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FWC Home : Commission Meetings : 2009 Meetings : Agenda - June 17-18

Commission Meeting Agenda

Time:

8:30 a.m.

Dates:

June 17-18, 2009

Place:

Plantation Inn
9301 West Fort Island Trail
Crystal River, FL  34429
Phone: 352-795-4211
http://www.plantationinn.com


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 City of Crystal River at 352-795-4216 or website at http://www.crystalriverfl.org.

8:30 a.m., Wednesday, June 17

  1. Meeting Opening
    1. Call to Order
    2. Invocation and Pledge of Allegiance to the Flag
    3. Recognitions
      1. Recognition and presentation of FWC's Outstanding Prosecutor Award to Robert "Bo" Bayer, Assistant State Attorney in the Eighth Judicial Circuit in Union County.
      2. Recognition of the following:  Rob Goley, FWC Law Enforcement Officer, with a Lifesaving Award; Jason Archambault and Edwin McMullen, Volunteer Firemen from Lee, Florida with Madison County's Volunteer Fire Department with Service Commendations; and Corporal Alan Whigham of the Madison County Sheriff's Office, with a Service Commendation, for their life saving efforts provided during the Withlacoochee River flooding in April 2009
    4. Introduction of local FWC staff
  2. Adoption of Agenda
    1. Review and Approval of April 15-16, 2009, Commission Meeting Minutes (April Minutes 5/28/09)
    2. Approval of Consent Agenda (Attached)
    3. Approval of Agenda
  3. Executive Director's Report (Report 5/27/09) (Update 6/16/09)
  4. Issues
    1. Update on Imperiled Species Listing Process - This update will review progress towards development of a new imperiled species listing process.  It will include the results of meetings with stakeholders and will include staff recommendations regarding the next steps in developing the listing process. (Presentation 5/28/09)
    2. Update on selected management tasks from the Manatee Management Plan - This will be an update from FWC's Imperiled Species Management Section on significant management tasks that have either been completed since the Plan was approved in December 2007 or are in progress.  Included in this will be status of the review of the existing Sarasota County manatee protection speed zone rules and plans for consideration of changes to the permits commercial fishers and professional fishing guides can receive to operate at higher speeds in specified zones. (Presentation 5/27/09)
    3. Update on the Division of Law Enforcement's Work Plan; manatee harassment from human interaction - Division of Law Enforcement staff worked with the FWC Imperiled Species Management Section and the U.S. Fish and Wildlife Service in evaluating manatee harassment issues.  This will be a report on the progress to date and the information gathered at a "Listening Session" with stakeholders held in Crystal River on June 4, 2009. (Work Plan 5/27/09)
  5. Items Requiring Action
    1. Final Rules
      1. Freshwater Turtle Rule (Presentation 5/27/09)
        1. 68A-25.002, General Provisions for Taking, Possession and Sale of Reptiles - The proposed final rule would address the taking and possession of wild native Florida freshwater turtles as follows:  Selling native Florida turtles or their eggs taken from the wild would be prohibited. Take of turtle eggs from the wild would be prohibited. Take, possession or transportation of turtles listed as Species of Special concern [alligator snapping turtles (Macrochelys temminckii), Barbour's map turtles (Graptemys barbouri) and Suwannee cooters (Pseudemys suwanniensis)] would be prohibited.  Furthermore, the take of cooters (Pseudemys sp.), Escambia Map Turtle (Graptemys ernsti) and snapping turtles (Chelydra serpentina) would be prohibited.  Softshell turtle (Apalone sp.) collection would not be allowed from May 1 to July 31.  Each person may take only one turtle daily of the species for which take is allowed.  Turtles may only be taken by hand, dip net, minnow seine or baited hook.  The possession limit of two would remain for Escambia map turtles (Graptemys ernsti), diamondback terrapins (Malaclemys terrapin), box turtles (Terrapene carolina), and loggerhead musk turtles (Sternotherus minor).  The proposed language also would establish a maximum transportation limit of one turtle, unless the transporter has a license for sale or exhibition of wildlife, aquaculture certification from the Department of Agriculture and Consumer Services, or documentation that their turtles were legally obtained (proof of purchase). Certified turtle aquaculture facilities would be allowed to collect wild turtles as brood stock under a permitting system that would be reviewed in the calendar year 2011. (Proposed Rule Notice 5/27/09)
        2. The following rules are being proposed to correct references to and inconsistencies with the above proposed rule change.  If the following proposed rules are approved both for advertisement and subsequent filing for adoption, Commission staff would file the rules as allowed by 120.54(3) Florida Statutes, without further hearing
          1. 68A-23.003, Commercial Fishing Devices; Provision for Use in Certain Waters.  The proposed draft rule would remove references to turtles to avoid conflicts with the changes to 68A-25.002. (Proposed Rule Notice 5/27/09)
          2. 68A-23.012, Special Regulations on Lake Okeechobee.  The proposed draft rule would remove the following language to avoid conflicts with changes to 68A-25.002:  "No peninsular cooter (Chrysemys floridana peninsularis), Florida red-bellied turtle (Chrysemys nelsoni), Florida snapping turtle (Chelydra osceola), or Florida soft-shelled turtle (Trionyx ferox) with a carapace length less than eight inches may be taken or sold." (Proposed Rule Notice 5/27/09)
      2. Captive Wildlife Rules (Presentation 5/27/09) (Proposed Rule Notice 5/27/09) (Proposed Rule Notice 5/27/09) (Presentation 6/12/09 Update) (Presentation 6/16/09 Update) (Amendment 6/16/09) (Amendment Memorandum 6/16/09)
        1. 68A-6.0011, Possession of Wildlife in Captivity; Permit Requirements - The proposed rule would require USDA registered research facilities currently exempt from caging requirements to maintain a detailed research proposal and meet the strength requirements for cages or enclosures.  The proposed rule would clarify that enclosure requirements would not apply to Bison kept for the production of meat, skins or hides, or progeny.
        2. 68A-6.002, Categories of Captive Wildlife - The proposed rule would address current Class I and II wildlife listings to reclassify certain wildlife species from Class II to Class I including the cougar, cheetah, hyena, aardwolf, gaur, American alligator, patas monkey, giraffe, okapi, tapir and certain wild species of the family Bovidae. The proposed rule would require wild/domestic hybrids that are substantially indistinguishable from the wild animal to be regulated as wildlife at the class of the wild parentage; and prohibit personal pet possession of wild fox, skunks, bats, raccoons or white-tailed deer.
        3. 68A-6.0021, Possession or Transfer of Class I Wildlife as Personal Use Wildlife; Transfer of Wildlife and Record Keeping Requirements - The proposed rule would provide a "grandfather" clause for any Class II wildlife possessed for personal use that is reclassified as Class I, and require all Class I wildlife possessed for personal use to be permanently identified. The record keeping requirements and time frame for which these records must be maintained are moved from this proposed rule into 68A-6.0023, thereby consolidating captive wildlife related record keeping requirements in one rule.  The title of the proposed rule is amended to reflect this change.
        4. 68A-6.0022, Possession of Class I, II, or III Wildlife in Captivity: Permit Requirements - The proposed rule would require a permit to possess brushtailed possums; clarify experience requirements for Class I and II wildlife possession; clarify documentation of experience requirements for corporations; require a USDA license when Class I wildlife is possessed for exhibition or sale; and clarify who needs to submit the Critical Incident/Disaster Plan and when such plan applies.
        5. 68A-6.0023, General Regulations Governing Possession of Captive Wildlife; Record Keeping Requirements - The proposed rule would require outdoor enclosures of non-native venomous reptiles and reptiles of concern to be covered; require the use of barriers when exhibiting Class I and II wildlife to the public; and require written approval prior to the use of certain Class I wildlife for incidental contact with the public.  The proposed rule incorporates record keeping requirements from Rule 68A-6.0021, thereby consolidating record keeping requirements for captive wildlife; would require records on all changes in wildlife inventory; and increases the length of time to 3 years that records of sale/transfer must be maintained.  The title of this rule would be changed to include "public contact", "transfer of wildlife and record keeping requirements."
        6. 68A-6.0024, Commercialization of Wildlife; Public Contact; Bonding or Financial Responsibility Guarantee - The proposed rule would establish criteria for "consistent and sustained commercial activity" and delete "Public Contact" in the rule title.
        7. 68A-6.0025, Sanctuaries; Retired Performing Wildlife and Identification - The proposed rule would establish requirements to operate a wildlife sanctuary; and allows persons possessing performing wildlife that can no longer perform due to age or physical condition to continue possession for lifetime care under the exhibition/sale license.  The proposed rule would require permanent identification for captive wildlife possessed in a captive wildlife sanctuary and retired performing wildlife.
        8. 68A-6.003, Facility and Structural Caging Requirement for Class I, II and III Wildlife - The proposed rule would require footers or internal devices to reduce digging or burrowing in certain enclosures; require measures to be taken to address erosion; add the hyena, aardwolf, guar, cougar and cheetah to the list of Class I wildlife that may not be possessed on property zoned solely for residential use.  The proposed rule also includes an exemption from the land area requirement for Class II Saki monkeys.
        9. 68A-6.004, Standard Caging Requirements for Captive Wildlife - The proposed rule would require variances for some open air habitats and require temperature regulation in Red Panda enclosures.
        10. 68A-6.0041, Exceptions to Standard Caging Requirements for Captive Wildlife - The proposed rule would exempt Bison (when possessed for propagation purposes only) from standard caging requirements, except fencing
        11. 68A-6.005, Transportation Requirements for Wildlife; Caging Requirements for Performing and Non-Performing Animals - The proposed rule would clarify the requirements for wildlife transportation.  The proposed rule would require wildlife to be transported in a cage or enclosure; require the cage or enclosure to be labeled "Live Animal" and list the number of specimens and the common and scientific name of the wildlife; and address labeling requirements for wildlife being transported in trailers.
        12. 68A-6.007, Possession, Transportation, Exhibition and Caging of Venomous Reptiles and Reptiles of Concern - The proposed rule would include the "taxonomic successors" of the reptiles of concern and address the experience requirements to possess them.  The proposed rule clarifies the documentation of experience requirements for corporations.
        13. 68A-6.0071, Record Keeping and Reporting Requirements - The proposed rule provides for the modification of the Captive Wildlife Inventory-Reptile form.  The proposed modification is technical in nature and corrects spelling errors on the form.
        14. 68A-9.006, Wildlife Rehabilitation Permit - The proposed rule would correct the permit application title; clarify that a rehabilitation permit is not necessary for rehabilitating non-native species; establish a timeline for rehabilitation of native wildlife and how wildlife is evaluated as un-releasable.  The proposed rule would prohibit the comingling of sick and injured exotic or non-native wildlife in the same cage or enclosure with sick injured or otherwise impaired native wildlife; prohibit the release of fully recovered specimens of American alligators or American crocodiles; and authorize the use of exotic or non-native wildlife or domestic animals for fostering orphaned native wildlife.
      3. Game Farm Rule (Presentation 5/27/09) (Proposed Rule Notice 5/27/09) (Presentation Update 6/10/09) (Floor Amendment 6/11/09)
        1. 68A.12.011, Regulations Governing the Establishment and Operation of Game Farms - The proposed rule clarifies the requirements for lawful operation of game farms in Florida.  It also clarifies the housing, transportation, selling/transferring of game and record keeping requirements, and provides exemptions to the licensing provision.  If approved, legislation would be proposed to repeal related language in statute.
      4. Peregrine Falcon Management Plan and Rule (Proposed Rule Notice 5/27/09) (Presentation 5/27/09) (Management Plan 5/28/09)
        1. Approval of the Peregrine Falcon Management Plan
        2. 68A-27.003, Designation of Endangered Species; Prohibitions; Permits - The proposed final rule would delete the Peregrine Falcon from the Commission's list of endangered species.
    2. Draft Rule (Presentation 5/27/09) (Background Report 5/27/09)
      1. 68A-17.005, Specific Regulations for Wildlife and Environmental Areas - The proposed draft rule change would revise area specific regulations on L. Kirk Edwards Wildlife and Environmental Area in the Northwest Region as follows: allow taking wildlife with dogs during the gray squirrel and migratory game bird seasons only and with bird dogs or retrievers only; allow motorized vehicles on named or numbered roads only; require vehicles to enter and exit at designated entrances; prohibit the use of center-fire rifles; and prohibit the use of swamp buggies, tracked vehicles and all-terrain vehicles.  On that portion of the area west of Chaires Cross Road, allow statewide seasons for migratory game birds and gray squirrel; and prohibit the take of wild hog during the gray squirrel season.  On that portion of the area east of Chaires Cross Road, establish three (3) three-day spring turkey hunts (quota of 3 permits per hunt, no exemptions); legal to take - gobblers or bearded turkeys only; and allow only one turkey per quota permit.
    3. Land Acquisitions and Management (Presentation 5/27/09) (Background Report 5/27/09)
      1. Consideration of the issuance of two 50-year natural gas transmission pipeline easements of 10.57 total acres and 10.91 total acres (permanent and temporary easement areas) respectively under the State's Linear Facilities Policy to be granted to the Florida Gas Transmission Company, LLC within the Joe Budd Wildlife Management Area and on an FWC owned parcel in Okaloosa County.
    4. Staff Reports (Legislative Report 5/28/09) (Legislative Report Session Fees 6/16/09) (Legislative Report Update 6/16/09)
      1. Legislative Issues and Budget Report (Budget Report 5/27/09)
      2. Actions to address retirements and leadership development and selection. (Presentation 5/27/09)
  6. Public Comment on Items Not on the Agenda
  7. Commissioner Exchange
  8. Recess Wednesday's Portion of Meeting

8:30 am, Thursday, June 18, Reconvene

  1. Meeting Opening
    1. Call to Order
    2. Recognitions
      1. The Florida Guides Association will recognize FWC's Gina Russo, Environmental Scientist in the Division of Marine Fisheries Management as the recipient of the Phil Chapman Conservationist of the Year Award.
      2. The Florida Guides Association will present their Law Enforcement Officer of the Year Award to FWC Officers Grant Burton and Louis Hinds.
  2. Items Requiring Action
    1. Final Rules
      1. Gulf Red and Gag Grouper - The proposed rules would lower the commercial size limit of red grouper in the Gulf of Mexico, modify recreational bag limits and the recreational gag grouper closed season in the Gulf of Mexico to be consistent with federal regulations and modify the one-month commercial closed season currently in place for red, black, and gag grouper (Presentation 5/27/09) (Proposed Rule Notice 5/27/09) (Grouper Floor Amendment 6/15/09) (Presentation Update 6/15/09)
        1. 68B-14.0035, Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper - The proposed rule would reduce the commercial size limit for red grouper in the Gulf of Mexico from 20 inches total length to 18 inches total length.
        2. 68B-14.00355, Size Limits for Importation and Sale - The proposed 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 rule would reduce the aggregate bag limit for grouper in the Gulf of Mexico from 5 grouper per person per day to 4 grouper per person per day.
        4. 68B-14.0039, Recreational Grouper Season - The proposed rule would be amended to include additional shallow water grouper species (including red grouper, black grouper, yellowfin grouper, yellowmouth grouper, 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 modify the current commercial closed season for red, black, and gag grouper of February 15 through March 14 to February 1 through March 31.  Additional shallow water grouper species would also be included in this closure (adding yellowfin grouper, yellowmouth grouper, rock hind, red hind, and scamp).
        6. 68B-14.0046, Transit Through State Waters During Closed Season - The proposed rule would allow transit of fish legally harvested from federal waters through state waters of the Gulf of Mexico while commercial harvest is closed in state waters.  The proposed rule requires storage of gear while transiting through state waters.
      2. Recreational Red Snapper Season in the Gulf of Mexico - The proposed rule would reduce the length of the recreational season for red snapper harvest to be consistent with federal regulations.  If the proposed rule is approved, Commission staff would file the rule as allowed by the noticing requirements of 120.54(6) Florida Statutes, which provides a process for adoption of a rule identical to a federal regulation without further hearing. (Presentation 5/27/09)
        1. 68B-14.0038, Recreational Red Snapper Season - The proposed rule would amend the Commission's Reef Fish Rule to conform the recreational red snapper fishing season in Gulf of Mexico state waters with the recreational red snapper fishing season in federally managed waters of the Gulf of Mexico.  The proposed rule would change the recreational red snapper fishing season in Gulf of Mexico state waters from June 1 through September 30 to June 1 through August 14.
    2. Draft Rule
      1. Snook - The purpose of the proposed draft rule amendments is to clarify that the Commission prohibits the sale of snook harvested or taken within or without the state in order to fully protect snook from illegal sales or importation. The draft rule would also clarify that temporary possession of snook is allowed only in order to determine compliance with minimum and maximum size requirements.  The proposed rule amendments will clarify existing enforcement practices and should become effective as soon as possible. If the rules are approved for both advertisement and final adoption, Commission staff will file the rules for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing. (Draft Rule 5/27/09) (Presentation 5/27/09)
        1. 68B-21.0015, Definitions - The proposed draft rule would clarify that the definition of harvest allows temporary possession of snook only to determine compliance with minimum or maximum size requirements
        2. 68B-21.003, Prohibitions of Sale of Snook - The proposed draft rule would clarify that it is unlawful to buy or sell snook taken within or without the state except as provided for in the snook special activity license.
        3. 68B-21.004, Seasons - The proposed draft rule would clarify that no person shall take or possess any snook taken within or without the state during periods when take or possession is prohibited.
        4. 68B-21.005, Size Limits - The proposed draft rule would clarify that snook taken within or without the state must be landed in a whole condition.
      2. Shrimp Bycatch Reduction Devices and Turtle Excluder Devices - The proposed draft rules would update and modify the current rules as follows: (Presentation 5/27/09)
        1. 68B-31.004, Turtle Excluder Devices - The proposed draft rule would update the reference to the Federal Register and would remove outdated language regarding turtle excluder device designs.
        2. 68B-31.0045, Bycatch Reduction Devices - The proposed draft rule would adopt language that would automatically allow, in state waters, bycatch reduction device designs that the National Marine Fisheries Service certifies for use in the shrimp trawl fisheries in federal waters of the Gulf of Mexico and South Atlantic.
    3. Issues
      1. Review and discussion of the 2008 Florida Red Drum Stock Assessment.  (Presentation 5/27/09)
      2. Review and discussion of the Bonefish fishery including a review of the current harvest characteristics, regulations and stakeholder concerns (Presentation 5/27/09)
    4. Federal Issues
      1. South Atlantic Fishery Management Council (SAFMC) (Presentation 5/27/09)
        Review and discussion of pending actions to restrict harvest of certain snapper and grouper species in the South Atlantic.  These actions include closed seasons for certain species and proposed "annual catch limits" and "accountability measures" for the 10 species of snapper or grouper identified by the SAFMC as undergoing overfishing.  The proposed actions will include major permanent reductions in the allowable harvest of red snapper.  Staff will also report on proposed modifications to the spiny lobster management plan, including delegation of certain management authority to the State of Florida.  Staff will report on other SAFMC actions from its scheduled June 8-12 meeting in Stuart, Florida.

      2. Gulf of Mexico Fishery Management Council (GMFMC) (Presentation 5/27/09)

        Review and discussion of sector allocation issues; bycatch of sea turtles in the reef fish fishery; allocation of greater amberjack, triggerfish, red and gag grouper; joint SAFMC and GMFMC king mackerel fishery management plan; and for-hire sector management issues.  Staff will report on other GMFMC actions from its scheduled June 14-17 meeting in Tampa, Florida.
  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 5/27/09)
    2. The next regular Commission meeting is scheduled September 9-11, 2009, Howey-in-the-Hills, commencing at 8:30 am each day
  6. Adjournment

Visit our web site at MyFWC.com agenda materials

Consent Agenda - [June 17-18, 2009]

  1. Review and approval of early season migratory bird hunting regulations for 2009-2010.  This includes hunting season and bag limits for dove, rail, gallinule, woodcock, snipe, Canada geese, and special September duck seasons. (Potential Changes to Early Migratory Bird Seasons 5/27/09)
  2. Wildlife Management Area Rules (Background Report 5/27/09)
    1. 68A-15.062, Specific Regulations for Wildlife Management Areas - North Central Region - Approval of final rules to disestablish and repeal the San Pedro Bay WMA. (Proposed Rule Notice 5/27/09)
    2. 68A-15.063, Specific Regulations for Wildlife Management Areas - Northwest Region - Approval of final rules to disestablish and repeal the Robert Brent WMA. (Proposed Rule Notice 5/27/09)
    3. 68A-9.004, Permits for Hunting or Other Recreational Use on Wildlife Management Areas - Approval of final rules to eliminate the recreational use permits for the San Pedro Bay and Robert Brent WMAs. (Proposed Rule Notice 5/27/09)
    4. 68A-15.064, Specific Regulations for Wildlife Management Areas - South Region - Approval of final rules to disestablish and repeal the Frog Pond WMA; approval to eliminate quota permits for the area. (Proposed Rule Notice 5/27/09)
  3. 68A-25.032, Regulations Governing the Establishment of Alligator Management Programs;  68A-25.042, Regulations Governing Statewide Alligator Trapping, Permitting, Taking and Sale - Approval of final rules regarding alligator trapping and farming.  Rules would create consistency with the proposed changes to Section 379.3751, Florida Statutes, allowing alligator farming and trapping agents to assist any alligator farmer or trapper, respectively. (Proposed Rule Background Report 5/27/09) (Proposed Rule Notice 5/27/09) (Proposed Rule Notice 5/27/09)
  4. Commission Delegation of the Final Approval of Acquisition Agreements that exceed $250,000.00 to the Executive Director, upon notice to the Commission, until the September 2009 Commission Meeting. (Background Report 5/27/09)

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