Fla. Admin. Code R. 68E-1.004
(2) Permit Criteria: An individual, firm or corporation must be a properly accredited person in accordance with Section 379.2431(1)(c), F.S., must have specific experience with marine turtles and the proposed activity, and must meet the applicable criteria in this rule to be eligible to receive authorization from the Commission to undertake activities for research, conservation, or educational purposes that involve any of the prohibited actions listed in Section 379.2431(1)(d)1., F.S. The Commission shall not issue permits to applicants unable to demonstrate a working knowledge of current marine turtle conservation practices, to applicants lacking specific experience in conducting the requested activities, to applicants who do not meet the applicable criteria in this chapter, or if there is no demonstrated need for the project.
(b) Educational or Conservation Purposes: To be eligible to receive a permit for educational or conservation purposes such as conducting nesting beach surveys, stranding, tagging, or holding marine turtles in captivity, an individual, firm or corporation must identify:
1. Principal Officer: A principal officer who shall be listed on the permit and who is duly authorized to make legally binding decisions for the applicant. An individual applicant can identify themselves as the principal officer. The principal officer shall be independently responsible for ensuring that all activities are conducted in accordance with all terms and conditions of the permit, this chapter, and the Handbook and that all reports are submitted by the deadlines identified in the permit or the Handbook.
2. Qualified Individual: One or two qualified individuals who meet the requirements in this chapter and the Handbook for the requested activity. If more than one qualified individual is identified, the permit shall specify a lead qualified individual who shall serve as the primary contact for all authorized activities. The lead qualified individual, in addition and independently of the principal officer, shall be responsible for ensuring that all activities are conducted in accordance with all terms and conditions of the permit, this chapter, and the Handbook and that all reports are submitted by the deadlines identified in the permit or the Handbook. An individual applicant can identify themselves as the qualified individual. For a firm or corporation, the qualified individual(s) must either be in the applicant’s employment or be affiliated with the applicant as a volunteer and be identified in the application by name. The lead qualified individual shall make all decisions concerning direct interactions with marine turtles including nesting beach surveys, marking and relocating nests, educational displays and activities, and basic husbandry and care for holding marine turtles in captivity in conjunction with the veterinarian listed on the permit. In the event a qualified individual leaves employment or discontinues their affiliation with the corporation or firm, the permit holder shall notify the Commission within forty-eight hours, and within 30 days secure the services of another qualified individual who meets all requirements in this rule and the Handbook.
(3) Processing: Applications submitted in accordance with subsection (1), shall be reviewed and processed as follows:
(4) Nesting Beach Surveys: Applicants requesting a Marine Turtle Permit for the first time to conduct nesting surveys as a permit holder shall meet the following additional criteria or employ or identify at least one qualified individual who is affiliated with the applicant and who meets these criteria. Applicants shall submit documented information detailing how each qualified individual meets the following requirements including dates and specific location(s) where experience was acquired.
(b) To document the qualified individual’s experience, the applicant shall submit the following information:
1. The specific duties and responsibilities related to marine turtle conservation that have been carried out.
2. The frequency with which nesting surveys were conducted.
3. The area that was surveyed.
4. Whether surveys were conducted independently or with other authorized personnel.
5. Approximate number of crawls observed during a two (2) year period.
6. List of all of training that was received or presented and name of trainer.
7. Years of program oversight and number of others supervised.
(5) Nest Relocation: To qualify to relocate marine turtle nests, the applicant’s qualified individual shall have a minimum of twenty-five (25) hours of having successfully relocated marine turtle nests obtained within the past five (5) years. Applicants shall submit documented information detailing how the qualified individual meets this requirement including dates and specific location(s) where experience was acquired. Relocations shall be considered successful if the hatch and emergence success meets or exceeds the hatch and emergence success averaged by species statewide. As part of the application, the applicant shall provide complete up-to-date documentation of the qualified individual’s relocation experience including paragraphs (a) and (b), below. State and federal employees who are requesting a permit to relocate marine turtle nests on state or federal land are not required to meet this criterion.
(b) To document the qualified individual’s experience, the applicant shall submit the following information:
1. List of all relocated nests with reason for relocation.
2. List of beach sites that received relocated nests and explanation of how they were chosen.
3. Hatching success data for all relocated nests.
4. Other information that documents experience or training for nest relocation.
(6) Duplicate Requests: Upon receipt of multiple applications to conduct nesting surveys on the same designated beach, Commission staff shall consider the following in permit decisions.
(7) Regulatory Permit Monitoring: In the event a local, state or federal regulatory permit requires additional marine turtle nesting surveys and conservation activities on a beach that is already a part of either the Statewide or Index Nesting Beach Surveys, Commission staff shall modify the existing Marine Turtle Permit to include any additional survey or monitoring requirements of the regulatory permit if requested in writing by both the Marine Turtle Permit holder and the regulatory permittee. Otherwise a second authorization to conduct those activities required as conditions of the regulatory permit may be requested pursuant to subsection (1), above.
(11) Scientific Research: To qualify to conduct research with marine turtles, parts thereof, or their nests, applicants must be an individual who must submit a research proposal as outlined in Section 6 of the Handbook, which shall be reviewed and processed as follows.
(a) All research requests shall be reviewed by FWC staff to ensure the requirements of Section 379.2431(1), F.S., this chapter, and the Handbook are met. The Commission, using prudent peer review standards, shall consider the following in scientific research permit decisions:
1. The appropriateness of the proposed scientific methodologies,
2. The need for the research,
3. The extent that the project is designed to avoid or minimize negative impacts to marine turtles; and,
4. The potential for the research to add to scientific knowledge about marine turtle biology and to promote the recovery of marine turtle populations.
(b) FWC staff shall process requests to conduct scientific research with marine turtles as follows:
1. Requests to amend an existing research project to include methods that are minimally invasive or have negligible impacts or that propose the addition of a technique other than lethal take that the individual is currently approved to utilize in other FWC-authorized research projects will not require external peer review.
2. New research projects or amendments that include a technique that the individual has not been previously authorized to conduct with a particular marine turtle species or requests that include lethal take shall be submitted for external peer review in accordance with this chapter and the Handbook.
(c) External peer reviewers shall be invited to review proposals based on specific expertise, experience, or publication in the proposed methodology, procedure, species, or issue being investigated. External peer review shall proceed as follows:
1. Complete copies of research proposals that meet the requirements in the Handbook shall be sent to as many as five peer reviewers along with copies of relevant documents such as the primary investigator’s curriculum vitae.
2. External peer reviewers shall be asked to comment on research objectives, methodology, study duration, potential for impacts to the experimental animals, investigator’s experience in the proposed technique, and the potential for the research to add to scientific knowledge about marine turtle biology and to promote the recovery of marine turtle populations.
3. External peer reviewers shall be asked to identify any potential conflicts of interest they may have with the proposed research or individual proposing it.
(12) Captive Facilities: To qualify to hold or to rehabilitate marine turtles for a conservation purpose or for education, applicants with ownership or control over property that maintains adequate equipment to safely hold and care for marine turtles for the purposes of the permitted activity and that meet the requirements of this chapter and Section 4 of the Handbook must do the following:
(a) Applicants requesting a permit to hold marine turtles for rehabilitation or education for the first time shall identify a principal officer and provide documentation of at least one qualified individual who will be responsible for the care and treatment of marine turtles in accordance with paragraph (2)(b), above. The following documentation of experience shall be submitted to the Commission and be subject to approval upon initial application and upon each instance of an application for amendment to change the qualified individual.
1, The qualified individual responsible for the care and treatment of marine turtles shall have no less than one (1) year with 1,000 hours experience in the direct care, feeding, handling, and husbandry of marine turtles. Applicants shall submit a notarized statement describing each qualified individual’s specific experience, the date, and the specific location(s) where acquired.
2. Applicants shall provide two (2) references from individuals having personal knowledge of the qualified individual’s experience in the husbandry and care of marine turtles. These references may include members of a professional organization or governmental institution such as universities, public agencies, zoological associations, herpetological societies and veterinarians. At least one reference must have specific experience holding marine turtles in captivity. Personnel supervised by the applicant or the qualified individual may not be used as a reference. Complete addresses, telephone numbers, and email addresses should be provided for each reference.
3. The applicant shall provide documentation that each qualified individual has agreed to provide care for the marine turtles to be housed in association with the application.
4. Each qualified individual shall be listed on the permit and, in conjunction with the veterinarians providing care, shall be responsible for all decisions related to holding, care, display, and public or media interaction with captive marine turtles.
(b) Veterinary care shall be provided by facilities holding or rehabilitating marine turtles. Veterinarians providing marine turtle care shall have expertise with marine turtles as outlined in this chapter and Section 4 in the Handbook. The applicant shall identify at least two veterinarians who will provide the care at the facility and include documentation of each veterinarian’s experience with the application. The veterinarians identified in the application shall be listed on the Marine Turtle Permit.
1. The applicant shall provide references from practicing marine turtle rehabilitation veterinarians having personal knowledge of each proposed veterinarian’s clinical proficiency in marine turtle rehabilitation, records of prior permits for the keeping of captive marine turtles, employment records, and any other competent documentation of the requisite experience to document proficiency with marine turtle care and treatment.
2. The applicant shall provide documentation that the veterinarians have agreed to provide veterinary care for marine turtles to be housed in association with the application.
3. For facilities located in Florida, the applicant shall provide a copy of a valid State of Florida veterinary license (Chapter 474, F.S.) and U.S. Drug Enforcement Administration (DEA) Controlled Substance Registration Certificate for each proposed veterinarian. For facilities located in other states, the applicant shall provide a copy of a valid veterinary license issued by the state where the facility is located. If one of the veterinarians holds a DEA Certificate for the facility’s address and the appropriate controlled drugs are stored in accordance with federal regulations onsite for use by all veterinarians, than only one DEA Certificate is required. If controlled substances are not going to be stored onsite under a DEA Certificate for that site, than all attending veterinarians must have DEA Certificates.
(c) All facilities making application to hold or to rehabilitate marine turtles are subject to inspection by Commission personnel before issuance of a permit and on a periodic basis for the duration of the permit, if issued.
1. All systems and exhibits proposed to house marine turtles must be in place and fully operational for a minimum of two (2) weeks prior to inspection, including but not limited to: structures, water source, water treatment and filtration systems, lighting, security, food storage, food preparation area(s), medical treatment areas and equipment, and educational signage.
2. The facility shall submit documentation that all water quality parameters identified in the Handbook have been met during that period.
3. The initial inspection must occur no sooner than two (2) weeks after the facility is completely operational.
(14) Marine Turtle Conservation Handbook: The Commission Marine Turtle Conservation Handbook (effective 6/16) related to nesting surveys, nest relocation, release, and other management or conservation activities is hereby incorporated by reference and is available at the address listed in subsection (1), above, and online at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07547" https://www.flrules.org/Gateway/reference.asp?No=Ref-07547.
(b) The following forms, instructions and protocols are included in the Handbook and are hereby incorporated by reference.
1. Nourishment Monitoring Spreadsheet (FWC Form Nourish-1, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07548" https://www.flrules.org/Gateway/reference.asp?No=Ref-07548.
2. FWC Statewide Nesting Beach Survey Instructions (effective 6/16) are available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07549" https://www.flrules.org/Gateway/reference.asp?No=Ref-07549.
3. FWC Fish and Wildlife Research Institute Statewide Nesting Beach Survey (SNBS) Protocol (effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07550" https://www.flrules.org/Gateway/reference.asp?No=Ref-07550.
4. FWC Fish and Wildlife Research Institute Index Nesting Beach Survey (INBS) Protocol (effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07551" https://www.flrules.org/Gateway/reference.asp?No=Ref-07551.
5. Rare Species Documentation Protocol (effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07553" https://www.flrules.org/Gateway/reference.asp?No=Ref-07553.
6. Tips and Tricks for Using a GPS Unit to Record Locations (effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07554" https://www.flrules.org/Gateway/reference.asp?No=Ref-07554.
7. Nest Productivity Assessment Spreadsheet (FWC Form NPA-1, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07555" https://www.flrules.org/Gateway/reference.asp?No=Ref-07555.
8. Nest Productivity Assessment Protocol (effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07556" https://www.flrules.org/Gateway/reference.asp?No=Ref-07556.
9. FWC Marine Turtle Disorientation Report (FWC Form Dis-1, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07557" https://www.flrules.org/Gateway/reference.asp?No=Ref-07557.
10. Disorientation Form Instructions (effective 6/16) are available at HYPERLINK "https://www.flrules.org/gateway/reference.asp?No=Ref-07565" https://www.flrules.org/gateway/reference.asp?No=Ref-07565.
11. FWC Marine Turtle Obstructed Nesting Attempt Report Form (FWC Form ONA-1, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07558" https://www.flrules.org/Gateway/reference.asp?No=Ref-07558.
12. FWC Obstructed Nesting Attempt Instructions (effective 6/16) are available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07559" https://www.flrules.org/Gateway/reference.asp?No=Ref-07559.
13. Sea Turtle Stranding and Salvage Network Stranding Report (FWC Form STSSN-1, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07560" https://www.flrules.org/Gateway/reference.asp?No=Ref-07560.
14. Fibropapilloma Documentation Form (FWC Form STSSN-2, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07561" https://www.flrules.org/Gateway/reference.asp?No=Ref-07561.
15. Protocol for Responding to Cold-Stunning Events (effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07562" https://www.flrules.org/Gateway/reference.asp?No=Ref-07562.
16. Cold Stun Event Turtle Data Form (FWC Form STSSN-3, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07563" https://www.flrules.org/Gateway/reference.asp?No=Ref-07563.
17. Sea Turtle Stranding and Salvage Network Gross Necropsy Report (FWC Form STSSN-4, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07564" https://www.flrules.org/Gateway/reference.asp?No=Ref-07564.
18. FWC Cooperative Marine Turtle Tagging Program (CMTTP) Tagging Data Form (FWC Form TAG-1, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07566" https://www.flrules.org/Gateway/reference.asp?No=Ref-07566.
19. FWC Marine Turtle Holding Facility Quarterly Report (FWC Form CAP-1, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07567" https://www.flrules.org/Gateway/reference.asp?No=Ref-07567.
20. Marine Turtle Transfer Form (FWC Form CAP-2, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07568" https://www.flrules.org/Gateway/reference.asp?No=Ref-07568.
21. Educational Presentations Using Live Turtles Reporting Form (FWC Form E-1, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07569" https://www.flrules.org/Gateway/reference.asp?No=Ref-07569.
22. Checklist for Pre-emergent Hatchling Collection (FWC Form Res-1, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07570" https://www.flrules.org/Gateway/reference.asp?No=Ref-07570.
23. FWC Marine Turtle Annual Research Reporting Form (FWC Form Res-2, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07571" https://www.flrules.org/Gateway/reference.asp?No=Ref-07571.
24. FWC Public Turtle Watch Schedule (FWC Form E-2, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07572" https://www.flrules.org/Gateway/reference.asp?No=Ref-07572.
25. FWC Public Turtle Watch Summary (FWC Form E-3, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07573" https://www.flrules.org/Gateway/reference.asp?No=Ref-07573.
26. FWC Nighttime Public Hatchling Release Form (FWC Form E-4, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07574" https://www.flrules.org/Gateway/reference.asp?No=Ref-07574.
27. FWC Public Hatch Success Evaluation Form (FWC Form E-5, effective 6/16) is available at HYPERLINK "https://www.flrules.org/Gateway/reference.asp?No=Ref-07575" https://www.flrules.org/Gateway/reference.asp?No=Ref-07575.
(16) Permit Duration: Permits shall be valid for one to two years as follows:
(18) Authorized personnel: The Commission shall allow up to twenty-four authorized personnel to conduct the marine turtle conservation work under the supervision and request of the permit holder or lead qualified individual. The permit shall not exceed twenty-six listed names.
(19) Permit Renewal: Renewal of existing Marine Turtle Permits shall occur as follows:
Rulemaking Authority 379.2431(1), 379.244(2) FS. Law Implemented 379.2431(1), 379.244(2) FS. History–New 2-11-81, Amended 8-6-81, Formerly 16B-40.04, 16B-40.004, 16R-1.004, 62R-1.004, Amended 7-1-04, 12-9-07, 3-24-13, 7-20-14, 11-23-16.