Commission Meeting

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September, 2010 Commission Meeting

Time:	8:30am each day
Dates:	September 1 - 3, 2010
Place:	Hilton Pensacola Beach Gulf Front 12 Via de Luna Drive Pensacola Beach, FL 32561 850-916-2999 phone 850-934-0891 fax

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.

Agenda

8:30 am, Wednesday, September 1

1. Meeting Opening

   1. Call to Order

   2. Invocation and Pledge of Allegiance to the Flag

   3. Recognition

      1. Local artist

   4. Introduction of Commission employees ( Employee Introductions)

2. Adoption of Agenda

   1. Review and Approval of June 23-24, 2010, Commission Meeting Minutes ( June 23-24 2010 Commission Meeting Minutes)

   2. Approval of Consent Agenda (Attached)

   3. Approval of Agenda

3. Executive Director's Report ( Executive Director's Report)

4. Items Requiring Action

   1. Final Rules

      1. Fox and Coyote Enclosures ( 68A-24 002 NPR Fox Enclosure) ( Fox Coyote Enclosures presentation)

         68A-24.002, Methods of Taking Fur-Bearing Animals; Possession; Open Season - The proposed rule prohibits the taking of fox or coyote by a dog or dogs within an enclosure. The proposed rule will define an "enclosure" as an area of land enclosed in such a manner as to prevent the natural ingress or egress of fox or coyote.

      2. Captive Wildlife ( Captive Wildlife Facility Location Information Form) ( Captive Wildlife 6.003 Local Zoning NOC DRAFT) ( Captive Wildlife FINAL PH presentation)

         68A-6.003, Facility and Structural Caging Requirements for Class I, II and III Wildlife - The proposed rule addresses the manner in which FWC will notify the county or municipality, wherein the proposed facility is to be located, of a pending application for the possession of Class I or II wildlife.  The proposed rule would require the applicant to complete and submit a facility location information form.  The language relating to possession of Class I wildlife on property within an area zoned solely for residential use would be deleted.

      3. Spring Turkey Season Method of Take - The proposed rule changes address the taking of wild turkey during spring turkey seasons on Wildlife Management Areas (WMA), Wildlife and Environmental Areas (WEA), and Miscellaneous Areas (MA). ( Spring Turkey Methods presentation) ( Spring Turkey Methods presentation update) ( Spring Turkey Methods Final Rules)

         1. 68A-15.004, General Regulations Relating to Wildlife Management Areas - The proposed rule change would restrict firearms to shotguns utilizing number 2 or smaller diameter shot for taking wild turkey during spring turkey seasons on wildlife management areas. ( 68A-15 004 Final Rule)

         2. 68A-15.006, Regulations Relating to Miscellaneous Areas -  The proposed rule change would restrict firearms to shotguns utilizing number 2 or smaller diameter shot for taking wild turkey during spring turkey seasons on miscellaneous areas. ( 68A-15 006 Final Rule)

         3. 68A-17.004, General Regulations Relating to Wildlife and Environmental Areas -  The proposed rule change would restrict firearms to shotguns utilizing number 2 or smaller diameter shot for taking wild turkey during spring turkey seasons on wildlife and environmental areas. ( 68A-17 004 Final Rule)

      4. Crossbows -  The proposed rule changes address the use of crossbows during archery seasons on lands not established as a WMA, WEA, or MA. ( Crossbows final rule presentation) ( Crossbows final rule presentation Update)

         1. 68A-1.004, Definitions - The proposed rule change would include crossbows as a legal method of taking game during archery seasons on lands not established as a WMA, WEA, or MA. ( 68A-1 004 Final Rule) ( Final Rule Update - Concurrent Season) ( Final Rule Update - Crossbow During Archery)

         2. 68A-12.002, General Methods of Taking Game and Prohibitions - The proposed rule change would include crossbows as a legal method of taking game during archery seasons on lands not established as a WMA, WEA, or MA. ( 68A-12 002 Final Rule)

         3. 68A-15.006, Regulations Relating to Miscellaneous Areas - The proposed rule change would prohibit the take of wildlife with crossbows during archery season on MAs. ( 68A-15 006 Final Rule)

      5. Revisions to Florida's Listed Species Rules - The proposed  rules would create new rules, amend existing rules and repeal existing rules, which direct agency actions on the process for listing, managing, and permitting activities associated with listed species (endangered, threatened, and species of special concern). ( Endangered and Threatened Rules summary changes table) ( Proposed Final Rule changes for Endangered and Threatened wildlife) ( Endangered and Threatened species rules presentation) ( Endangered and Threatened species rules presentation update) ( Proposed Final Rule changes for Endangered and Threatened wildlife Update) ( Proposed Final Rule changes for Endangered and Threatened wildlife Update 2)

         1. 68A-1.004, Definitions - The definitions for endangered species, threatened species, and species of special concern will be removed and described in a new definition section.

         2. 68A-27.0001, Purpose and Intent (NEW) - This new section has been added to clarify the intent of Florida's listed species rules.  This rule also calls for an annual work planning process to prioritize activities relating to listed species.

         3. 68A-27.001, Definitions (NEW) - A new definitions section will be added specifically for the listed species rules to clarify meaning and intent of terms.

         4. 68A-27.0011, Killing Endangered Species - There is no substantive change to this rule, which prohibits intentional killing of a federally designated endangered species.  The minor edits reflect the terminology used in the other listed species rules.

         5. 68A-27.0012, Procedures for Listing and Removing Species from Florida's Endangered and Threatened Species list - (This rule section title is renamed).  Florida's Endangered and Threatened Species list will be comprised of two designations, federal and state.  The federal designation will automatically apply to species in Florida that are listed under the Federal Endangered Species Act (ESA) as endangered or threatened.  To qualify for state designation, species will be screened using the method of Millsap et al. 1990 and if the species warrants further consideration, it will then be analyzed using FWC's listing criteria, which uses the International Union for Conservation of Nature (IUCN) Red List criteria for "vulnerable species", to determine if the species should be listed.  The status of federally designated species will change according to the processes of the ESA.  State designated listed species will be removed from the list when they meet criteria established in the rule.

         6. 68A-27.0021, Designation of Candidate Species, Prohibitions, Permits - (This rule section title is renamed).  Species will be designated Candidate Species at the time the FWC determines that the species warrants listing and until the management plan is created and approved.  Once the management plan is approved, the species will be listed as State-designated Threatened and will be removed from the Candidate list.  The term "direct take" is modified and amended to "intentionally take" for consistency with other rules.

         7. 68A-27.003, Florida Endangered and Threatened Species; Prohibitions - (This rule section title is renamed).  This rule will contain Florida's list of federally designated endangered and threatened species and state-designated threatened species that would be in effect if procedures proposed under Rule 68A-27.0012 were approved.  Several additional federally designated endangered or threatened species will be added to the list.  Current state designated species that are harvested and protected under a management program will be removed from the list.

         8. 68A-27.004, Designation of Threatened Species; Prohibitions; Permits (Repeal) - This rule will no longer be needed and this list will be consolidated into Rule 68A-27.003.

         9. 68A-27.005, Designation of Species of Special Concern; Prohibitions; Permits - This rule will maintain the current list of species of special concern and will protect these species based on the definition of take in Rule 68A-1.004.  Management plans will be developed for these species.  These species will be re-evaluated to determine if they need to be listed as threatened and if species do not qualify as threatened, they will be removed from this list.

         10. 68A-27.006, Reward Program - This rule retains the reward program but updates it to reflect that it is now administered under the Wildlife Alert program.  It also removes the schedule for payment since this is maintained elsewhere by the FWC.

         11. 68A-27.007, Permits and Authorizations for the take of Florida Endangered and Threatened Species (NEW) - This new rule describes the requirements for permitting and describes how FWC will coordinate with the U.S. Fish and Wildlife Service (USFWS) in issuing permits.  Activities that result in take of federally listed species will not require a state permit if the activity is authorized by the federal government.  Permits to take federally listed species will be issued solely by the USFWS or the National Marine Fisheries Service (NMFS) unless permitting authority has been delegated to FWC by the USFWS or NMFS.  This is intended to streamline the permitting process and remove redundancy and duplication of effort by the two agencies.  Standards for permitting incidental and intentional take are described in this rule.

   2. Staff Report

      1. Deer Season Alignment Conceptual Report ( WMA seasons alignment presentation)

      2. Anchoring and Mooring Update ( Anchoring Regulation Pilot 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, September 2, Reconvene

1. Meeting Opening

   1. Call to Order

   2. Approval of Consent Agenda, Attached

2. Items Requiring Action

   1. Issues

      1. Update and report on snook cold kill - Update and report on the impact of the 2010 cold kill on snook populations.  Staff seeks Commission direction on whether to open snook season or maintain the closure in response to the cold kill. ( Snook cold kill presentation)

      2. 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 containing management alternatives for bag limits, size limits, seasons, and closed areas. ( Gulf gag grouper presentation) ( Gulf gag grouper presentation - update )

      3. Review and discussion of reef fish permit concept - Review and discussion of possible reef fish permit or endorsement program for recreational anglers harvesting reef fish species; discussion of stakeholder interest and concepts being considered, including plans for public review and input. ( Reef fish tag concept 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:
         
         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 August 16-19, 2010, meeting in Pensacola, Florida.
         
         The Commission will also review actions related to the harvest of red snapper taken by the GMFMC during its meeting. The use of the federal consistency rulemaking process and an Executive Order, if needed, to add fishing days to the 2010 fishing season will be considered as this would allow additional recreational harvest of red snapper in state waters of the Gulf of Mexico during the current fishing year. ( Gulf Council Report presentation) ( Gulf Council Report presentation - update)

      2. South Atlantic Fishery Management Council (SAFMC) - Review and discussion of South Atlantic Fishery Management Council actions to address the following:
         
         Development of plans to allow for possible adjustment of red snapper regulations in response to the new stock assessment currently underway and scheduled for completion in late fall 2010; continued development of planned amendments to address required annual catch limits and accountability measures for federally managed species not undergoing overfishing.  Staff will report on any additional agenda items as they are finalized for the September 13-17 Council meeting in Charleston, South Carolina. ( South Atlantic Council Report presentation)

   3. Draft Rules

      1. Permit, Florida pompano, and African pompano - In order to give permit more protection and increase the enforceability of our current rule, extension of current state waters regulations into federal waters, where permit is currently unregulated, is being proposed along with several modifications.  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.  Technical modifications are also proposed to simplify the current rule language.  The proposed draft rules would modify the Commission's rule for permit, Florida pompano, and African pompano rule as follows: ( Permit and Pompano Draft Rule presentation)

         1. 68B-35.002, Definitions - The proposed draft rule would add definitions for 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 fix, 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 fix, the bag limits from all the other portions of 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.  In addition, it would modify the current commercial bag limit of 250 Florida pompano to include permit, for a combined bag limit of 250 Florida pompano and permit in all waters.  The proposed draft rule would also modify the current 100 Florida pompano bycatch allowance for commercial harvesters legally targeting other species with gill nets in federal waters to establish a bycatch limit of 100 permit and Florida pompano combined per day.  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 all waters.  Spearing would also be allowed for recreational and commercial harvest of African pompano in all waters.  As a technical fix, 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 pompano endorsement zone using the current allowable gears for Florida pompano, including gill nets.  The rule would also establish a 250 fish bycatch allowance for permit harvested by pompano endorsement holders within the pompano endorsement zone.  As a technical fix, the proposed draft rule would add Florida pompano endorsement gear language and zone boundaries to this part of the rule, clarify that zone possession restriction for Florida pompano would now include permit, clarify the language on zone boundaries and landing requirements, and rename this section of the rule.

      2. Red Drum - A recent reevaluation of the red drum stock assessment was performed to assess the status of the stock in each of the spotted seatrout regions.  Results indicated that red drum in the two northern regions are exceeding the management goal.  The proposed draft rules would modify the Commission's rule for the red drum fishery as follows: ( Red Drum Draft Rule presentation)

         1. 68B-22.002, Definitions - The proposed draft rule would create three regions for red drum management in Florida with the same boundaries as the seatrout regions.  Florida would be divided into northwest, northeast, and south regions.  The boundaries of these regions would be defined in this section.

         2. 68B-22.005, Bag and Possession Limits; Sale Prohibited - The proposed draft rule would increase the bag limit from one fish to two fish in the northeast and northwest regions of the state.

      3. Blue Crab - Based on recommendations from the Blue Crab Advisory Board, the proposed draft 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 draft 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 presentation)

         1. 68B-45.004, Regulation and Prohibition of Certain Harvesting Gear - The proposed draft 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 draft 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 draft 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 draft 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

3. Staff Reports

   1. Update on FWC's Response to the Deepwater Horizon oil spill ( Deep Horizon Presentation)

4. Public Comment on Items Not on the Agenda

5. Commissioner Exchange

6. Recess Thursday's Portion of the Meeting

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8:30 am, Friday, September 3, Reconvene

1. Staff Reports ( Budget Presentation)

   1. Presentation of the new FWC website

   2. Budget Process Overview and Session Timeline ( Budget Process Overview and Session Timeline)

   3. Status of Trust Funds ( Status of Trust Funds)

2. Budget Items Requiring Action

   1. Potential Reductions for 2011 Session of the Florida Legislature include: ( Reductions History)

      1. Staff Proposals ( Potential Reductions for 2011 Legislative Session)

      2. Public Comment

      3. Commission Discussion and Action

   2. New Budget Issues for 2011 Session of the Florida Legislature include:

      1. Staff Proposals ( New Budget Issues for 2011 Session)

      2. Public Comment

      3. Commission Discussion and Action

3. Legislative Proposals

   1. Legislative Proposals for 2011 Session ( 2011 Session Legislative Proposals)

      1. Staff Proposals

      2. Public Comment

      3. Commission Discussion and Action

4. Public Comment on Items Not on the Agenda

5. Commission Exchange

6. Commission Administrative Matters

   1. The next regular Commission meeting scheduled on November 17-18, 2010, Naples, commencing at 8:30 a.m. each day.

7. Adjournment

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Consent Agenda - Wednesday, September 1

1. Report on anticipated late season migratory bird regulations for 2010-2011. ( Late Migratory Bird Seasons Report)

2. 68A-15.006  - Regulations Relating to Miscellaneous Areas (Babcock Ranch Preserve) -  Final Rule - The proposed rule 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 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 the FWC 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 FWC will continue until the Preserve Manager is able to assume this role. ( 68A-15 006 Final Rule)

3. Captive Wildlife - Draft Rules - Subject areas to be covered in the proposed rules include guarantee of financial responsibility for Class I wildlife possessors and facility requirements for captive wildlife.  The purpose and effect of this rule development includes addressing the financial responsibility guarantee requirements for possessors of Class I wildlife and the structural requirements for housing captive wildlife.  The proposed rule changes pertaining to possession of Class I wildlife are required to implement statutory requirements resulting from the passage of Senate Bill 318 and will require all possessors of Class I wildlife to guarantee financial responsibility.  The proposed rule also addresses the strength of material used for facilities housing captive wildlife. ( Captive Wildlife Draft Rules)

   1. 68A-6.0024, Commercialization of Wildlife, Bonding or Financial Responsibility Guarantee - The subject area to be covered in the proposed draft rule is the guarantee of financial responsibility for Class I wildlife possessors.  The 2010 Legislature passed SB 318/572 requiring, among other things, persons possessing Class I wildlife to "guarantee financial responsibility" in the sum of $10,000, or a $2 million insurance policy, for any liability incurred.  The new law became effective July 1, 2010.  The proposed rule change is required to implement the statutory requirements. ( 68A-6.0024 FRG Clean up FAW)

   2. 68A-6.0025, Sanctuaries; Retired Performing Wildlife and Identification - The subject area to be covered in the proposed draft rule is the guarantee of financial responsibility for sanctuaries or possessors of retired performing wildlife that possess Class I wildlife.  The 2010 Legislature passed SB 318/572 requiring, among other things, persons possessing Class I wildlife to "guarantee financial responsibility" in the sum of $10,000, or a $2 million insurance policy, for any liability incurred.  The bill did not provide exemptions for sanctuaries or those possessing retired performing wildlife.  The new law became effective July 1, 2010.  The proposed rule change is required to implement the statutory requirements. ( 68A-6.0025 FRG Clean up)

   3. 68A-6.003, Facility and Structural Caging Requirements for Class I, II and  III Wildlife - The subject area to be covered in the proposed draft rule includes the structural requirements for facilities housing captive wildlife.  The proposed rule will clarify the strength of materials required for construction of facilities used to house wildlife that was up listed from Class III to Class I or II. ( 68A-6.003 Structural FAW)

Consent Agenda - Thursday, September 2

1. Biological Review Groups - If the proposed rules relating to Florida's endangered and threatened species are approved on September 1, 2010, part of the work to be done includes an evaluation of the biological status of all species currently listed as of special concern in Rule 68A-27.005 and all species that will be state Threatened under the revised Rule 68A-27.003.  Once final, the Rule 68A-27.0012 will require that staff propose and the Commission approve biological review groups who will evaluate species for addition to or removal from the state list.  Staff will be following the intent of the approved but not yet filed rules by seeking approval of biological review groups so that status reviews can be conducted in the fall of 2010.  A complete list of the groups will be available in the background material for this agenda item. ( Biological review groups for birds, herps, mammals) ( Biological review groups for birds, herps, mammals Update) ( Biological review groups for birds, herps, mammals Update 2) ( Biological review groups for birds, herps, mammals Update 3) ( Biological review groups for birds, herps, mammals Update 4)

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