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Commission Meeting Agenda

Time:

8:30 a.m.

Dates:

April 15-16, 2009 
Go to:  Weds., April 15  |  Thurs., April 16

Place:

Tallahassee-Leon County Civic Center
Ground Floor, Meeting Rooms A1/A2
505 West Pensacola Street
Tallahassee, FL  32301
Phone: 850-487-1691
Fax: 850-222-6947
www.tlccc.org


This meeting is open to the public.

All interested individuals may speak at workshops or meetings of the Florida Fish and Wildlife Conservation Commission (FWC) 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.

If any person decides to challenge any decision with respect to any matter considered at the above meeting, he will need a record of the proceedings.  For this purpose, he 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 Tallahassee Visitors Guide at 850-606-2305 or website at http://www.visittallahassee.com.

8:30 a.m., Wednesday, April 15

  1. Meeting Opening
    1. Call to Order
    2. Invocation and Pledge of Allegiance to the Flag
    3. Recognitions
      1. Recognize Kipp Frohlich and Scott Sanders, FWC's Co-Chairs of the 2008 Florida State Employee's Charitable Campaign for their commitment and service to the success of the event.
      2. Recognize Richard Roland the recipient of FWC's 2008 Volunteer Hunter Safety Instructor of the Year Award.
      3. Recognize Susan Cerulean, a local nature writer.
    4. Introduction of local FWC staff (Employee Introductions)
  2. Adoption of Agenda
    1. Review and Approval of February 4-5, 2009, Commission Meeting Minutes (Unofficial Minutes)
    2. Approval of Consent Agenda (Attached)
    3. Approval of Agenda
  3. Executive Director's Report
  4. Staff Reports
    1. Update on Future of Hunting Initiatives. (Background Report)
    2. Update on the development of the FWC "Wildlife Friendly" Designation Program.
    3. Legislative Issues and Budget Report. (Session Report Week 6) (Budget Report Week 6)
  5. Items Requiring Action
    1. Final Rules
      1. Public Hunting on South Florida Water Management District Lands within the Kissimmee Chain of Lakes (Kissimmee Chain of Lakes Presentation) (Kissimmee COLA Resolution)
        1. 68A-15.006, Regulations Relating to Miscellaneous Areas (Background Report) - The proposed rule would establish season dates and area specific regulations for the Kissimmee Chain of Lakes Area as follows:
          • Kissimmee Chain of Lakes Area (New) - establish a new public hunting area in the Northeast Region with the following open seasons (no quota permits required): 30-day archery season, five-day crossbow season, nine-day muzzleloading gun season, 72-day general gun season, 114-day small game season, 58-day fall turkey season, statewide migratory bird season (except crow may be taken during the first phase of crow season only), 37-day spring turkey season; allow wild hog hunting with firearms; fishing and frogging year-round; prohibit trapping; legal to take - all legal game, gobbler or bearded turkey, wild hog, non-protected mammals, furbearers, fish and frogs; prohibit the take of antlerless deer during all seasons; prohibit the take of wild hog with a gun from one-half hour after sunset until one-half hour before sunrise; prohibit hunting deer with dogs; prohibit the take of bobcat and otter; prohibit baiting; prohibit the take of deer on the West Shore, East Shore and Drasdo Units; prohibit the use of centerfire rifles on the West, East and Northwest Shore Units; allow treestands only from ten-days prior to archery season through ten-days after the close of general gun season.
      2. Public Hunting on the Babcock Ranch Preserve (Babcock Ranch Presentation)
        1. 68A-15.006, Regulations Relating to Miscellaneous Areas - The proposed rule would establish season dates and area specific regulations for the Babcock Ranch Preserve as follows:
          • Babcock Ranch Preserve (New) - establish a new public hunting area in the Southwest Region with the following open seasons: two four-day archery hunts (quota 40, no exemptions), one three-day muzzleloading gun hunt (quota 40, no exemptions), one three-day general gun for mobility-impaired hunt (quota 25), two  two-day family hunts (quota 30, no exemptions), three three-day general gun hunts (quota 40, no exemptions), four two-day (weekends) small game hunts, two three-day spring turkey hunts (quota 15, no exemptions); prohibit fishing and frogging; prohibit trapping; legal to take - all legal game and wild hog, except quail; allow one antlered and one antlerless deer to be taken per quota permit during the archery season, family hunt and general gun for mobility-impaired hunt; allow one antlered deer per person to be taken during the muzzleloading gun and general gun seasons; public access will be restricted to permitted hunters and youth and allowed only on hunt days and one day prior to each hunt for scouting; prohibit the use of tracked vehicles, airboats, all-terrain vehicles (except during the mobility-impaired hunt), unlicensed and unregistered motorcycles, and swamp buggies; allow vehicles to only be operated on named or numbered roads and require vehicles to be parked within 25 feet of an open road or in parking areas; allow the use of all-terrain vehicles and off-road travel during the general gun mobility-impaired hunt; require all hunters to enter at a designated entrance, check in and out at the check station and check all game taken.

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    2. Draft Rules
      1. Freshwater Turtle Rule (Freshwater Turtles Presentation) (Freshwater Turtle Draft Rule) (Freshwater Turtle Staff Report)
        • 68A-25.002, General Provisions for Taking, Possession and Sale of Reptiles - The proposed draft rule would address the taking and possession of wild native Florida freshwater turtles.
      2. Game Farm Rule (Game Farm Rule Presentation) (Game Farm Draft Rule)
        • 68A-12.011, Regulations Governing the Establishment and Operation of Game Farms  and 68A-1.004, Definitions - The proposed draft rule would replace the substantive portions of existing statute, Section 379.302, Florida Statutes which is expected to be repealed by the Legislature after this replacement rule is adopted.  The proposed rule also clarifies the requirements for lawful operation of game farms in Florida.
    3. Land Acquisitions and Management (Wastewater Line across Babcock/Webb Presentation) (Background Report - final format)
      • Review and consideration for approval of granting an easement to the City of Punta Gorda for the installation of a new 1,500 ft. wastewater line across Fred C. Babcock/Cecil M. Webb Wildlife Management Area.
    4. Issues
      1. Review and consideration for approval of the revised Gopher Tortoise Permitting Guidelines. (Gopher Tortoise Guidelines Presentation)  (Background Report - final format)  (Background Report - showing track changes)
      2. Review and consideration of the draft Peregrine Falcon Management Plan. (Draft Management Plan) (Peregrine Falcon Management Plan Presentation)
        68A-27.003, Designation of Endangered Species; Prohibitions; Permits - Review and consideration of the draft rule to delete the Peregrine Falcon from the Commission list of endangered species.
  6. Public Comment on Items Not on the Agenda
  7. Commissioner Exchange
  8. Recess Wednesday's Portion of Meeting

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8:30 a.m., Thursday, April 16, Reconvene

  1. Meeting Opening
    1. Call to Order
    2. Recognitions
      1. Recognize a private landowner for outstanding support of FWC programs and initiatives.
  2. Items Requiring Action 
    1. Final Rules
      1. Blue Crab Administrative Penalties (Blue Crab Administrative Penalties) (Background Report)
        1. 68B-45.008, Assessment of Administrative Penalties for Violations Relating to Blue Crab Management - The proposed rule would establish administrative penalties for violations of the Blue Crab Effort Management Program in a newly created section of the blue crab rule, 68B-45, F.A.C.  These administrative penalties are authorized by statute (Section 379.366, F.S.) and will apply to violations such as untagged traps, trap molestation, illegal barter of tags and trap theft.  The proposed rule would standardize penalty assessments by creating a tiered system that allows the penalties to be assessed relative to the severity of the violation and the number of previous violations up to the maximum amount allowed by statute.  This proposed rule would be consistent with existing rules establishing administrative penalties for the stone crab and spiny lobster fisheries in rules 68B-13 and 68E-18, F.A.C, respectively.
    2. Draft Rules
      1. Gulf Red and Gag Grouper - The proposed draft rule would make state bag limits and closed seasons for Red and Gag grouper in the Gulf of Mexico consistent with federal regulations. (Gulf Red and Gag Grouper Presentation) (Gulf Red and Gag Grouper Presentation Update) (Gulf Red and Gag Grouper Presentation Update 2)
        1. 68B-14.0035, Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper - The proposed draft rule would reduce the commercial size limit for red grouper in the Gulf from 20 inches total length to 18 inches total length.
        2. 68B-14.00355, Size Limits for Importation and Sale - The proposed draft rule would reduce the size limit for the importation and sale of red grouper from 20 inches to 18 inches total length.
        3. 68B-14.0036, Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Tilefish, Exception, Wholesale/Retail Purchase Exemption - The proposed draft rule would reduce the aggregate bag limit for all Gulf grouper from 5 grouper per person per day to 4 grouper per person per day.
        4. 68B-14.0039, Recreational Grouper Season - The proposed draft rule would be amended to include all shallow water groupers (including red, black, yellowfin, yellowmouth, rock hind, red hind, and scamp) in the February 1 through March 31 gag grouper closure.
        5. 68B-14.0045, Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits - The proposed rule would remove the commercial closure for gag, red, and black grouper.
    3. Issues (Review of Fishery for Permit Presentation) (Review of Fishery for Permit Presentation Update)
      1. Review and discussion of the recreational and commercial fishery for Permit, including a review of biological information, current harvest characteristics, and the application of state regulations in federal waters.
    4. Federal Issues
      1. South Atlantic Fishery Management Council (Federal Issues SAFMC) (SAFMC Presentation Update)

        Review and discussion of scheduled actions of the Council regarding proposed "annual catch limits" and "accountability measures" for the 10 species of snapper or grouper identified by the Council as undergoing overfishing.  The proposed action will include major reductions in the allowable harvest of red snapper.  Staff will also report on Council actions to consider an interim rule request to address overfishing of red snapper that may include a closure of both the commercial and recreational fisheries.  Staff will provide an update on status of permanent federal regulations for shallow-water groupers and vermilion snapper.  Staff will report on Council issues considered during its March 2-6, 2009, meeting.
      2. Gulf of Mexico Fishery Management Council (Federal Issues GMFMC)

        Review and discussion of scheduled actions of the Council regarding sector allocation issues; bycatch of sea turtles in the reef fish fishery; allocation of greater amberjack, triggerfish, red and gag grouper; and for-hire sector management issues.  The Council will meet in New Orleans, Louisiana the week of April 13-17, 2009.
  3. Public Comment on Items Not on the Agenda
  4. Commissioner Exchange
  5. Commission Administrative Matters
    1. Review and approval of the proposed 2010 Commission Meeting Dates and Locations. (Background Report)
    2. The next regular Commission meeting is scheduled June 17-18, 2009, Crystal River, commencing at 8:30 am each day.
  6. Adjournment

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Consent Agenda - [April 15-16, 2009]

  1. Wildlife Management Area Establishment Orders
    1. EO 09-01, Kissimmee Chain of Lakes Area - The proposed order establishes the Kissimmee Chain of Lakes Area in Polk and Osceola Counties comprising approximately 21,000 acres. (Consent Agenda)
    2. WMA 09-04, Frog Pond WMA - The proposed order disestablishes the Frog Pond WMA in Dade County. (Frog Pond) (Consent Agenda)
    3. WMA 09-05, San Pedro Bay WMA - The proposed order disestablishes the San Pedro Bay WMA in Madison and Taylor Counties. (San Pedro Bay) (Consent Agenda)
    4. WMA 09-07, Robert Brent WMA - The proposed order disestablishes the Robert Brent WMA in Gadsden and Liberty Counties. (Robert Brent) (Consent Agenda)
  2. Wildlife Management Area Rules
    1. 68A-15.062, Specific Regulations for Wildlife Management Areas - North Central Region - Review of draft rules to disestablish and repeal the San Pedro Bay WMA. (Consent Agenda)
    2. 68A-15.063, Specific Regulations for Wildlife Management Areas - Northwest Region - Review of draft rules to disestablish and repeal the Robert Brent WMA. (Consent Agenda)
    3. 68A-9.004, Permits for Hunting or Other Recreational Use on Wildlife Management Areas - Review of draft rules to eliminate the recreational use permits for the San Pedro Bay and Robert Brent WMAs. (Consent Agenda)
    4. 68A-15.064, Specific Regulations for Wildlife Management Areas - South Region  -  Review of draft rules to disestablish and repeal the Frog Pond WMA; approval to eliminate quota permits for the area. (Consent Agenda)
  3. 68A-25.032 and 68A-25.042, F.A.C. - Review and approval of draft rules regarding alligator trapping and farming.  Draft rules would create consistency with the proposed changes to s. 379.3751, F.S., allowing alligator farming and trapping agents to assist any alligator farmer or trapper, respectively. (Draft rule 68A-25.032) (Draft rule 68A-25.042) (Alligator Agents)

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