Commission Meeting

December, 2010 Commission Meeting

This meeting is open to the public

All 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.  Contact the agency using the Florida Relay Service at 800-955-8771 (TDD) or 800-955-8770 (voice) if you are hearing or speech impaired.

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.

Typically, the Chairman may ask staff and the public to work through lunch on either day.  Please plan accordingly.

If any person decides to challenge any decision with respect to any matter considered at the meeting, 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 Greater Ft. Lauderdale Convention and Visitors Bureau at 1-800-22-SUNNY or visit their website at http://www.sunny.org

Agenda

8:30 am, Wednesday, December 1

1. Meeting Opening

   1. Call to Order

   2. Invocation and Pledge of Allegiance to the Flag

   3. Recognitions

      1. Mike Zimmer, Rick Murphy, and Barkey Haddad, FWC partnership

      2. Harvey E. Oyer, III, local author and historian

      3. Holly Grissinger, recipient of the FWC's Outstanding Prosecutor of the Year Award

      4. Officer Richard Wilcox, recipient of the Shikar-Safari Club International Officer of the Year Award

   4. Introduction of Commission employees (Employee Introductions)

2. Adoption of Agenda

   1. Review and Approval of September 1-3, 2010, Commission Meeting Minutes ( September Meeting Minutes) ( September Meeting Minutes - Update)

   2. Approval of Consent Agenda (Attached)

   3. Approval of Agenda

3. Executive Director's Report

4. Items Requiring Action

   1. Issues

      1. Review and discussion of Florida Youth Conservation Centers Network Initiative ( Youth Conservation Centers presentation)

   2. Draft Rules

      1. Deer Season Alignment ( WMA season alignment presentation) ( NW Region Season Changes) ( NE Region Season Changes) ( NC Region Season Changes) ( SW Region Season Changes) ( S Region Season Changes)

      2. Deer Harvest Reporting ( Deer Reporting presentation) ( Draft Rule 68A-12.003) ( Draft Rule 68A-12.004) ( Deer Reporting presentation update)

      3. Proposed Rule Changes for Hunting and Freshwater Fishing for 2011-2012 ( Draft Rule 68A-09.004) ( Draft Rule 68A-15.005) ( Draft Rule 68A-15.006) ( Draft Rule 68A-15.061) ( Draft Rule 68A-15.062) ( Draft Rule 68A-15.063) ( Draft Rule 68A-15.064) ( Draft Rule 68A-15.065) ( Draft Rule 68A-17.005) ( Draft Rule 68A-23.005) ( A Public Comment Summary on Draft Rules) ( Rules Presentation)

   3. Reports

      1. Everglades Stormwater Treatment Areas ( Update on STAs presentation)

      2. Update on the Big Cypress National Preserve Addition Lands

      3. Report on the Ducks Unlimited Manitoba, Canada Trip

      4. Report on the results of the changes to Florida's 2009-2010 Quota Hunt System ( Quota Update Presentation)

      5. Annual Work Plan Division of Hunting and Game Management ( HGM 2011-2012 Work Plan presentation)

5. Public Comment on Items Not on the Agenda

6. Commissioner Exchange

7. Recess Wednesday's Portion of the Meeting

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8:30 am, Thursday, December 2, Reconvene

1. Meeting Opening

   1. Call to Order

   2. Approval of Consent Agenda (Attached)

   3. Recognitions

      1. Julie Morris, former member of the Gulf of Mexico Fishery Management Council

      2. Richard O'Neill, presentation of Service Commendation

   4. Election of Chairman and Vice Chairman for 2011

2. Items Requiring Action

   1. Fishery Management Council Updates

      1. 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)
         
         Staff will update the Commission on the greater amberjack season, stone crab management, gag and red grouper management, red snapper total allowable catch for 2011-2012, and options for management of the mackerel fishery.  Staff will report on other GMFMC actions from its scheduled October 25-29, 2010, meeting in Baton Rouge, Louisiana.

      2. 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)
         
         Staff will present reports on the development of a regulatory amendment that would allow NOAA Fisheries Service to modify red snapper regulations in response to a new stock assessment scheduled for completion in late fall 2010; continued development of amendments to address federally mandated annual catch limits and accountability measures for a variety of species not undergoing overfishing (including spiny lobster); plan development to address rebuilding of the red grouper population; and plan developments underway to address effort limitation in a variety of commercial fisheries.  Staff will include updates on other agenda items as they are finalized for the December 5-10, 2010, SAFMC meeting in New Bern, North Carolina.

   2. Final Rules

      1. Federal consistency action for Individual Fishing Quotas for Gulf Grouper and Tilefish - The Commission will consider providing state regulations for reef-fish licensing requirements for the commercial harvest and sale of groupers and tilefish in state waters of the Gulf of Mexico.  This change would provide consistency with federal regulations implemented by National Oceanic and Atmospheric Administration (NOAA) Fisheries Service in January 2010 as part of the Individual Fishing Quota (IFQ) program.  If the Commission approves, staff will file a notice of proposed rulemaking pursuant to 120.54(6) Florida Statutes, which allows for the adoption of a rule identical to the federal regulation without further rulemaking or public hearing.  The rule section that would be modified is listed below. ( Federal Consistency for IFQs Rule)

         1. 68B-14.0045, Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits - The proposed rule amendment would require commercial harvesters to hold a federal Gulf IFQ vessel account when fishing for grouper and tilefish in the Gulf of Mexico, it would also remove the grouper vessel limit in Gulf waters, and it would clarify which federal permits and licenses are required and that they must be issued to and possessed aboard the vessel while harvesting reef fish for commercial purposes.

   3. Draft Rules

      1. Permit, Florida pompano and African pompano fisheries - To give the permit fishery more protection and increase the enforceability of current state regulations, the Commission is considering the extension of current state regulations into federal waters, where the permit fishery is currently unregulated.  In addition, because Florida pompano and African pompano are managed together with permit in the same rule, changes are being proposed for all of these species.  The proposed draft rules would modify the Commission's rule for permit, Florida pompano, and African pompano as follows: ( Permit and Pompano Draft Rule presentation) ( Permit and Pompano Draft Rule presentation update)

         1. 68B-35.002, Definitions - The proposed draft rule would add definitions of harvest for commercial purposes, person, recreational harvester and spearing.

         2. 68B-35.003, Size and Bag Limits; Prohibition of Sale - The proposed draft rule would extend current size regulations for permit, Florida pompano, and African pompano for recreational and commercial harvesters into adjacent federal waters.  It would also prohibit the possession of any permit or Florida pompano with a fork length greater than 20 inches on commercial vessels in all waters.  As a technical modification, the bag limit language in this section would be moved into a newly created section of the rule.

         3. 68B-35.0035, Bag Limits - The proposed draft rule would establish this new section to define bag limits for permit, Florida pompano, and African pompano.  As a technical modification, the bag limits from elsewhere in this rule would be moved to this new section.  This proposed rule would extend current recreational bag limit regulations for permit and Florida pompano into federal waters.  It would reduce the recreational bag limit of permit to two fish within the six fish permit and pompano aggregate bag limit.  Only one of these two permit could be greater than 20 inches.  It would also extend the current commercial bag limit of 250 Florida pompano into federal waters.  The proposed draft rule would also prohibit the commercial harvest and sale of permit, except as an incidental bycatch allowance when targeting pompano within the currently established Pompano Endorsement Zone (PEZ).  The proposed draft rule would also extend the bag limit for African pompano for all harvesters into federal waters.

         4. 68B-35.004, Gear Specifications and Prohibited Gear - The proposed draft rule would extend the current allowable recreational and commercial gears for permit, Florida pompano, and African pompano into federal waters.  Spearing would be added as an allowable gear for recreational harvest of permit and Florida pompano greater than 20 inches fork length in federal waters.  As a technical modification, the pompano endorsement zone boundaries and gear language would be moved to another section of the rule.

         5. 68B-35.005, Commercial Pompano Harvest Requirements: Pompano Endorsement Criteria; State and Federal Waters Pompano Daily Harvest Limits and License Requirements for Sale or Purchase - The proposed draft rule would allow pompano endorsement holders to incidentally harvest permit while targeting Florida pompano in the PEZ using gill nets, with a 100 permit incidental bycatch allowance.  As a technical modification, the proposed draft rule would add Florida pompano endorsement gear language and PEZ boundaries to this part of the rule, clarify that zone possession restriction for Florida pompano would now include permit, clarify the language on PEZ boundaries and landing requirements, and rename this section of the rule.

         6. 68B-35.006, Closed Season - The proposed draft rule would establish this new section to define a closed season for permit and pompano.  The proposed closed season would be May, June, and July, and would apply in all waters for permit and pompano greater than 20 inches.

      2. Broward County Manatee Rules ( Broward Rule presentation) ( FWC staff response to Broward County LRRC report) ( Final report from the Broward County LRRC)

         68C-22.010 - Review and discussion of staff recommendations for changes to the state manatee protection rule for Broward County.

3. Reports

   1. Report on Wounded Warrior Event

   2. Discussion of saltwater game fish designation concept ( Saltwater Gamefish Definition - Staff Report presentation)

   3. Green Iguana Risk Assessment ( Green Iguana Risk Assessment)

      The 2010 Florida Legislature directed FWC to "evaluate the placement of additional species, such as iguanas, on the list of reptiles of concern." FWC convened a stakeholder group to assess the environmental, economic and human health risks of green iguanas, and to recommend regulatory options to reduce those risks. The panel also considered other measures to manage green iguana populations. FWC staff has reviewed the panel recommendations and will present a summary report and present a draft process for determining the regulatory status of other non-native animals.

   4. Legislative Report

   5. Annual Work Plan Division of Habitat and Species Conservation ( HSC 2011-12 Work Plan presentation)

   6. Annual Work Plan Division of Law Enforcement ( Law Enforcement 2011-12 Work Plan presentation)

   7. Annual Work Plan Division of Marine Fisheries Management ( Marine Fisheries Management 2011-12 Work Plan presentation)

   8. Annual Work Plan Division of Freshwater Fisheries Management/Black Bass Update  ( Freshwater Fish Work Plan and BB Presentation Update)

4. Public Comment on Items Not on the Agenda

5. Commission Administrative Matters

   1. The next regular Commission meeting scheduled on February 23-24, 2011, Apalachicola, commencing at 8:30 a.m. each day.

6. Adjournment

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Consent Agenda

Wednesday, December 1

1. 68A-13.003, F.A.C., Hunting Regulations for Ducks, Geese, and Coots - The proposed rule would change the daily bag limit for pintails from one to two during the open season. ( Waterfowl Seasons)

2. 68A-20.005, F.A.C., Specific Fish Management Area Regulations - The proposed rule changes are to alter the bag limit for black bass in Orange and Lochloosa Lakes Fish Management Areas (Alachua County).  The changes would change the present black bass daily bag limit of three fish outside of the protective slot limit (bass between 15 and 24 inches in total length must be immediately released unharmed) to three bass outside the slot with only one fish exceeding 24 inches in total length.  The slot would remain unaltered. ( Orange and Lochloosa Lakes) ( Orange and Lochloosa Lakes Update)

Thursday, December 2

1. Blue Crab - Final Rule   Based on recommendations from the Blue Crab Advisory Board, the proposed final rule amendment would modify the blue crab closed seasons, define an endorsement transfer window, and modify language regarding the process to order trap tags.  An additional proposed final rule would clarify language regarding the trap pulling petition and soft shell endorsements.  The portions of the blue crab rule that would be modified are listed below: ( Blue Crab updates presentation) ( Blue Crab)

   1. 68B-45.004, Regulation and Prohibition of Certain Harvesting Gear - The proposed final rule amendment would change the language regarding the trap pulling petition, which allows a harvester to designate another individual to pull their traps on a short, temporary basis, due to illness or equipment failure.  The rule would be amended to allow a harvester to designate another of their own vessels from which their traps may be pulled.

   2. 68B-45.0045, Closed Seasons - The proposed final rule amendment would modify the frequency of the blue crab 10-day trap harvest closures so they occur every other year by coast versus holding all closures statewide annually.

   3. 68B-45.007, Blue Crab Effort Management Program - The proposed final rule amendment would define a transfer window where blue crab license endorsements may be transferred, from May 1 through the end of February each year.  Additionally, the proposed final rule would reword the language regarding ordering tags stating an endorsement holder could order trap tags at any time of the year and clarify that only up to two soft shell blue crab endorsements can be held at one time.

2. Transfer Windows for Saltwater Commercial Endorsements - Draft Rule The proposed draft rule amendment would modify the transfer windows in the stone crab, spiny lobster, marine life, and ballyhoo rules so that all of the commercial fisheries endorsement programs have the same time in which to transfer their endorsements.  This proposed draft rule would also increase the time a commercial fisher has to transfer their endorsement each year and would simplify the transfer process by aligning the rules governing the transfer process for these fisheries.  The rule sections that would be modified are listed below: ( Transfer windows presentation)

   1. 68B-13.010, Stone Crab Trap Limitation Program - The proposed draft rule amendment would modify the transfer window in which stone crab trap certificates may be transferred, from June 15 through March 1, to May 1 through the end of February each year.

   2. 68E-18.002, Definitions - The proposed draft rule amendment would remove the definition for "transfer period" from the spiny lobster rule.

   3. 68E-18.005, Transfer of Certificates - The proposed draft rule amendment would modify the transfer window in which spiny lobster trap certificates may be transferred, from June 15 through March 1, to May 1 through the end of February each year.

   4. 68B-42.0065, Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability - The proposed draft rule amendment would modify the transfer window in which a marine life endorsement may be transferred, from September 1 through November 30, to May 1 through the end of February each year.

   5. 68B-56.002 , Commercial Licensing Requirements; Appeals - The proposed draft rule amendment would modify the transfer window in the ballyhoo rule in which a lampara net endorsement may be transferred, from July 1 through March 31, to May 1 through the end of February each year.

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