Commission Meeting

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April, 2010 Commission Meeting

Time:	8:30am each day
Dates:	April 28 - 29, 2010
Place:	Florida Public Safety Institute Pat Thomas Law Enforcement Academy 215 Academy Drive Havana, FL 32333 Phone: 850-201-7964

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 Tallahassee Visitors Guide at 850-606-2305 or visit their website at VisitTallahassee.com

Agenda

8:30 am, Wednesday, April 28

1. Meeting Opening

   1. Call to Order

   2. Invocation and Pledge of Allegiance to the Flag

   3. Recognitions

      1. Recognize Captain Alan Richard for 32 years of service and retirement from FWC's Division of Law Enforcement

      2. Introduce a local artist

   4. Introduction of FWC employees ( Employee Introductions)

2. Adoption of Agenda

   1. Review and Approval of February 17-18, 2010, Commission Meeting Minutes ( Unofficial February Meeting Minutes)

   2. Approval of Consent Agenda (Attached)

   3. Approval of Agenda

3. Executive Director's Report

4. Items Requiring Action

   1. Final Rules

      1. Reptiles of Concern (ROC) ( Reptiles of Concern Rules Presentation) ( Draft Rule) ( Draft Rule) ( Draft Rule) ( Draft Rule)

         NOTICE:  Staff will be requesting withdrawal of the advertised rule amendment in item (1)(a).  Substantial changes are reflected in (1)(e) and as a result, no final action will be recommended at this time.

         1. 68-5.004, Amnesty for Persons Relinquishing Non-Native Pets
            
            Staff is requesting the Commission withdraw this proposal and replace it with (1)(e). The proposed rule amendment would codify provisions of Executive Order 09-21, which allows current ROC license holders to accept surrendered ROC, as long as the surrendered animals are species for which the receiving license holders have authorization.  Following the provisions in this rule, the person accepting the animal is not subject to the portion of 68A-6.0023 (7), Florida Administrative Code, (F.A.C.), prohibiting the buying, selling or transferring of wildlife from an unpermitted entity.  Similarly, those surrendering ROC are not subject to the provisions of 68A-6.007, F.A.C., Possession, Transportation, Exhibition and Caging Venomous Reptiles and Reptiles of Concern, which requires a permit to possess any of the six designated species.  Anyone who accepts a ROC from an unpermitted entity is required to report acquisition of the animal, (not the identity of the previous owner) within 72 hours.

         2. 68A-6.0072, Identification of Non-Native Venomous Reptiles and Reptiles of Concern; Escape
            
            Staff is requesting the Commission continue the final public hearing on this item to the June Commission meeting. The proposed rule amendment addresses the permanent identification of ROC.  The amendment requires all ROC possessed for commercial or personal use to be permanently identified by means of microchip or tattoo upon reaching 1-inch in diameter.

            The following proposals are new and are considered draft rules for this meeting:

         3. 68-5.001, Introduction of Non-native Species into the State
            
            Staff is requesting the Commission withdraw the proposed rule amendment that was approved at the February, 2010 meeting and  authorize staff to restart rule making with additional changes as described in this item. The proposed rule amendment would establish secure conditions under which conditional non-native snakes and lizards are to be housed and maintained.  Such conditions would include required initial inspections; providing a critical incident plan; staff training in security, wildlife handling and disaster readiness protocols; enhanced record keeping; reporting of escaped animals and required PIT tagging. The proposed rule amendment will also allow private individuals who meet the criteria for possessing conditional species set forth in rule 68-5.001 F.A.C. to obtain a permit to acquire and possess red-eared sliders, which became a conditional species in 2007.   Finally, the proposed rule amendment will make technical changes, clarifications, and simplifications to the permitting process for authorizing possession of conditional species and requirements for exhibition of and research using prohibited species.

         4. 68-5.002, Conditional Non-native Species
            
            The proposed rule amendment re-classifies nine ROC species as conditional non-native snakes and lizards.  The species to be listed include the Amethystine python, Scrub python, Black python, Reticulated python, Burmese python, African pythons (northern and southern), Nile monitor and green anaconda. Conditional species can be held by commercial entities under secure conditions. They may be transferred among permitted businesses, or exported out of Florida.   Conditional species status eliminates these animals as future pets, further reducing the risk of escape and establishment of another population.  Individuals in possession of these species prior to July, 2010, would be allowed to keep them for the life of the reptile.

         5. 68-5.004, Amnesty for Persons Relinquishing Non-native Pets
            
            The proposed rule amendment would codify provisions of Executive Order (EO) 09-21, which allows current ROC license holders to accept surrendered ROC, as long as the surrendered animals are species for which the receiving license holders have authorization.  Following the provisions in this rule, the person accepting the animal is not subject to the portion of 68A-6.0023 (7), Florida Administrative Code, (F.A.C.), prohibiting the buying, selling or transferring of wildlife from an unpermitted entity.  Similarly, those surrendering ROC are not subject to the provisions of 68A-6.007, F.A.C., Possession, Transportation, Exhibition and Caging Venomous Reptiles and Reptiles of Concern, which requires a permit to possess any of the six designated species.  Anyone who accepts a ROC from an unpermitted entity is required to report acquisition of the animal, (not the identity of the previous owner) within 72 hours.  In addition, the proposed rule amendment would clarify the principle of amnesty for those who want to surrender any conditional snake or lizard for which they do not have the correct authorization to possess.  Appropriately authorized conditional species permit holders could legally accept ROC or conditional snakes or lizards from anyone and appropriately authorized ROC licensees could legally accept additional ROC (in accordance with their license) from anyone. ( Draft Rule)

         6. 68A-6.007, Possession, Transportation, Exhibition and Caging Venomous Reptiles and Reptiles of Concern - The proposed rule amendment re-classifies nine ROC species as conditional non-native snakes and lizards. ( Draft Rule)

         7. 68A-15.064, Specific Regulations for Wildlife Management Areas - South Region - The proposed rule amendment 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 amendment 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. ( Draft Rule)

             

      2. Captive Wildlife ( Captive Wildlife presentation) ( Captive Wildlife Rules)

         1. 68A-6.003, Facility and Structural Caging Requirement for Class I, II and III Wildlife
            
            The proposed rule amendment requires the construction of new facilities housing Class I and/or Class II wildlife to meet local building codes.  It also requires new licensees housing Class I or Class II wildlife for commercial purposes to meet local zoning codes appropriate for conducting the commercial activity.
            
            Currently, FWC provides notification to the county upon each instance of a new license requesting authorization for the possession of Class I or Class II wildlife.  The proposed change provides counties 30 days within which to notify FWC that the proposed facility does not meet local building codes and where applicable, local zoning codes.  Should the county fail to notify FWC within the given time frame, the application is deemed in compliance with county codes.  After continuing to work with representatives from local government and others, staff is also seeking approval of changes to the rule amendment as advertised.  A Notice of Change will be published, following approval, to notify all interested parties of the changes presented to the Commission.

         2. 68A-6.0022, Possession of Class I, II, or III Wildlife in Captivity: Permit Requirements
            
            The proposed rule amendment would require licensees that possess Class I or II wildlife to provide a copy of "Part B" of their Critical Incident and Disaster Plan to their local County Emergency Manager. The proposed change addresses concerns expressed by counties.

         3. 68A-6.005, Transportation Requirements for Wildlife; Caging Requirements for Performing and Non-Performing Animals
            
            The proposed rule amendment would require labeling of shipments of live wildlife that are shipped in inter- or intrastate commerce. The label should include the complete name and address of the sender and receiver, as well as the numbers and species of animals contained in the shipment.

         4. 68A-6.0024, Commercialization of Wildlife; Bonding or Financial Responsibility Guarantee
            
            The proposed rule amendment would create an exemption from the requirement to demonstrate sustained and consistent commercial activity for "hobbyists" that possess wildlife primarily for their personal enjoyment, but still occasionally exhibit or sell their wildlife.

      3. Sarasota County Manatee Protection Rule ( Sarasota Manatee Zone Rule presentation)

         1. 68C-22.026-The proposed rule amendments would revise the existing state zones that limit allowable motorboat speeds in portions of the county and also revise other provisions of the rule, including those pertaining to the availability of permits for commercial fishing and professional fishing guide activities.

   2. Draft Rules

      1. Boating Restricted Areas ( Draft Rule 68D-21) ( Boating Restricted Areas & Waterway Markers Presentation)
         
         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.

      2. Uniform Waterway Markers ( Draft Rule 68D-23)
         
         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.

      3. 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. ( Draft Rule - Airport and wildlife safety) ( Draft Rule Summary - Airport and wildlife safety) ( Draft Rule - Airport and wildlife safety presentation)

         1. 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.

         2. 68A-9.010, Taking Nuisance Wildlife-This rule amendment removes references to airport safety because that subject will be addressed in new rule 68A-9.012.

         3. 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.

         4. 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.

         5. 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 68A-9.012.

      4. Permits for Recreational Visitors-Staff will propose rule amendments to implement a recent statutory change allowing the Commission to issue permits for visitors to engage in recreational activities other than hunting on wildlife management areas.  The amendments will be to sections of Rules 68A-1.004, Definitions; 68A-9.004, Permits for Hunting or Other Recreational Use on Wildlife Management Areas; Rule 68A.9007, Special-use Permits; Short-term Use Permits; Fees; Special-Opportunity Hunting and Fishing; Rule 68A-13.007 Hunting Regulations on Public Small-Game Hunting Areas; Rule 68A-15.004, General Regulations Relating to Wildlife Management Areas; and Rule 68A-17.004, General Regulations Relating to Wildlife Management Areas. ( Draft Rule 68A-01 004) ( Draft Rule 68A-09 004) ( Draft Rule 68A-09 007) ( Draft Rule 68A-13 007) ( Draft Rule 68A-15 004) ( Draft Rule 68A-17 004)

5. Staff Reports

   1. Northern Bobwhite Management Update ( Bobwhite Management Presentation)

   2. Florida Youth Conservation Center Networks Update ( The Florida Youth Conservation Centers Network Presentation)

   3. Update on Implementation of the Gopher Tortoise Management Plan ( Gopher Tortoise Update) ( Gopher Tortoise Update presentation)

6. Public Comment on Items Not on the Agenda

7. Commissioner Exchange

8. Recess Wednesday's Portion of the Meeting

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8:30 am, Thursday, April 29, Reconvene

1. Meeting Opening

   1. Call to Order

2. Items Requiring Action

   1. Gulf of Mexico Recreational Red Snapper Season-The proposed rule amendment would reduce the length of the recreational season for red snapper harvest in the Gulf of Mexico to achieve consistency with federal regulations.  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 Statues, which allows adoption of a rule identical to the federal regulation without further rulemaking or public hearings.  The reef fish rule provisions to be considered for rulemaking include:
      
      68B-14.0038, Recreational Snapper Seasons-The proposed rule amendment would achieve consistency between the Commission's Reef Fish Rule on the recreational red snapper fishing season in Gulf of Mexico state waters with federal rules on the recreational red snapper fishing season in federally managed waters of the Gulf of Mexico.  ( Red Snapper Consistency presentation)

   2. 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 presentation)

         1. Red snapper recreational season; gag and red grouper management measures; the red drum fishery; and, options for management of the mackerel fishery. Staff will report on other GMFMC actions from its scheduled April 12-15, 2010, meeting in Galveston, TX.

      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)

         1. 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 being considered for the coming year.

   3. Final Rules

      1. Oysters-The harvest of oysters is jointly managed by the Florida Division of Aquaculture and Consumer Services (DACS) and the Commission.  DACS is currently developing a rule in response to a federal mandate for public health purposes that would require harvesters to deliver their oysters to a certified dealer by 11:30 a.m., May through July and by 12:00 p.m., August through October, thus shortening the time they are allowed to be on the water in those months.  The proposed rule amendment would modify the Commission's oyster rules to allow harvesters to leave the dock, transit the bay, arrive at the oyster bar, and prepare for work prior to sunrise: ( Oysters presentation)

         1. 68B-27.018, Statewide Harvesting Restrictions-The proposed rule amendment would allow hand tongs to be stowed in vessels from sundown to sunrise.

      2. Ballyhoo Commercial Fishing Endorsement Program-The proposed rule amendment would modify the Commission's ballyhoo rule as follows: ( Ballyhoo presentations)

         1. 68B-56.002, Commercial Licensing Requirements; Appeals-The proposed rule amendment would limit the number of Lampara Net Endorsements to the current number and would allow all endorsement holders to sell their endorsement to other commercial fishers during a transfer window from July 1 through March 31, annually.  The proposed rule amendment would also limit any one entity to holding no more than two endorsements at any one time, would not allow leasing of the endorsement, would allow only one endorsement on a saltwater products license, and allow only one saltwater products license to be associated with a single endorsement.

      3. Bonefish-The proposed rule amendment would modify the Commission's rule for the bonefish fishery as follows: ( Bonefish presentation)

         1. 68B-34.002, Definitions-The proposed rule amendment would modify the definition of bonefish to include all species of bonefish found in Florida, including bigeye bonefish, Albula garcia.  The proposed rule also would add a definition of what it means to "land" the fish.

         2. 68B-34.003, Bonefish Size Limit; Bag and Possession Limits; Exception, Gear Restriction-The proposed rule amendment would extend state regulations for bonefish into federal waters.  The extension of state regulations would include extending the one-fish bag limit, the 18-inch minimum size limit, the hook-and-line gear provision, and the prohibition of harvest for commercial purposes.  The proposed rule also would add a requirement that bonefish must be landed in whole condition.

3. Staff Reports
   
   Legislative Issues and Budget Reports

4. Public Comment on Items Not on the Agenda

5. Commissioner Exchange

6. Commission Administrative Matters

   1. Discuss and approve proposed 2011 Commission meeting dates and locations ( 2011 Proposed Dates and Locations)

   2. The next regular Commission meeting is scheduled June 23-24, 2010, Lake Mary, commencing at 8:30 a.m. each day

7. Adjournment

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Consent Agenda

1. Repeal of Rules 68D- 18.004, Special Purpose Marker Buoys, and 68D-18.005, Restricted Areas ( Repeal of 68D-18.004 and .005)

   1. Staff proposes that the Commission repeal the Special Purpose Marker Buoy Rule (68D-18.004) and Restricted Areas Rule (68D-18.005) since they have been rendered obsolete due to statutory changes.

2. Final Action-Boating and Waterways Grant Program Technical Corrections ( Final Rule 68-1.003)

   1. 68-1.003(7), Derelict Vessel Removal Grant Program and 68-1.003(9), Florida Boating Improvement Program - Changes to the recent proposed rule amendments are required because of comments received from the Joint Administrative Procedures Committee (JAPC) after the rule was noticed.  The amendments with the proposed changes to the Derelict Vessel Removal Grant Program specify how a derelict vessel should be designated and marked and require applicants to submit the completed reports to the Division to be eligible for a grant.  The Florida Boating Improvement Program Guidelines are being amended to clarify the definition of non-cash match and allow for notification of incomplete applications by additional means rather than by email.  Following approval of this item, staff will publish the appropriate notices for the public.

3. Draft Rule-Lionfish-At the request of the John Pennekamp Coral Reef State Park staff, the proposed draft 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 Draft Rule presentation)

   1. 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 prohibition on species within 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.

4. Proposed Rule Amendment - 68A-15.005, Quota Permits, Antlerless Deer Permits; Special-Opportunity Permits( Quota Permits, Antlerless Deer Permits; Special-Opportunity Permits Draft Rule)

   1. Staff is requesting authorization to remove "first come first serve" as the way in which dove club and daily dove special opportunity permits will be awarded.

NOTE:  Staff is requesting Commission approval to advertise the proposed amendment (Item 4) 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.