Florida Mine Safety, Health and Environment 2011 Conference

Imperiled Species Rule Revision

Presented By

Edward Murawski

Imperiled Species Rule Revision Overview

1. Purpose and Intent

2. History and Timeline

3. Endangered and Threatened Species Defined

4. Listing Criteria and Procedures

5. Updates for specific species

Purpose and Intent

• To conserve or improve the status of endangered and threatened species in Florida, to reduce the risk of extinction using a science based objective and quantifiable process.

• Identify species that are in need of special actions to prevent further imperilment.

• Identify a framework for developing management strategies and interventions to reduce threats causing imperilment.

Purpose and Intent

• Prevent species from being threatened to such an extent that they become regulated and managed under the federal ESA.

• Resolve the confusion between State and federal listing status.

History and Timeline

• Florida began protecting imperiled species in the early 1980’s which were subsequently amended.

• In 1999 FWC adopted an imperiled species listing process.• December 2007 – FWC Commissioners instructed staff to

review the imperiled species management and listing process to provide recommendations for improvement.

• Early 2009 – FWC held workshops with 4 Stakeholders GroupsGovernment Interests (local and county, state, federal agencies)

Environmental Interests

Recreational Interests

Regulated Community Interests

• Stakeholders continue to meet about every month

Rule was approved by the Commission in September 2010

Chapter 68A-27, Florida Administrative Code

History and Timeline

Florida Endangered & Threatened Species Defined

Historical Classification (3 Levels)

1. Endangered

2. Threatened

3. Species of Special Concern

Florida Endangered & Threatened Species Defined

Revised Classification (2 Levels)

1. Federally designated Endangered or Threatened species under the Endangered Species Act

2. State designated Threatened species

Listing Criteria and Procedure

For those species LISTED under the ESA

• If a federally listed species is added or reclassified under the ESA, the Florida rule will subsequently amended.

• If a federally listed species is removed from the ESA, the species will require review under this rule to determine if it should be classified as a State Threatened species or at a minimum require the adoption of a management plan.


For those species NOT LISTED under the ESA

I. Public or staff submits request to the Commission.

• Accepted annually between January 1 and June 30• Include information on the biology of the species.• Include details on the distribution of the species.• Include a QUANTITATIVE score using Millsap.


II. Staff evaluates request.

III. Recommendations submitted to Commission.

IV. 45 day public input period.


V. Commission appoints biological review group.

VI. Staff reviews groups information and decides on listing recommendation and prepares a Biological Status Report (BSR) for submittal to the Commission.

VII. The Commission shall have the BSR

reviewed by up to three independent scientists.


VIII.Commission determines if recommendation is warranted.

IX. Commission directs staff to prepare management plan.

X. Management plan approved.

XI. Species placed on the State Threatened Species List.

MANAGEMENT PLANS

Management Plan to be developed for each species the Commission has determined warrant listing before final action is taken to list species


MANAGEMENT PLANS

Management Plans are prepared for:• species that are listed, and• species that are being removed from the list

To ensure that species does not come back on the list


MANAGEMENT PLANS1. FWC Staff request information

• Conservation Needs• Social and Economic Factors

2. Begin Management Planning

3. Draft Management Plans advertised for Public Notice

4. Final Management Plan presented to Commission with the Rule for changing the Species status


Existing Management Plans

Bald Eagle

Florida Manatee

Gopher Tortoise

Flatwoods Salamander

Peregrine Falcon

Miami Blue Butterfly

Current Status

• Draft BSR completed in November and December 2010 for 61 currently state listed species

• Sent out for peer review – Due to FWC February 2011• FWC to finalize BSRs by March 2011

• Will be available for stakeholders to review

• Staff recommendations to the FWC Commission in June 2011

Preliminary Staff Recommendations• Remove from list

• Lake Eustis Pupfish• Rivulus• Florida tree snail• Gopher frog• Pine barrens tree frog• Alligator snapping turtle• Florida Pine Snake• Suwannee cooter• Limpkin• Snowy egret• White ibis• Florida Black Bear• Sherman’s fox squirrel• Sherman’s short-tailed shrew

Update to the Gopher Tortoise Permitting Guidelines

Legal Status & Recent Changes

Preparation of Permitting Guidelines (April 2008)

Annual Review & Revision ProcessRevised June 2010

Public Comment Period (Aug 1–Nov 30) - Comment Protocol

June 2010 Revisions• Added clarification for impacts occurring within 25

feet of a burrow.• Added mitigation contribution for temporary

exclusion permits• Settlement Permit replaced by Disturbed Site

Permit• Revised the marking scheme• Added Trainer as a permitted activity under the

Authorized Agent Permit• Onsite Relocation for burrows that compromise

existing structures• Revised financial assurance requirements• Added criteria for Recipient Sites to qualify as

research sites

• Clarification for Impacts occurring within 25 feet of Burrow• Does not allow for leaving “crop circles” or “undisturbed islands”

around the individual borrows

• Temporary Exclusion• $100 per tortoise excluding <2 months• $200 per tortoise – exclusion 2 to 4 months• $300 per tortoise – exclusion 4 to 6 months

Disturbed Site Permit(All five criteria need to be met)

1. Evidence of site disturbance to ground or vegetation must be present onsite within suitable gopher tortoise habitat

2. Site disturbance either:1. prevents complete/accurate survey or

2. prevents FWC staff from verifying results

3. Site disturbance either:1. impacts 10% or more of suitable gopher tortoise on the property, or

2. evidence of impacts to burrows

4. Evidence of burrows onsite within the disturbed area or on adjacent properties, or past surveys of site

5. Disturbance to the project site has occurred within the last 18 months

Revised Marking SchemeNotching with a triangular file is an option to drilling

Revised numbering schematic –

2

Added Trainer – adding a “trainer” as permitted activity under the AA

Burrow or Structure Protection PermitIs utilized when the integrity or utility of an existing structure is

jeopardized and poses a safety concern or if the burrow is compromised

Onsite relocation only

Max of 2 burrows

For example – grass parking lot, propane tank, driveway

Financial assuranceA from of financial assurance is required for recipient sites

Additional criteria to have Recipient Site Qualify as a Research Site

• Appendix 13 of the Permitting Guidelines (Revised June 2010)

BLACK BEAR MANAGEMENT PLAN

• The Florida Black Bear is listed as a State listed Threatened Species

• FWC Team Developed a draft Management Plan with the input from 12 stakeholder groups

• The draft management plan was completed in May 2010• As the new Imperiled Species Rule was approved by the

Commission in September 2010• The preliminary findings of the BSR indicate that the

Florida Black Bear does not meet the criteria for listing

Black Bear Management Plan

• The BSR for the Florida Black Bear as well as the other Florida listed species will be presented to the Commission for approval in June 2011

• The Black Bear Management Team is postponing public comment and meetings until the final listing of the imperiled species is approved

THANK YOU

QUESTIONS???

Florida Mine Safety, Health and Environment 2011 Conference

Documents

Transcript of Florida Mine Safety, Health and Environment 2011 Conference