Section 68A-27.007 - Permits and Authorizations for the Take of Florida Endangered and Threatened Species(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,(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, 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.Fla. Admin. Code Ann. R. 68A-27.007
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const.
New 11-8-10, Amended 10-9-13, Amended by Florida Register Volume 41, Number 003, January 6, effective 1/19/2015, Amended by Florida Register Volume 42, Number 240, December 13, 2016 effective 12/29/2016, Amended by Florida Register Volume 43, Number 002, January 4, 2017 effective 1/18/2017.New 11-8-10, Amended 10-9-13, 1-19-15, 12-29-16, 1-18-17.