Title: Wetlands/Natural Systems: Clarify Statutory Criteria
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 Material Information
Title: Wetlands/Natural Systems: Clarify Statutory Criteria
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Wetlands/Natural Systems: Clarify Statutory Criteria
General Note: Box 9, Folder 14 ( SF-WMD REview Commission - 1995-1996 ), Item 13
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00001916
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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1 .I I






Proposed Recommendation J.1.a.(2):

Wetlands/Natural Systems: Clarify Statutory Criteria


Background:

The Water Management Institute offers that additional
.permitting criteria imposed on Districts by the wetlands and
endangered species protection provisions should be kept in
proper perspective if the Governing Boards are to carry out
declared policy as set forth in subsections 373.016(1) and
(2).


Recommendation:

Amend 373.414 as follows:

,(1) (a) In determining whether an activity, which is
in, on, or over surface waters or wetlands, as
delineated in 373.421(1), and is regulated
under this part, is not contrary to the public
interest or is clearly in the public interest,
the governing board or the department shall
consider and balance .

2. Whether the activity will adversely
affect the conservation of fish and wild-
life, including endangered or threatened
species, or their habitats. .

(2) The governing board or the department is authorized
to establish by rule specific permitting criteria in
addition to the other criteria in this part which
provides .


(b) Criteria for the protetion 6f threatened nd
endangered specizo in isolated wetlands regardleoo
8f nim-,4 and land use.


Action Required for (choose all appropriate):

Districts
DEP
Governor's Office
Legislature


Recommended by:


Water Management Institute







i0-19'-1' 5 12:58PM FROM TO 918132280340 P.C2


Water Management Institute, Inc.
P. 0. Box 399
Tampa, Florida 33601




MEMORANDUM



To; Marcia Parker October 19, 1995

From: Robert Higgins

Re: Water Management Institute recommendations
to the Water Management Review District
Commission


This is a follow up to our telephone conversation. I have reviewed
the Water Management Institute's recommendation No. 3 which
requests deletion of subparagraph 373.414(2)(b) on the basis that
it is addressed in subparagraph 373.414(1)(a)2. It is true that
some problems associated with this section were corrected as part
of the ERP rule challenge settlement. However, it was only dealt
with at the rule level and was never corrected in the statute. I
would really think that the Water Management District's should
agree to a recommendation to change the statute so that their rules
match.

I have attached a copy of the pertinent section of Chapter 373 and
highlighted the two sections that are being referred to in
subparagraph (1)(a) where threatened and endangered species
protection is considered as part of the "balancing test". However,
in subparagraph (2), additional criteria can be established for
protection of threatened and endangered species. If protection of
threatened and endangered species is part of a balancing test, then
the "additional criteria" for protection of threatened and
endangered species would cause an inherent preference for this
single item in a balancing test.

I hope this clarifies our suggestion. Please feel free to give me
a call if you have any questions.

RWH:sb
95-05
c: Chris Bentley
Buddy Blain


"Water Awareness is Vital to Everyone"


"wave "




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