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Meeting Agenda

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
MEETING AGENDA

	Time:	8:30 a.m.
	Dates:	December 5-6, 2007
	Place:	Marriott Key Largo 103800 Overseas Hwy. Key Largo, FL 33037 Phone: 305-453-0582

THIS MEETING IS OPEN TO THE PUBLIC

All interested individuals may speak at Commission workshops or meetings 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 should notify the agency at least five calendar days before the meeting by calling (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 Key Largo Chamber of Commerce at (800) 822-1088 or the Chamber's website at http://www.floridakeys.org or visit www.VisitFlorida.com.

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Managing fish and wildlife resources for their long-term well-being and the benefit of people.

8:30 a.m., Wednesday, December 5

Meeting Opening
1. Call to Order
2. Invocation and Pledge of Allegiance to the Flag
3. Special Presentations and Recognitions
  1. Recognition of Sandra Kaupe for her five years of service; Herky Huffman for his eight years of service; and David Meehan for his eight years of service as Commissioners of the Florida Fish and Wildlife Conservation Commission (FWC).
  2. Presentation of the 2007 Louise Ireland Humphrey Achievement Award to Victor Heller by Dr. C. Tom Rainey of the Wildlife Foundation of Florida.
  3. Recognition of Jeffery Bass and Captain James Koch for their heroic efforts to rescue a boating accident victim in Key Largo.
  4. Recognition of Linn Bedwell, Jr. as the Hunter Safety Instructor of the Year
  5. Recognition of Vic Dunaway, outdoor writer and founding editor of Florida Sportsman magazine.
  6. Presentation of the 2007 Shikar-Safari Club International Officer of the Year Award to Officer Brad Stanley by Jack Beal of Shikar-Safari Club International.
  7. Recognition of John White for his 30 years of service and retirement from FWC.
  8. Introduction of local FWC staff.
Adoption of Agenda
1. Review and Approval of September 12-14, 2007 Commission Meeting Minutes (Background Report 11/19/07)
2. Approval of Consent Agenda (Attached)
3. Approval of Agenda
Executive Director's Report
Items Requiring Action
1. Imperiled Species Management Plans and Rules
  1. Overview of the management plans, protocol for modification of management plans following approval, and public input on the management plan for the Florida manatee. (Background Report 11/09/07)
  2. Florida Manatee (Background Report 11/09/07)
    1. Consideration for final approval of the Florida Manatee Management Plan. (Background Report 11/07/07)
    2. 68A-27.003, Designation of Endangered Species; Prohibitions; Permits-The proposed rule would delete the Florida manatee from the list of endangered species. (Background Report 11/01/07)
    3. 68A-27.004, Designation of Threatened Species; Prohibitions; Permits-The proposed rule would add the Florida manatee to the list of threatened species. (Background Report 11/01/07)
  3. Bald Eagle - Update on the bald eagle management plan and associated rules
2. Draft Rules
  1. Review and discussion of proposed 2008-09 draft rules for wildlife. (Background Report 11/09/07) (Background Report 11/13/07) (Background Report 11/13/07)
  2. Review and discussion of proposed 2008-09 draft rules for freshwater fish. (Background Report 11/09/07) (Background Report 11/13/07) (Background Report 11/13/07)
3. Issues
  1. Review and discussion of proposed 2008-09 work plan for the Division of Freshwater Fisheries Management. (Background Report 11/07/07)
  2. Review and discussion of proposed 2008-09 work plan for the Division of Hunting and Game Management. (Background Report 11/08/07)
  3. Review and discussion of the draft FWC off-road vehicle use policy. (Background Report 11/09/07) (Background Report 11/09/07) (Background Report 11/15/07)
  4. Update on the General Management Plan for the Addition Lands in Big Cypress National Preserve. (Background Report 11/30/07)
  5. Review and discussion of the Bobwhite Quail Strategic Plan. (Background Report 11/08/07) (Background Report 11/08/07)
4. Land Acquisition
  1. Acquisition of the 1,148-acre Dunham Ranch in Polk County as a new Mitigation Park under the Commission's Land Acquisition Trust Fund Fish and Wildlife Habitat Acquisition Program. (Background Report 11/01/07) (Background Report 11/01/07) (Background Report 11/01/07) (Background Report 11/01/07) (Background Report 11/26/07)
  2. Acquisition of the 1,652-acre Lucky L Ranch in Osceola County as an addition to the Three Lakes Wildlife Management Area under the Commission's Florida Forever Additions and Inholdings Land Acquisition Program. (Background Report 11/01/07) (Background Report 11/01/07) (Background Report 11/01/07) (Background Report 11/01/07) (Background Report 11/26/07)
Public Comment on Items Not on the Agenda
Commission Exchange
Recess Wednesday Portion of Meeting
8:30 a.m., Thursday, December 6, Reconvene
Election of Chairman and Vice-Chairman for 2008
Items Requiring Action
1. Final Rules
  1. Uniform Rules of Procedure, Due Process, and Delegations of Authority
    1. 68-1.001, Adoption of Uniform Rules of Procedure; Due Process Procedures; Subject Matter Index; Official Reporter-The proposed rule would delete the reference to the Commission's Due Process Procedures adopted by the Commission on July 7, 1999. (Background Report 11/01/07)
    2. 68-1.008, Due Process Procedures-The proposed rule would publish the current Commission's Due Process Procedures in its entirety in accordance with Legislative direction and to make them more visible and accessible. (Background Report 11/01/07)
    3. 68-1.009, Delegations of Authority-The proposed rule would incorporate into rule by reference the Commission's Delegations of Authority to its Executive Director. (Background Report 11/01/07) (Background Report 11/15/07)
    4. Due Process Procedures Issue - Review and discussion of requests for the Commission to ask for a Legislative Joint Resolution to modify its due process procedures.
  2. Captive Wildlife Regulations
    1. Bonding or Financial Responsibility Guarantee Requirements for Exhibition of Class I Wildlife or Venomous Reptiles. (Background Report 11/14/07) (Background Report 11/30/07) (Background Report 11/30/07) (Background Report 11/30/07)
      1. Update on the Availability of Bonding or Other Financial Responsibility Guarantees
      2. 68A-6.0024, Commercialization of Captive Wildlife; Public Contact; Bonding or Financial Guarantee-This rule was approved by the Commission at its September meeting and established bonding requirements for the exhibition of Class I wildlife or venomous reptiles pursuant to Chapter 2007-239, Laws of Florida, as passed during the 2007 Legislative Session (SB 2766). The Commission voted for the rule to become effective February 1, 2008 to provide adequate time to verify that bonding or other financial responsibility guarantees are currently available. Commission staff is assessing and will report on the availability of financial responsibility guarantees. The rule hearing is re-opened allowing the Commission to take further action if warranted. (Background Report 11/01/07)
    2. Notification of Escaped Class I Wildlife (Background Report 11/01/07) (Background Report 11/14/07)
      - 68A-6.003, Facility and Structural Caging Requirements for Class I, II, and III Wildlife-The proposed rule would require Class I wildlife license holders to notify the Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement, of any Class I wildlife escapes from their facility. Licensees possessing Class I wildlife shall maintain a list of the current contiguous landowners or neighbors in Part B of their Captive Wildlife Critical Incident Plan.
    3. Technical Changes (Background Report 11/01/07) (Background Report 11/14/07)
      1. 68A-6.007, Possession, Transportation, Exhibition and Caging Venomous Reptiles and Reptiles of Concern; Prohibited Reptile Species-The proposed rule would incorporate technical changes to conform this rule to Chapter 2007-239, Laws of Florida, as passed during the 2007 Legislative Session (SB 2766). (Background Report 11/01/07)
      2. 68A-6.0071, Record Keeping and Reporting Requirements-The proposed rule would incorporate technical changes to conform this rule to Chapter 2007-239, Laws of Florida, as passed during the 2007 Legislative Session (SB 2766). (Background Report 11/01/07)
      3. 68A-6.0072, Identification of Non-Native Venomous Reptiles and Reptiles of Concern; Escape- The proposed rule would incorporate technical changes to conform this rule to Chapter 2007-239, Laws of Florida, as passed during the 2007 Legislative Session (SB 2766). (Background Report 11/01/07)
2. Draft Rules
  1. Spiny Lobster-The following draft rules are the recommendations of the Spiny Lobster Advisory Board. Other Board recommendations and issues will be addressed at Commission meetings in 2008 and 2009. (Background Report 11/09/07) (Background Report 11/16/07 Update)
    1. Review and discussion of draft rule 68B-24.002, Definitions-The proposed draft rule would amend the definition of Slipper lobster and add a definition of "lobster family"
    2. Review and discussion of draft rule 68B-24.005, Seasons-The proposed draft rule would allow commercial trappers to place their traps in the water the day following the Two-Day Sport Season. (FWC staff recommendation differs from the Board recommendation.)
    3. Review and discussion of draft rule 68B-24.006, Gear: Trap, Buoys, Identification Requirements, Prohibited Devices-The proposed draft rule would allow a vessel to display up to two different spiny lobster endorsement numbers to allow a like number of licensed fishers to pull their traps from the vessel.
    4. Review and discussion of draft rule 68B-24.007, Slipper Lobster: Prohibitions Relating to Eggbearing Slipper Lobster-The proposed draft rule would prohibit the harvest of any egg-bearing lobster in the "lobster family".
    5. Review and discussion of draft rule 68B-24.009, Trap Reduction Schedule-The proposed draft rule would end the spiny lobster trap reduction schedule. (FWC staff recommendation differs from the Board recommendation.)
    6. Review and discussion of draft rule 68E-18.003, Certificate Allocations and Fees-The proposed draft rule would reduce the time from 3 to 2 years in which any trap certificate not paid for shall be considered abandoned and shall revert to the Commission.
  2. Review and discussion of draft rule 68B-14.005, Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation-The proposed draft rule would modify the dimensions of a legal black sea bass trap to allow more flexibility in the size and shape of these traps. (Background Report 11/01/07)
3. Issues
  1. Report on the duties and programs of the Boating and Waterways Section, Division of Law Enforcement. (Background Report 11/02/07)
  2. Review and discussion of proposed 2008-09 work plan for the Division of Law Enforcement. (Background Report 11/01/07)
  3. Review and discussion of proposed 2008-09 work plan for the Division of Marine Fisheries Management. (Background Report 11/08/07)
  4. Review and discussion of a delegation to the Executive Director to respond by order to a Petition for Rulemaking filed by Advance Coastal Technologies relating to marine turtles. (Background Report 11/09/07) - This item will likely be removed from the agenda by the Commission, because it has been resolved.
4. Federal Issues (Background Report 11/08/07) (Background Report 11/08/07 Update) (Background Report 11/15/07 Update 2)
  1. Review and discussion of procedures to better incorporate Commission input into the decision-making processes of the Gulf of Mexico Fisheries Management Council and the South Atlantic Fisheries Management Council. (Background Report 11/08/07)
  2. South Atlantic Fisheries Management Council Review and discussion of gag grouper and vermilion snapper management alternatives. (Background Report 11/09/07)
  3. Gulf of Mexico Fisheries Management Council (Background Report 11/08/07) (Background Report 11/15/07 Update)
    1. Review and discussion of gag and red grouper management alternatives.
    2. Review and discussion of amberjack and gray triggerfish management alternatives.
  4. Review and discussion of written modifications to the Memorandum of Understanding between the Commission and Biscayne National Park regarding the Fisheries Management Plan. (Background Report 11/08/07) (Background Report 11/08/07)
Staff Reports
- Legislative Report (Background Report 11/28/07) (Background Report 11/28/07)
Public Comment on Items Not on the Agenda
Commission Administrative Matters
1. Consideration to change the location of the June 2008 Commission meeting from Ft. Myers to Ft. Lauderdale(Background Report 11/01/07)
2. The next regular Commission meeting is scheduled February 6-7, 2008 in Panama City, commencing at 8:30 a.m. each day.
Adjournment

Visit our web site at www.MyFWC.com agenda materials

Consent Agenda

December 2007

68A-13.003, Hunting Regulations for Ducks, Geese, and Coots-The proposed rule would change the daily bag and possession limit for canvasbacks from one to two and two to four, respectively. (Background Report 11/01/07) (Background Report 11/09/07)