this chapter and the Handbook. If the applicant does not respond to the
Commission's request for additional information after 60 days, the request
shall be denied without prejudice.
(b) Requests to conduct multiple activities
including conservation, research, and holding marine turtles in captivity may
be submitted within one application or amendment but each request shall be
processed and approved or denied as a separate individual request in accordance
with this chapter and statutory timeclocks. As each request is approved, FWC
shall either administratively amend the existing permit to include that
activity and any specific conditions or restrictions or issue a new permit that
includes the requested activity and any specific conditions or
restrictions.
(c) The applicant may
also request to withdraw certain activities without prejudice.
(d) The Commission shall approve or deny
requests within 90 days of receipt of a complete application. The Commission
shall not approve an application that does not contain sufficient information
to determine that all requirements of Section
379.2431(1),
F.S., this chapter, and the requirements in the Handbook have been
met.
(4) Nesting Beach
Surveys: Applicants requesting a Marine Turtle Permit for the first time to
conduct nesting surveys as a permit holder shall meet the following additional
criteria or employ or identify at least one qualified individual who is
affiliated with the applicant and who meets these criteria. Applicants shall
submit documented information detailing how each qualified individual meets the
following requirements including dates and specific location(s) where
experience was acquired.
(a) Experience: The
qualified individual shall have specific experience conducting nesting surveys,
including a minimum of two (2) nesting seasons, or two hundred (200) hours, of
marine turtle nesting survey experience and shall submit the information
required under paragraph (b). State and federal employees who are requesting a
permit for a marine turtle nesting survey program on state or federal land are
not required to meet this criterion, but shall submit the following information
for their program to document their experience.
(b) To document the qualified individual's
experience, the applicant shall submit the following information:
1. The specific duties and responsibilities
related to marine turtle conservation that have been carried out.
2. The frequency with which nesting surveys
were conducted.
3. The area that
was surveyed.
4. Whether surveys
were conducted independently or with other authorized personnel.
5. Approximate number of crawls observed
during a two (2) year period.
6.
List of all of training that was received or presented and name of
trainer.
7. Years of program
oversight and number of others supervised.
(c) Knowledge: The qualified individual shall
satisfactorily complete a set of standardized comprehensive qualifying
examination questions pertaining to general marine turtle biology, nests,
species characteristics, and the Commission Marine Turtle Conservation
Handbook. The qualified individual shall correctly answer 90% of the questions
to be eligible to receive a permit. Qualified individuals who do not correctly
answer 90% of the questions may retake the test after obtaining no less than
one month additional field experience. State and federal employees who are
requesting a permit for a marine turtle nesting survey program on state or
federal lands are not required to meet this criterion.
(d) Education: The Commission shall also
consider formal and continuing education course work and work experience in the
permitting decision.
(e)
References: The applicant shall provide two (2) references to verify the
qualified individual's experience; each reference must have specific marine
turtle nesting survey experience. These references must be knowledgeable
regarding the qualified individual's responsibilities, performance, and
experience in marine turtle nesting surveys. For experience based on work
performed in Florida under a Commission-issued permit, at least one of the
references must be a Marine Turtle Permit holder. For experience based on work
performed outside of Florida, at least one of the references must be a program
administrator or project leader. Personnel supervised by the applicant or
qualified individual should not be used as a reference. Complete addresses,
telephone numbers, and e-mail addresses should be provided for each reference.
State and federal employees who are requesting a permit for a marine turtle
nesting survey program on state or federal lands are not required to meet this
criterion.
(f) Training: Qualified
individuals are expected to complete a Commission nesting workshop annually.
Principal officers are expected to complete these workshops the first year they
are affiliated with a permit. Authorized personnel listed on the permit are
expected to complete these workshops at least once every two years.
(g) Reporting: Standard reporting forms for
nesting surveys and relocation of nests will be furnished by the Commission,
and must be completed and submitted to the Commission annually to maintain the
state permit. FWC Annual Index Nesting Beach Survey Form (FWC Form A-1,
effective 6/16) and FWC Annual Report for the Statewide Nesting Beach Survey
(FWC Form SNBS-1, effective 6/16) are hereby incorporated by reference and are
available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07544
and
https://www.flrules.org/Gateway/reference.asp?No=Ref-07545.
(5) Nest Relocation: To qualify to relocate
marine turtle nests, the applicant's qualified individual shall have a minimum
of twenty-five (25) hours of having successfully relocated marine turtle nests
obtained within the past five (5) years. Applicants shall submit documented
information detailing how the qualified individual meets this requirement
including dates and specific location(s) where experience was acquired.
Relocations shall be considered successful if the hatch and emergence success
meets or exceeds the hatch and emergence success averaged by species statewide.
As part of the application, the applicant shall provide complete up-to-date
documentation of the qualified individual's relocation experience including
paragraphs (a) and (b), below. State and federal employees who are requesting a
permit to relocate marine turtle nests on state or federal land are not
required to meet this criterion.
(a)
Experience: Field data sheets documenting relocation experience signed or
verified by the Marine Turtle Permit holder (in Florida) or other biologist
with marine turtle nesting survey experience (outside Florida) that oversaw the
relocations.
(b) To document the
qualified individual's experience, the applicant shall submit the following
information:
1. List of all relocated nests
with reason for relocation.
2. List
of beach sites that received relocated nests and explanation of how they were
chosen.
3. Hatching success data
for all relocated nests.
4. Other
information that documents experience or training for nest
relocation.
(c)
Knowledge: The qualified individual must satisfactorily complete a set of
standardized comprehensive qualifying examination questions pertaining to
marine turtle nest relocation techniques by correctly answering 90% of the
questions. Qualified individuals who do not correctly answer 90% of the
questions may retake the test after obtaining no less than one month additional
field experience.
(6)
Duplicate Requests: Upon receipt of multiple applications to conduct nesting
surveys on the same designated beach, Commission staff shall consider the
following in permit decisions.
(a) The length
of time applicants or the qualified individuals conducted nesting surveys in
that area and their familiarity with the specific beach.
(b) Ability of the applicants or the
qualified individuals to provide the technical information required by a state
or federal regulatory permit.
(c)
History of compliance of the applicants and the qualified individuals with all
reporting requirements.
(d) History
of compliance of the applicants and the qualified individuals with all
provisions of this chapter and the Handbook.
(e) Consistency in data collection for the
Statewide and Index Nesting Beach Surveys.
(7) Regulatory Permit Monitoring: In the
event a local, state or federal regulatory permit requires additional marine
turtle nesting surveys and conservation activities on a beach that is already a
part of either the Statewide or Index Nesting Beach Surveys, Commission staff
shall modify the existing Marine Turtle Permit to include any additional survey
or monitoring requirements of the regulatory permit if requested in writing by
both the Marine Turtle Permit holder and the regulatory permittee. Otherwise a
second authorization to conduct those activities required as conditions of the
regulatory permit may be requested pursuant to subsection (1), above.
(a) If a second authorization is issued, only
those additional activities not being conducted by the existing permit holder
and that are required as conditions of the regulatory permit shall be
authorized. All conservation activities such as marking or relocating nests
shall be conducted secondary to the Statewide or Index Nesting Beach Surveys
and in cooperation with the Marine Turtle Permit Holder authorized to conduct
Statewide or Index Nesting Beach Surveys.
(b) Statewide and Index Nesting Beach data
shall be submitted to the Commission by the Marine Turtle Permit Holder
authorized to conduct Statewide or Index Nesting Beach
Surveys.
(8) Conflict of
Interest Prohibition: When marine turtle protection or monitoring is required
as a condition of any regulatory permit, a Marine Turtle Permit to conduct such
monitoring shall only be issued to an independent third party who can obtain
appropriate authorization as required by this chapter. Counties or
municipalities with an established marine turtle conservation program,
including a permit holder, may conduct monitoring for all local
government-sponsored activities such as beach nourishment provided the permit
holder meets all requirements of this chapter and the primary responsibility of
the permit holder and their program is conservation of marine turtles and not
the implementation of other programs such as beach management.
(9) Stranding: To qualify to conduct
stranding activities, the applicant's qualified individual shall have
documented ten (10) stranded turtles, provide evidence of having attended a
Commission stranding workshop within one year prior to application and
acknowledge in writing that they have read and understand the protocols in the
Handbook for conducting Sea Turtle Salvage Stranding Network (STSSN)
activities. Qualified individuals and authorized personnel listed on the permit
are expected to complete Commission stranding workshops at least once every two
years.
(10) In-water Activities:
Prior to conducting in-water protection or research work, the permit holder
shall provide evidence of a valid Incidental Take Authorization from the
National Oceanographic and Atmospheric Administration.
(11) Scientific Research: To qualify to
conduct research with marine turtles, parts thereof, or their nests, applicants
must be an individual who must submit a research proposal as outlined in
Section 6 of the Handbook, which shall be reviewed and processed as follows.
(a) All research requests shall be reviewed
by FWC staff to ensure the requirements of Section
379.2431(1),
F.S., this chapter, and the Handbook are met. The Commission, using prudent
peer review standards, shall consider the following in scientific research
permit decisions:
1. The appropriateness of
the proposed scientific methodologies,
2. The need for the research,
3. The extent that the project is designed to
avoid or minimize negative impacts to marine turtles; and,
4. The potential for the research to add to
scientific knowledge about marine turtle biology and to promote the recovery of
marine turtle populations.
(b) FWC staff shall process requests to
conduct scientific research with marine turtles as follows:
1. Requests to amend an existing research
project to include methods that are minimally invasive or have negligible
impacts or that propose the addition of a technique other than lethal take that
the individual is currently approved to utilize in other FWC-authorized
research projects will not require external peer review.
2. New research projects or amendments that
include a technique that the individual has not been previously authorized to
conduct with a particular marine turtle species or requests that include lethal
take shall be submitted for external peer review in accordance with this
chapter and the Handbook.
(c) External peer reviewers shall be invited
to review proposals based on specific expertise, experience, or publication in
the proposed methodology, procedure, species, or issue being investigated.
External peer review shall proceed as follows:
1. Complete copies of research proposals that
meet the requirements in the Handbook shall be sent to as many as five peer
reviewers along with copies of relevant documents such as the primary
investigator's curriculum vitae.
2.
External peer reviewers shall be asked to comment on research objectives,
methodology, study duration, potential for impacts to the experimental animals,
investigator's experience in the proposed technique, and the potential for the
research to add to scientific knowledge about marine turtle biology and to
promote the recovery of marine turtle populations.
3. External peer reviewers shall be asked to
identify any potential conflicts of interest they may have with the proposed
research or individual proposing it.
(d) The Commission may seek additional
information from the individual applicant based on the peer review and provide
recommendations for consideration.
(e) The Commission will impose restrictions
on the permit or deny the application when necessary based on the above
assessments.
(f) The Commission
shall provide the individual applicant a copy of the Commission's draft permit
for review and comment prior to permit issuance provided that agency final
action can occur within the required statutory time clocks. The Commission will
consider requests by the individual to modify proposed conditions or
restrictions if the requested changes are consistent with Section
379.2431(1),
F.S., and the modification can be completed within the required statutory
timeclocks.
(12) Captive
Facilities: To qualify to hold or to rehabilitate marine turtles for a
conservation purpose or for education, applicants with ownership or control
over property that maintains adequate equipment to safely hold and care for
marine turtles for the purposes of the permitted activity and that meet the
requirements of this chapter and Section 4 of the Handbook must do the
following:
(a) Applicants requesting a permit
to hold marine turtles for rehabilitation or education for the first time shall
identify a principal officer and provide documentation of at least one
qualified individual who will be responsible for the care and treatment of
marine turtles in accordance with paragraph (2)(b), above. The following
documentation of experience shall be submitted to the Commission and be subject
to approval upon initial application and upon each instance of an application
for amendment to change the qualified individual.
1. The qualified individual responsible for
the care and treatment of marine turtles shall have no less than one (1) year
with 1, 000 hours experience in the direct care, feeding, handling, and
husbandry of marine turtles. Applicants shall submit a notarized statement
describing each qualified individual's specific experience, the date, and the
specific location(s) where acquired.
2. Applicants shall provide two (2)
references from individuals having personal knowledge of the qualified
individual's experience in the husbandry and care of marine turtles. These
references may include members of a professional organization or governmental
institution such as universities, public agencies, zoological associations,
herpetological societies and veterinarians. At least one reference must have
specific experience holding marine turtles in captivity. Personnel supervised
by the applicant or the qualified individual may not be used as a reference.
Complete addresses, telephone numbers, and email addresses should be provided
for each reference.
3. The
applicant shall provide documentation that each qualified individual has agreed
to provide care for the marine turtles to be housed in association with the
application.
4. Each qualified
individual shall be listed on the permit and, in conjunction with the
veterinarians providing care, shall be responsible for all decisions related to
holding, care, display, and public or media interaction with captive marine
turtles.
(b) Veterinary
care shall be provided by facilities holding or rehabilitating marine turtles.
Veterinarians providing marine turtle care shall have expertise with marine
turtles as outlined in this chapter and Section 4 in the Handbook. The
applicant shall identify at least two veterinarians who will provide the care
at the facility and include documentation of each veterinarian's experience
with the application. The veterinarians identified in the application shall be
listed on the Marine Turtle Permit.
1. The
applicant shall provide references from practicing marine turtle rehabilitation
veterinarians having personal knowledge of each proposed veterinarian's
clinical proficiency in marine turtle rehabilitation, records of prior permits
for the keeping of captive marine turtles, employment records, and any other
competent documentation of the requisite experience to document proficiency
with marine turtle care and treatment.
2. The applicant shall provide documentation
that the veterinarians have agreed to provide veterinary care for marine
turtles to be housed in association with the application.
3. For facilities located in Florida, the
applicant shall provide a copy of a valid State of Florida veterinary license
(Chapter 474, F.S.) and U.S. Drug Enforcement Administration (DEA) Controlled
Substance Registration Certificate for each proposed veterinarian. For
facilities located in other states, the applicant shall provide a copy of a
valid veterinary license issued by the state where the facility is located. If
one of the veterinarians holds a DEA Certificate for the facility's address and
the appropriate controlled drugs are stored in accordance with federal
regulations onsite for use by all veterinarians, than only one DEA Certificate
is required. If controlled substances are not going to be stored onsite under a
DEA Certificate for that site, than all attending veterinarians must have DEA
Certificates.
(c) All
facilities making application to hold or to rehabilitate marine turtles are
subject to inspection by Commission personnel before issuance of a permit and
on a periodic basis for the duration of the permit, if issued.
1. All systems and exhibits proposed to house
marine turtles must be in place and fully operational for a minimum of two (2)
weeks prior to inspection, including but not limited to: structures, water
source, water treatment and filtration systems, lighting, security, food
storage, food preparation area(s), medical treatment areas and equipment, and
educational signage.
2. The
facility shall submit documentation that all water quality parameters
identified in the Handbook have been met during that period.
3. The initial inspection must occur no
sooner than two (2) weeks after the facility is completely
operational.
(d)
Rehabilitated marine turtles shall be released as soon as they are fit for
survival in the wild. The determination of fitness shall be made by the
attending veterinarian in consultation with Commission personnel. All releases
shall be coordinated in advance with Commission personnel.
(e) All facilities holding live marine
turtles shall complete the reporting forms supplied by the Commission and
submit them quarterly. Report forms require information on the status of
captive marine turtles, acquisitions, deaths, releases and water quality.
Failure to provide timely reports shall be grounds for the Commission to revoke
current permits and to deny future applications for authorization. The Marine
Turtle Holding Facility Quarterly Report (FWC Form CAP-1, effective 4/16) is
hereby incorporated by reference and is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07546,
or by contacting MTP@MyFWC.com.
(f)
Marine turtles shall not be held for rehabilitation (whether or not the marine
turtles are publicly displayed) in conditions detrimental to the turtle, as
determined during a site inspection by Commission staff.
(g) Limited educational displays of marine
turtles of a threatened species shall be authorized when consistent with the
Handbook.
(h) Endangered marine
turtles may be held on display in the event that they have been deemed
non-releasable as a result of injuries that would preclude their ability to
survive in the natural habitat, are of an unknown or non-Florida origin, or
were acquired prior to the enactment of the Federal Endangered Species Act of
1973 (16 U.S.C. §1531 et. seq.).
(i) The applicant shall install interpretive
signs regarding marine turtle conservation at the educational exhibit of marine
turtles. The scientific content of such signs shall be submitted for approval
by Commission staff prior to installation to mtp@myfwc.com or to the Tequesta
Field Laboratory at the address in subsection (1), above. Commission staff will
review the sign within thirty (30) days to determine if the information is
accurate and will inform and instruct the public in the biology, habitat, or
conservation needs of marine turtles. An approved sign must remain in place
while captive or educational turtles are on display at the
facility.
(13) Possession
of Permit: A marine turtle conservation permit, loan agreement, or consent
permit issued by the Commission must be in the possession of the named Marine
Turtle Permit holder, qualified individual and authorized personnel at all
times during conduct of authorized activities.
(14) Marine Turtle Conservation Handbook: The
Commission Marine Turtle Conservation Handbook (effective 6/16) related to
nesting surveys, nest relocation, release, and other management or conservation
activities is hereby incorporated by reference and is available at the address
listed in subsection (1), above, and online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07547.
(a) The requirements in the Handbook shall be
considered conditions of any permit issued.
(b) The following forms, instructions and
protocols are included in the Handbook and are hereby incorporated by
reference.
1. Nourishment Monitoring
Spreadsheet (FWC Form Nourish-1, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07548.
2. FWC Statewide Nesting Beach Survey
Instructions (effective 6/16) are available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07549.
3. FWC Fish and Wildlife Research Institute
Statewide Nesting Beach Survey (SNBS) Protocol (effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07550.
4. FWC Fish and Wildlife Research Institute
Index Nesting Beach Survey (INBS) Protocol (effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07551.
5. Rare Species Documentation Protocol
(effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07553.
6. Tips and Tricks for Using a GPS Unit to
Record Locations (effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07554.
7. Nest Productivity Assessment Spreadsheet
(FWC Form NPA-1, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07555.
8. Nest Productivity Assessment Protocol
(effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07556.
9. FWC Marine Turtle Disorientation Report
(FWC Form Dis-1, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07557.
10. Disorientation Form Instructions
(effective 6/16) are available at
https://www.flrules.org/gateway/reference.asp?No=Ref-07565.
11. FWC Marine Turtle Obstructed Nesting
Attempt Report Form (FWC Form ONA-1, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07558.
12. FWC Obstructed Nesting Attempt
Instructions (effective 6/16) are available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07559.
13. Sea Turtle Stranding and Salvage Network
Stranding Report (FWC Form STSSN-1, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07560.
14. Fibropapilloma Documentation Form (FWC
Form STSSN-2, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07561.
15. Protocol for Responding to Cold-Stunning
Events (effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07562.
16. Cold Stun Event Turtle Data Form (FWC
Form STSSN-3, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07563.
17. Sea Turtle Stranding and Salvage Network
Gross Necropsy Report (FWC Form STSSN-4, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07564.
18. FWC Cooperative Marine Turtle Tagging
Program (CMTTP) Tagging Data Form (FWC Form TAG-1, effective 6/16) is available
at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07566.
19. FWC Marine Turtle Holding Facility
Quarterly Report (FWC Form CAP-1, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07567.
20. Marine Turtle Transfer Form (FWC Form
CAP-2, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07568.
21. Educational Presentations Using Live
Turtles Reporting Form (FWC Form E-1, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07569.
22. Checklist for Pre-emergent Hatchling
Collection (FWC Form Res-1, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07570.
23. FWC Marine Turtle Annual Research
Reporting Form (FWC Form Res-2, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07571.
24. FWC Public Turtle Watch Schedule (FWC
Form E-2, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07572.
25. FWC Public Turtle Watch Summary (FWC Form
E-3, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07573.
26. FWC Nighttime Public Hatchling Release
Form (FWC Form E-4, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07574.
27. FWC Public Hatch Success Evaluation Form
(FWC Form E-5, effective 6/16) is available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-07575.
(c) The failure of the permit holder,
principal officer, qualified individual or any authorized personnel listed on
the permit to follow the requirements included in the Handbook or this chapter
shall be considered as Rule
68-1.010, F.A.C., regarding
revocation or suspension of current permits or denial of
applications.
(c) The permit
holder, principal officer, and lead qualified individual are responsible for
transmitting the Handbook to all authorized personnel listed on the permit.
Failure to properly distribute the Handbook and to supervise the activities of
authorized personnel listed on the permit shall be considered as provided in
Rule 68-1.010, F.A.C., regarding
revocation or suspension of current permits or denial of
applications.
(15)
Additional Permits Required: Permits for scientific research issued under this
chapter are not valid in state, federal, or local parks, monuments, sanctuaries
or preserves without additional permits or concurrence from the appropriate
management unit.
(16) Permit
Duration: Permits shall be valid for one to two years as follows:
(a) Existing permit holders who have met all
reporting deadlines and who are in compliance with all requirements in their
permits, this chapter, and the Handbook, if approved, shall be approved for two
(2) years.
(b) Applicants who have
not previously held a Marine Turtle Permit for the requested conservation,
education or research activity, who have not met all reporting deadlines
timely, or who have not complied fully with permit conditions, this chapter or
the Handbook, if approved, shall only be approved for one (1) year.
(c) All reports and information required in
this chapter or the Handbook must be submitted as specified in the permit, this
chapter and the Handbook and accepted as complete by agency
staff.
(17)
Transferability: Permits are non-transferable and shall be issued to a single
applicant acting as the permit holder.
(18) Authorized personnel: The Commission
shall allow up to twenty-four authorized personnel to conduct the marine turtle
conservation work under the supervision and request of the permit holder or
lead qualified individual. The permit shall not exceed twenty-six listed names.
(a) The Commission shall allow additional
personnel under a consent permit in accordance with subsection
68E-1.0041(3),
F.S., when requested by the permit holder provided these individuals are not
directly involved in data collection, nesting surveys, or in direct contact
with a marine turtle, nest, or hatchlings unless specifically approved by
Commission staff. The request must list each additional individual, their
address and phone number, specify the activity in which they will participate,
and describe the training provided for that activity.
(b) Permits shall include all authorized
personnel, each of which must be named on the permit prior to field work. The
permit holder and other individuals listed on the permit shall have the permit
or a copy thereof upon their person while conducting work with marine turtles,
their nests, hatchlings or turtle parts. No non-authorized personnel may
participate in permitted activities.
(19) Permit Renewal: Renewal of existing
Marine Turtle Permits shall occur as follows:
(a) All renewal requests, forms, and reports
required pursuant to this chapter shall be submitted to the Commission through
the online permit portal or to the Tequesta office approximately two months
prior to the expiration of the existing permit.
(b) Permit renewals shall be based upon
satisfactory compliance with this chapter, the conditions of the existing
permit, receipt of all reports for authorized activities, compliance with the
Handbook for authorized activities, the need for a specific activity, and
response to Commission staff upon request for information related to authorized
activities.
Rulemaking Authority 379.2431(1),
379.244(2) FS.
Law Implemented 379.2431(1),
379.244(2)
FS.
New 2-11-81, Amended 8-6-81, Formerly 16B-40.04,
16B-40.004, 16R-1.004, 62R-1.004, Amended 7-1-04, 12-9-07, 3-24-13, 7-20-14,
11-23-16.
