This meeting is open to the publicAll interested individuals may speak at workshops or meetings of the Florida Fish and Wildlife Conservation Commission (Commission) within the guidelines established by the Commission. To ensure the public's opportunity to be heard and the orderly conduct of the meeting, the Chairman reserves the right to establish a time for adjournment of the workshop or meeting, to limit the time for speakers, and to limit the time allotted for specific agenda items. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting should notify the agency at least five calendar days before the meeting by calling 850-488-6411. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 800-955-8771 (TDD) or 800-955-8770 (Voice). Agenda items listed under headings other than "Rules" may be moved by the Chairman to different days of the meeting to accommodate scheduling problems. The meeting may include fact-finding field trips to Commission-managed areas or facilities; or to other areas to learn about management, and enforcement activities. Individuals will need a record of the proceedings, if any person decides to challenge any decision with respect to any matter considered at the above meeting. For this purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the challenge is based. For information on lodging and restaurants within the area, you may call the Seminole County Visitors Guide at 407-665-2900 or visit their website at http://www.visitseminole.com/tourism-cvb 8:30 am, Wednesday, June 23 Meeting Opening Call to Order Invocation and Pledge of Allegiance to the Flag Recognize a local artist Introduction of Commission employees (Introductions)
Adoption of Agenda Review and Approval of April 28-29, 2010, Commission Meeting Minutes (Unofficial minutes) Approval of Consent Agenda (Attached) Approval of Agenda
Executive Director's Report Items Requiring Action Draft Rule Fox and Coyote Enclosures - Staff will present draft rules and conceptual ideas on ways to improve the fox/coyote enclosure process and the operation of fox/coyote enclosures in Florida. At the February 2010 Commission meeting, staff was directed to work with Stakeholders on ways to address humane treatment issues and translocation of disease concerns relative to the operation of fox/coyote enclosures. Changes to Rules 68A-4.001, F.A.C., General Prohibitions; 68A-9.010, F.A.C., Taking Nuisance Wildlife; and 68A-24.002, F.A.C., Methods of Taking Fur-Bearing Animals, Possession, Open Season, are proposed for consideration to address these issues. (Draft Rule) (Phase Out) (Prohibition) (Altered Fox Pen Discussion presentation) (Brown Letter) (Recommendations) (Draft Suggestions) (General Requirements for a Permit) (Fox/Coyote Enclosure Draft FWC Proposals) (Stakeholder Recommendations) (Stakeholder Recommendations - Jones) (Stakeholder Response) (Summation of suggestions and ideas presented at both public workshops) (Summation of suggestions and ideas received from Weblink) (Article) (Altered Fox Pen Discussion Presentation Update) (Draft Rule Update) (Summation of suggestions and ideas received from Weblink Update) Spring Turkey Season Method of Take - The proposed draft rule changes would restrict firearms to shotguns utilizing number 2 or smaller diameter shot for taking wild turkey during spring turkey seasons on Wildlife Management Areas, Wildlife and Environmental Areas, and Miscellaneous Areas. The amendments will be to sections of Rules 68A-15.004, General Regulations Relating to Wildlife Management Areas; 68A-15.006, Regulations Relating to Miscellaneous Areas; and Rule 68A-17.004, General Regulations Relating to Wildlife and Environmental Areas. (Draft Rule 68A-15.004) (Draft Rule 68A-15.006) (Draft Rule 68A-17.004) (Spring Turkey presentation) Crossbows
68A-1.004 Definitions and 68A-12.002 General Methods of Taking Game; Prohibitions - 68A-1.004 Definitions, 68A-12.002 General Methods of Taking Game; Prohibitions, and 68A-15.006 Regulations Relating to Miscellaneous Areas – The draft rule changes would allow the use of crossbows during archery season only on private lands and on lands otherwise not established as a wildlife management area, wildlife and environmental area or miscellaneous area except that crossbows would be allowed on the Kissimmee Chain of Lakes Area. (Draft Rule 68A-1.004) (Draft Rule 68A-12.002) (Draft Rule 68A-15.006) (Draft Rule 68A-5) (Crossbows presentation)
Staff Report Future of Hunting Initiatives Update (Future of Hunting Initiatives presentation)
Final Rules Airport Safety and Wildlife - Staff will propose rules related to the taking of wildlife on airport property. This proposal will clarify, improve and update the authorizations that are necessary for the safety of people and aircraft on airports. (Summary) (Final Rules presentation) 68A-9.012, Take of Wildlife on Airport Property (NEW) - This is a proposed new rule that would allow airport authorities to take wildlife for the purpose of safety for aircraft and human life. (Take of Wildlife on Airport Property) 68A-9.010, Taking Nuisance Wildlife - This proposed rule amendment removes references to airport safety as that subject will be addressed in new rule 68A-9.012. This amendment also requires the release of any live captured bobcat taken under authority of 68A-9.010. (Taking Nuisance Wildlife) 68A-4.002, Possession of Gun While Using a Light Prohibited - This proposed rule amendment removes a reference to 68A-9.010 in regards to allowing the use of gun and light on airport property and replaces it with the new reference to 68A-9.012. (Gun & Light Rule) 68A-24.005, Transportation and shipping live raccoons - This proposed rule amendment will add a reference to this rule that prohibits transportation of raccoons except as provided in 68A-9.010 by also including the new rule number 68A-9.012 to the exemption. (Transportation and shipping live raccoons) 68A-27.002, Provision for Harassment of Endangered, Threatened and Species of Special Concern on Airport Property - This section of rule would be deleted and the subject matter covered in the new rule 68A-9.012. (Rule Repeal)
Gopher Tortoise Permitting Guidelines (Summary of Revisions) (Gopher Tortoise Permitting Guidelines) (Gopher Tortoise Permitting Guidelines [track-changes]) (Gopher Tortoise Permitting Guidelines [Revisions]) (Gopher Tortoise Permitting Guidelines [Revisions] Update) (Gopher Tortoise Permitting Guidelines Update) Miami Blue Butterfly Management Plan (Management Plan Revision presentation) (Fact Sheet) (Management Plan)
Public Comment on Items Not on the Agenda Commissioner Exchange Recess Wednesday's Portion of the Meeting
Top of page 8:30 am, Thursday, June 24, Reconvene Meeting Opening Call to Order Recognitions Recognize the recipient of the Phil Chapman Conservation Award from the Florida Guides Association Recognize the recipient of the Law Enforcement Officer of the Year Award from the Florida Guides Association American Fisheries Society, Fisheries Administrators Section presents the Commission with the Sport Fishery Development and Management Facilities Award for the Florida Bass Conservation Center Recognize Varley Grantham of Triple S Cattle Company, recipient of the Youth Hunting Program of Florida Landowner of the Year Award
Items Requiring Action Issues Review and discussion of federal delegation- The federal fishery management councils and NOAA Fisheries are proposing to delegate management of spiny lobster, stone crab, yellowtail snapper, mutton snapper, Nassau grouper, and octocorals to the State of Florida. The Gulf Council, South Atlantic Council, FWC staff, and industry representatives will meet jointly on June 7 to discuss the pros and cons of delegated management. (Federal Delegation presentation) (Federal Delegation presentation Update) Review and discussion of Gulf gag grouper - Gulf of Mexico gag grouper is overfished and undergoing overfishing. The Gulf Council is developing an amendment to address this issue and it will contain management alternatives for bag limits, size limits, seasons, and closed areas. (Gulf gag grouper presentation) (Gulf gag grouper presentation Update)
Fishery Management Council Updates Gulf of Mexico Fishery Management Council (GMFMC) - Review and discussion of Gulf of Mexico Fishery Management Council actions to address the following: (Gulf Council Report presentation) (Gulf Council Report presentation Update) Gag and red grouper management measures; the red drum fishery; greater amberjack season, and options for management of the mackerel fishery will be discussed. Staff will report on other GMFMC actions from its scheduled June 14-17, 2010, meeting in Gulfport, MS. South Atlantic Fishery Management Council (SAFMC) - Review and discussion of South Atlantic Fishery Management Council actions to address the following: (South Atlantic Council Report presentation) (South Atlantic Council Report presentation Update) (South Atlantic Council Report presentation Update 2) Development of plans to end overfishing of red snapper and rebuild the fishery; development of annual catch limits and accountability measures for federally managed species not undergoing overfishing; development of a coral management plan in cooperation with the State of Florida; and coordinated management of spiny lobster with the Gulf of Mexico Fishery Management Council and the FWC. Staff will report on additional Council issues from the scheduled June 7-11, 2010, meeting in Orlando, FL. (68B-14.0038 Red Snapper)
Final Rules Weakfish - The proposed rule would modify the Commission's rule for weakfish to decrease the size of the weakfish management area and become compliant with recently passed Atlantic States Marine Fisheries Commission's (ASMFC) Interstate Fishery Management Plan (IFMP) for Weakfish, which was modified to help improve the depleted status of the fishery along the entire Atlantic coast. The portions of the weakfish rule that would be modified are listed below. (Weakfish FPH presentation) (68B-47 Weakfish) 68B-47.001, Definitions - The proposed rule would modify the definition of weakfish, Cynoscion regalis, to distinguish it from the sand seatrout, Cynoscion arenarius and would define a weakfish management area where all weakfish-like fish (including weakfish, sand seatrout, and their hybrids) would be considered weakfish and all weakfish-like fish outside the area would be considered a sand seatrout. The management area would include the St. Mary's River and the inland waters of Nassau County east of Highway 17, north of State Highway 200A, and north of the Shave Bridge on the Amelia River. In addition, state waters off Amelia Island from the Florida-Georgia border to the tip of Amelia Island would be included in the area. In addition, a definition of harvest for commercial purposes would also be created. 68B-47.003, Recreational Bag Limits - The proposed rule would reduce the recreational bag limit of weakfish from four fish per person per day to one per person per day inside the weakfish management area. 68B-47.005, Commercial Harvest Limits - The proposed rule would establish a new commercial harvest limit section where a limit of 100 pounds of weakfish per vessel per day or per trip (whichever is the longer period of time) would be added. This limit would apply to both directed commercial fisheries as well as all non-directed commercial fisheries inside the weakfish management area. In addition, a possession limit of 100 pounds of weakfish for commercial harvest would also be established within the management area. There is currently no commercial harvest limit for the weakfish fishery. 68B-47.006, Weakfish, Regulation - The proposed rule would establish a new section where the presence of weakfish-like fish aboard a vessel that is actively fishing within the weakfish management area shall constitute prima facie evidence that such weakfish-like fish were harvested from the management area and thus the proposed limits for recreational and commercial harvest would apply to those fishermen.
Swordfish Federal Consistency - Recreational swordfish bag and size limits - The proposed rule amendment would achieve consistency between the Commission's Billfish and Swordfish Rule on the size and bag limit for recreational harvesters of swordfish with federal rules regarding recreational size and bag limits that were amended in 2007. If the Commission approves staff recommended rule language that state rules should be adopted consistent with the federal regulations, staff will file a notice of proposed rulemaking pursuant to 120.54(6) Florida Statutes, which allows adoption of a rule identical to the federal regulation without further rulemaking or public hearing. Swordfish are managed in federal waters adjacent to Florida by NOAA Fisheries Service's Highly Migratory Species Division. (Swordfish Consistency presentation) (Swordfish Consistency Draft Rule Language) 68B-33.004 Size Limits - The proposed rule amendment would remove the 33 pounds dressed weight limit from rule and would leave the 47 inch minimum lower jaw to fork length measurement and the 29 inch cleithrum to keel length measurement as the only applicable size limits. 68B-33.0034 Swordfish: Recreational Bag and Possession Limits - The proposed rule would increase the recreational vessel possession limit from 3 swordfish aboard any vessel with 3 or more anglers to 4 swordfish aboard any vessel with 4 or more anglers, the proposed rule would also create a special charter boat vessel limit of 1 swordfish per paying customer with a vessel limit of 6, and a special head boat vessel limit of 1 swordfish per paying customer with a vessel limit of 15. The bag limit for charter and head boats would not extend to the captain and crew of the for-hire vessels.
Rules Related to Boating Safety (Boating and Waterways Draft Rules presentation) Boating Restricted Areas - 68D-21, Approval of Local Ordinances Establishing Boating Restricted Areas (NEW) - The proposed new rule addresses waterway management issues resulting from last year's passage of Chapter 2009-86 (CS/CS/HB/1423). The proposed rule will implement the process for the Commission to review and approve local boating ordinances before they take effect. (Boating and Waterways Draft Rule) (Boating and Waterways Draft Rule Update) Uniform Waterway Markers - 68D-23, Uniform Waterway Markers in Florida Waters - The proposed rule amendment incorporates recent statutory changes (resulting from last year's passage of Chapter 2009-86) to the approval process for certain waterway markers.
Reptiles of Concern and Non-Native Species (Reptiles of Concern and Non-Native Species Presentation) (68A-6 007 and 0072) 68A-6.0072, F.A.C., Identification of Non-Native Venomous Reptiles and Reptiles of Concern; Escape-The proposed rule amendment will require possessors of Reptile of Concern (ROC) constrictors to permanently identify the ROC upon reaching 1 inch in diameter. It also provides an exemption for the permanent identification requirements for ROC constrictors being held for export purposes, not to exceed 180 days, with specified record-keeping requirements. Also the previous language providing for a delay in the effective date of the marking requirements will be deleted as it is no longer needed. NOTE: Staff will be requesting approval of a change to the advertised rule to delete the language that is no longer needed. 68A-6.007, F.A.C., Possession, Transportation, Exhibition and Caging Venomous Reptiles and Reptiles of Concern-The proposed rule change deletes six currently listed ROC species. An amendment to a different rule (68-5.002 F.A.C.) makes these species conditional non-native snakes and lizards. Note: Staff is requesting Commission approval to advertise this proposed amendment and file for adoption as soon as possible. If approved, staff will file the rule for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing. 68-5.001 Introduction of Non-native Species into the State-The proposed rule changes would provide consistent language for importation and possession of conditional and prohibited species and codify the requirements for permits to possess prohibited species for public exhibition. Rule language pertaining to permits for research of conditional and prohibited species is lacking and outdated; proposed rule changes would update rule language and provide criteria for denial of research permits for conditional and prohibited species. Proposed rule changes also would incorporate the rules pertaining to the caging and transport of reptiles of concern (currently in 68A-6.007) and provide language for the revised protocols for importation of leopard, African spurred and Bell's hingeback tortoises. 68-5.002 Conditional Non-native species-The proposed rule amendment would add six former reptiles of concern species and their taxonomic successors to the list of conditional species. Note: Staff will be recommending a change to correct a mistaken inclusion of Boelen's python on the list which was previously advertised in the proposed rule amendment. 68-5.004 Amnesty for Persons Relinquishing Non-native Pets-The proposed rule amendments would allow reptile dealers that hold a valid permit for possession of conditional reptile species to legally accept unlicensed reptiles listed as conditional species at any time of the year. This will provide outlets for these unwanted nonnative animals and help prevent their being released. 68A-15.064, Specific Regulations for Wildlife Management Areas - South Region-The proposed rule amendments will add "Conditional snakes and lizards" as animals that may be taken in Big Cypress, Holeyland, Everglades and Francis S. Taylor, and Rotenberger Wildlife Management Areas. Additionally the amendments will add that these animals can be taken during the extended season for those areas (except Big Cypress). Method of take and reporting requirements will be the same as for ROC and none may be removed alive. Note: Staff is requesting Commission approval to advertise these proposed amendments and file for adoption as soon as possible. If approved, staff will file the rule for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing. (68A-15.064 Draft Rule) (68A-15.064 Draft Rule Update)
Staff Reports Black Bass Management Plan Development Update (Bass Plan presentation) The Division of Freshwater Fisheries Management is continuing to reach out to stakeholders to develop a comprehensive long-term Black Bass Management Plan for Florida. This will be a report on preliminary public meetings, survey results and development of a Technical Assistance Group, as well as the process and timeline for completing the plan. Legislative Report
Public Comment on Items Not on the Agenda Commissioner Exchange Commission Administrative Matters The next regular Commission meeting is scheduled September 1-3, 2010, Weston, commencing at 8:30 a.m. each day.
Adjournment
Top of page Consent Agenda Review and approval of anticipated early season migratory bird hunting regulations for 2010-2011. This includes hunting season and bag limits for dove, rail, gallinule, woodcock, snipe, Canada geese, and special September duck seasons. (Early Migratory Bird Seasons Report) Lionfish Final Rule - At the request of the John Pennekamp Coral Reef State Park staff, the proposed rule amendment would modify the Commission's rule for the prohibition of harvest on certain species in John Pennekamp Coral Reef State Park in order to facilitate the removal of this species from the Park. The rule would be modified as follows: (Lionfish FPH presentation) (68B-5.002 Lionfish) 68B-5.002, John Pennekamp Coral Reef State Park; Prohibition on Harvest of Certain Species, Size Limits; Trappers to Comply with Rule 68B-24.0065 - The proposed rule amendment would allow any person to take, kill, or possess a lionfish (Pterois volitans) inside John Pennekamp Coral Reef State Park by removing the harvest prohibition on the Scorpaenidae family. Additionally, it would exempt lionfish from the eight inch minimum size limit that applies to most fish harvested within the State Park's boundaries. Allowing the harvest of lionfish within the State Park should facilitate the ongoing lionfish eradication efforts in the Florida Keys. In addition, this proposed rule amendment would update scientific names for several species listed within this rule.
Spanish Mackerel Federal Consistency - Atlantic Ocean Commercial Spanish Mackerel Season - The proposed rule amendment would achieve consistency between the Commission's Spanish Mackerel Rule and the federal rules regarding the start date of the fishing year and vessel limit schedules in the Atlantic Ocean. These federal Atlantic Spanish mackerel rules were amended in 2008. If the Commission approves staff recommended rule language that state rules should be adopted consistent with the federal regulations, staff will file a notice of proposed rulemaking pursuant to 120.54(6) Florida Statutes, which allows adoption of a rule identical to the federal regulation without further rulemaking or public hearing. Spanish mackerel are jointly managed by the Gulf of Mexico and South Atlantic Fisheries Management Councils under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Atlantic and Gulf of Mexico in federal waters adjacent to Florida. (Spanish Mackerel Consistency presentation) 68B-23.004, Commercial Season for Spanish Mackerel; Commercial Vessel Limits- The proposed rule amendment would change the commercial fishing year from April 1 through March 31 to March 1 through the end of February and would change the start date for the 3,500 pound commercial vessel limit from April 1 to March 1 for Spanish mackerel in state waters of the Atlantic Ocean.
Delegation of Final Approval of Acquisition Agreements that exceeds $250,000 to the Commission's Executive Director, Nick Wiley until September 2010. (Temporary Delegation) Babcock Ranch Preserve (Babcock Ranch Rule) Take of fish and wildlife on Babcock Ranch Preserve - The proposed rule amendment would delegate the authority to manage hunting and fishing opportunities to the Preserve Manager, consistent with the Babcock Ranch Preserve Act, the Management Agreement and legislative intent to further the purposes of the Preserve. The proposed amendment to Rule 68A-15.006, Regulations Relating to Miscellaneous Areas, will allow the Preserve Manager the opportunity to accrue revenue by instituting hunting and fishing opportunities envisioned by the Recreation Master Plan within the constraints of the approved Management Plan and statewide regulatory hunting framework. These opportunities would be subject to oversight of Commission staff and the Florida Division of Forestry. This proposed rule amendment does not apply to that portion of the Preserve owned by Lee County. Interim public hunting opportunities currently offered by the Commission will continue until the Preserve Manager is able to assume this role. Non-native Species 68-5.003 Prohibited Non-native Species - The proposed rule changes would correct two rule references and a spelling error. (68-5.003) NOTE: Staff is requesting Commission approval to advertise the proposed amendment (Item 6) and file for adoption as soon as possible. If the rule amendment is approved for both advertisement and final adoption, Commission staff will file the rule for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
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