PURPOSE AND EFFECT: The purpose of this proposed rule is to prohibit the take of peregrine falcons for falconry unless it is authorized by permit from the FWC and is consistent with the U.S. Fish and Wildlife Service (USFWS) Final Environmental Assessment and Management Plan for Peregrine Falcons. The effect is to limit the number of peregrine falcons that can be taken for use in falconry to that determined by the USFWS to be consistent with effective conservation of the species and the annual allocation of birds made available to the State of Florida.
SUMMARY: The proposed rule establishes a prohibition on taking peregrine falcons for falconry unless that take is specifically permitted by the FWC and is consistent with the USFWS Final Environmental Assessment and Management Plan for Peregrine Falcons. The rule also provides for a permitting process to take peregrine falcons for falconry that gives priority to Florida residents and limits the number of applications that may be submitted annually by each applicant.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will ____or will not _X__have an impact on small business. A SERC has ____ or has not _X__been prepared by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting December 9-10, 2009, 8:30 a.m. – 5:00 p.m., each day
PLACE: John Boy Auditorium, 1200 South W.C. Owen Ave., Clewiston, FL 33440
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: The ADA Coordinator at (850)488-6411. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jim Antista, General Counsel, Legal Office, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, FL 32399-1600
THE FULL TEXT OF THE PROPOSED RULE IS:
(1) through (8) No change.
(9) Capturing raptors; restrictions:
(a) through (e) No change.
(f) The take of peregrine falcons is prohibited except as authorized by permit from the executive director and consistent with the U.S. Fish and Wildlife Service Final Environmental Assessment and Management Plan for Peregrine Falcons, dated August 2008 (incorporated herein by reference). The Commission shall randomly select applications and issue permits annually. Priority for receiving a permit shall be given to Florida residents. Only one application may be submitted per applicant.
PROPOSED EFFECTIVE DATE: As soon as possible after adoption.
Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 8-1-79, Amended 6-21-82, 7-1-84, Formerly 39-9.05, Amended 4-14-92, 7-1-94, Formerly 39-9.005, Amended________.
BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE FAW.