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-27.007 - Permits and Authorizations for the Take of Florida Endangered and Threatened Species

Current through Reg. 50, No. 138; July 16, 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.