Meeting Agenda

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION  

MEETING AGENDA 

Time:          8:30 a.m.
Dates:        June 7-8, 2006
Place:       West Palm Beach Marriott
                1001 Okeechobee Boulevard
                West Palm Beach, FL 33401
                (561)833-1234

THIS MEETING IS OPEN TO THE PUBLIC 

All persons who so desire, shall be given an opportunity to speak at a Commission workshop or meeting within the guidelines established by the Commission.  In order 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 is asked to advise the agency at least five calendar days before the meeting by contacting Cindy Hoffman at (850)488-6411.  If hearing or speech impaired, please contact the agency by calling (850)488-9542.  

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 record includes testimony and evidence upon which the challenge is to be based.   

For information on lodging and restaurants within the area you may call the Palm Beaches Chamber of Commerce at (561)833-3711 or the Chamber’s website at www.palmbeaches.org  visit www.VisitFlorida.com.

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>8:30 a.m., Wednesday, June 7  

1.     Meeting Opening  

          A.       Call to Order
          B.       Invocation and Pledge of Allegiance to the Flag 
          C.      Special Presentations and Recognitions

                   (1)  Presentation of FWC Prosecutor of the Year Award to Ted Booras of Palm Beach County.
                   (2)  Recognition of Hunter Safety Instructor of the Year
                   (3)  Introduction of local Fish and Wildlife Conservation Commission staff.         

2.     Adoption of Agenda 

          A.       Review and Approval of April 5-6, 2006 Commission Meeting Minutes
          B.       Approval of Consent Agenda (Attached)
          C.       Approval of Agenda 

3.    Executive Director’s Report 

4.    Items Requiring Action  

          A.       Rules  

                   Tosohatchee Wildlife Management Area (WMA)—The following two rules are needed to transfer the lead management authority for the Tosohatchee WMA from the Florida Department of Environmental Protection (DEP) to the Florida Fish and Wildlife Conservation Commission (FWC).  NOTE:  Should authorization to transfer the lead management authority to the FWC not occur prior to the June Commission meeting, the Commission may approve the rules to become effective contingent upon transfer of authority to the FWC.  

                   (1)  68A-15.065, Specific Regulations for Wildlife Management Areas-Northeast Region—The proposed rule would allow tent camping at designated campsites during periods closed to hunting and would allow public access on the area from 8 AM to sunset during periods closed to hunting, unless camping at designated campsites. (Background Report-4/25/06)

                   (2)  68A-9.007, Fees—The proposed rule change would establish FWC short-term use permits and fees for the Tosohatchee WMA to provide for a management authority transition from DEP to FWC.  These fees are the same as those presently charged by DEP.  The proposed public access fees would be as follows:  $3 per vehicle for a daily-use permit for all outdoor recreational activities (including camping) other than hunting; $1 for a daily-use permit for bicyclists and pedestrians; and $50 for a daily-use permit for groups of 25 or more people.  The proposed rule would further establish that a daily-use permit would not be required for persons participating in Commission-sponsored meetings or activities; a daily-use permit would not be required for persons using the Florida Trail for recreational hiking; a daily-use permit would not be required for persons exempt from management area permit requirements by Section 372.562, F.S.; and a daily-use permit would not be required for the spouse or dependent children of persons in possession of a management area permit while traveling in the same vehicle or in the company of the permit holder. (Background Report-4/25/06) 

                   (3)  Uniform Procedure Rules (Background Report-4/26/06) 

                             a.  68-1.001, Uniform Rules of Procedure; Due Process Procedures; Subject Matter Index; Official Reporter—The proposed rules would incorporate by reference the existing Fish and Wildlife Conservation Commission’s Due Process Procedures, which were adopted by the Commission at its inception in 1999, into the Commission’s procedural rule; the proposed rule would also transfer applicable procedural rule language from Chapter 68A-2 to Chapter 68, a new chapter established for procedural rules applicable to the entire agency. (Background Report-4/25/06)

                             b.  68-1.004, Standards—The proposed rule would establish standards for Commission rulemaking relating to fishing and hunting.  (Background Report-4/25/06)   

                             c.  68A-2.004, 68A-2.005, 68A-2.009, 68A-2.013; Organizational Rules of the Game and Fresh Water Fish Commission—This proposed rule would repeal obsolete and unnecessary organizational rules relating to the Game and Fresh Water Fish Commission (GFC) and will repeal two procedural rules the language of which is being transferred to Chapter 68-1.  (Background Report-4/25/06)  

                             d.  68B-1, Organizational and Procedures Rules of the Marine Fisheries Commission—The proposed rule would repeal the entire rule section 68B-1 which is obsolete and unnecessary organizational and procedural rules of the Marine Fisheries Commission. (Background Report-4/25/06)

                   (4)  68C-22.015, Charlotte County (and part of DeSoto County) Zones, Placida Harbor Area—The proposed rule would modify the manatee protection zones in the Placida Harbor area of Charlotte County to provide an additional 25 MPH channel for access to Little Gasparilla Island. (Background Report-4/25/06)

          B.       Issues

                   The FWC imperiled species listing process is driven by Florida-specific data and clear standards consisting of measurable biological criteria peer reviewed by panels of experts, agreed upon by FWC’s Commissioners, and strengthened by species-specific management plans that are tailored to the unique conditions and needs of each species.  The imperiled species list classifications identify those species facing the greatest risk of extinction, they do not dictate the level of protection a species receives.  The status change for any species will occur only after a species management plan is developed, professionally and publicly reviewed, and accepted by the FWC’s Commissioners.  

                   The FWC imperiled species listing process is described in Florida Administrative Code Rule 68A-27.0012, Procedures for Listing, Delisting and Reclassifying Endangered, Threatened and Species of Special Concern.  The process consists of Phases 1 and 2.  (Background Report-4/25/06) (Background Report-06/06/06)

                   Phase 1 establishes the process for receiving and reviewing petitions to list a species or change the listing status of a species.  A request for information regarding the petitioned species is published.  FWC staff recommends to the Commission a panel of scientists to review the petition and associated information using the Guidelines for Application of IUCN Red List Criteria.  The biological review panel summarizes information from the petition, information obtained from the public, and other available biological data on the status of the petitioned species into a biological status report.  The biological status report is reviewed by at least three independent scientists not involved in the biological review panel.  The Commission reviews the final biological status report, independent scientific reviews, and public comments in making a final determination whether the listing action is warranted.  If the Commission determines the listing action is warranted they will determine the appropriate listing category for the species and establish a timeframe for completion of the species’ management plan.  

                   Phase 2 involves a formal solicitation for management-related information and development of a draft management plan for the species.  Final Commission action includes formal action on the listing status and approval of the management plan and any associated rules required to implement the management plan. 

                   The following four agenda items constitute the Phase 1 recommendations for petitions on the bald eagle, Panama City crayfish, gopher tortoise, and manatee. 

                   (1)  Consideration of Phase 1 of the Listing Process for the Bald Eagle—Consideration of the bald eagle final biological status report, biological recommendations from the panel of scientific experts, and public testimony regarding biological status, to determine if listing action is warranted.  If listing action is warranted, the Commission will specify the appropriate listing category and direct staff to initiate Phase 2 of the listing process which includes development of the management plan.  The recommended management plan due date is September 2007. (Background Report-4/25/06)

                   (2)  Consideration of Phase 1 of the listing process for the Panama City Crayfish—Consideration of the Panama City crayfish final biological status report, biological recommendations from the panel of scientific experts, and public testimony regarding biological status, to determine if listing action is warranted.  If listing action is warranted, the Commission will specify the appropriate listing category and direct staff to initiate Phase 2 of the listing process which includes development of the management plan.  The recommended management plan due date is June 2007. (Background Report-4/25/06)

                   (3)  Consideration of Phase 1 of the Listing Process for the Gopher Tortoise—Consideration of the gopher tortoise final biological status report, biological recommendations from the panel of scientific experts, and public testimony regarding biological status, to determine if listing action is warranted.  If listing action is warranted, the Commission will specify the appropriate listing category and direct staff to initiate Phase 2 of the listing process which includes development of the management plan.  The recommended management plan due date is June 2007. (Background Report-4/25/06)  

                   (4)  Consideration of Phase 1 of the Listing Process for the Manatee—Consideration of the manatee final biological status report, biological recommendations from the panel of scientific experts, and public testimony regarding biological status, to determine if listing action is warranted.  If listing action is warranted, the Commission will specify the appropriate listing category and direct staff to initiate Phase 2 of the listing process which includes development of the management plan.  The recommended management plan due date is February 2007. (Background Report-4/25/06)

                   (5)  Proposed Duval County Manatee Protection Rules—Review and discussion of recommended changes that would conform state manatee protection zones with existing federal manatee protection zones in that portion of the St. Johns River between the Fuller Warren Bridge and Reddie Point. (Background Report Update-5/08/06) (Background Report-4/25/06) 

                   (6)  Manatee Safe Haven Report—Review and discussion of a report addressing the need for new manatee safe havens in Port Sutton (Hillsborough County), Salt Springs and Silver Glen Springs (Marion County), Welaka Springs (Putnam County), portions of Big Mud and Little Mud creeks (St. Lucie County), and the Munyon Island area (Palm Beach County).(Background Report-4/25/06)  

                   (7)  Review and consideration of delegating to the Executive Director the authority to sign an order establishing the Babcock Ranch Preserve following purchase of the property by the State of Florida.   (Background Report-4/25/06)

5.       Public Comment on Items Not on the Agenda

6.       Commission Exchange   

7.       Recess Wednesday Portion of Meeting
 

>8:30 a.m., Thursday, June 8, Reconvene 

8.       Items Requiring Action 

          A.       Rules  

                   (1)  68D-23, Uniform Waterway Markers in Florida Waters—The proposed rule would correct and update statutory cross-references, improve clarity and  consistency of language and definitions, remove and/or revise obsolete provisions and cross-references, reduce administrative reporting requirements for local governments, and conform the rule to changes made by the 2005 Legislature.  (Background Report-4/18/06) (Background Report-4/20/06)(Background Report Update-6/06/06)

                   (2)  68B-21.005, Size Limit on Snook—The proposed rule would adjust the lengths (slot limit) of snook that may be legally harvested from 26 to 34 inches to 27 to 35 inches in order to compensate for any effects of the new total length measurement method which will become effective on July 1, 2006.  (Background Report Update-5/25/06)(Background Report(Proposed Rule Language)-4/20/06) (Background Report-5/22/06) (Background Report Update-06/06/06)

                   (3) Emergency Rules 68B-45.004(9)(b), Regulation and Prohibition of Certain Harvesting Gear and 68B-45.007, Blue Crab Limited Entry Endorsement Program – The 2006 Legislature did not authorize fees and penalties relating to the blue crab effort limitation program.  Also, legal issues have been raised as to FWC’s authority over fisheries effort limitation programs.  Therefore, this program should not be implemented at this time.  (Background Report-5/25/06) 

                         The proposed emergency rules will continue the moratorium on renewal or replacement of blue crab endorsements, except those endorsements that were active during the 2005-2006 fiscal year, and will make other changes necessitated by the delay in implementation of the program.  Without the emergency rule, the moratorium is scheduled to end July 1, 2006 and current efforts to control the number of crab traps and level of effort for this fishery could be significantly jeopardized.   Approval of this item will also authorize staff to commence regular rulemaking to continue the moratorium until July 1, 2007 (or beyond) and to make other rule changes necessitated by the delay of the program. 

          B.    Issues 

                  Federal Issues 

          C.    Land Acquisitions 

                 Commission consideration of a temporary Delegation of Authority to the Executive Director to approve land acquisitions, in consultation with the Chairman, for the period June 8 through September 13, 2006 when there are no scheduled Commission meetings. (Background Report-4/20/06)

9.  Commissioners’ Areas of Emphasis  

          A.  Financial Business Plan
          B.  Comprehensive Wildlife Conservation Strategy—Wildlife Legacy Initiative (Background Report-4/26/06)
          C.  Future of Hunting Update (Background Report-4/26/06)
          D.  Future of Saltwater Fisheries—Draft of Vision Document (Background Report-4/25/06) (Background Report-6/08/06)
          E.  Exotics—Exotic Pet Amnesty Day (Background Report-4/26/06)

10. Staff Reports  

          Legislative Report 

11.     Public Comment on Items Not on the Agenda 

12.     Commission Exchange

13.     Commission Administrative Matters 

          The next regular Commission meeting will be held September 13-15, 2006, at St. Petersburg, commencing at 8:30 a.m. each day.  This is a three-day meeting to provide adequate time to discuss Legislative and Budget issues. 

14.     Adjournment 

Consent Agenda                                                                           June 2006

          1.  Approval of Proposed Aquatic Habitat Restoration/Enhancement Work Plan for Fiscal Year 2006-07.   (Background Report-4/25/06) (Background Report-4/25/06)