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Meeting Agenda

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
MEETING AGENDA

 Time:8:30 a.m.
Dates:September 12-14, 2007
Place:Hilton
333 First Street, South
St. Petersburg, FL 33701
Phone: (727) 894-5000

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 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 St. Petersburg Area Chamber of Commerce at (727) 821-4069 or the Chamber's website at www.stpete.com 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, September 12

  1. 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 and Herky Huffman for his eight years of service as Commissioners of the Florida Fish and Wildlife Conservation Commission.

      2. Presentation of the Global Climate Change Resolution.

      3. Recognition of Lynne Flannery and the Ridge Rangers for their volunteer work managing the Lake Wales Ridge Wildlife and Environmental Area.

      4. Recognition of Glen Lau for his artistic and funding support of the Florida Bass Conservation Center.

  2. Adoption of Agenda

    1. Review and Approval of June 13-14, 2007 Commission Meeting Minutes (Background Report 8/13/07)

    2. Approval of Consent Agenda (Attached)

    3. Approval Agenda

  3. Executive Director's Report

  4. Items Requiring Action

    1. Imperiled Species Management Plans and Rules

      1. Overview of the imperiled species listing process, management plans, protocol for modification of management plans following approval and public input on management plans for the Florida manatee, gopher tortoise and bald eagle. (Background Report 8/1/07)

      2. Florida Manatee

        1. Consideration for final approval of the Florida Manatee Management Plan. (Background Report 8/13/07) (Background Report 8/13/07) (Statement of Estimated Regulatory Costs-Response)

        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 7/31/07)

        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 7/31/07)

      3. Gopher Tortoise

        1. Consideration for final approval of the Gopher Tortoise Management Plan (Background Report 8/10/07) (Background Report 8/13/07) (Statement of Estimated Regulatory Costs-Response)

        2. 68A-27.005, Designation of Species of Special Concern; Prohibitions; Permits - The proposed rule would delete the gopher tortoise from the list of species of special concern. (Background Report 7/31/07)

        3. 68A-27.004, Designation of Threatened Species; Prohibitions; Permits - The proposed rule would add the gopher tortoise to the list of threatened species. (Background Report 7/31/07)

      4. Bald Eagle (Background Report 8/13/07) (Background Report 8/15/07)

        • Review and consideration of the draft bald eagle management plan and draft rules to delete the bald eagle from the list of threatened species and facilitate implementation of the management plan. (If the draft management plan and draft rules are approved at this meeting they likely will be considered for final review and approval at the December 2007 Commission meeting.)

    2. Final Rules

      • Marine Turtle Permits - The following four rules were reviewed and approved at the April 2007 Commission meeting. However, the rules have been revised and re-noticed for an additional public hearing to correct technical problems raised by the Joint Administrative Procedures Committee (JAPC) and to address substantive issues raised in a rule challenge. (Background Report No. 1) (Background Report No. 2) (Background Report No. 3) (Background Report No. 2 Update) (Background Report No. 3 Update)

        1. 68E-1.002, Introduction, Scope and Definitions - The proposed rule would specify when a Marine Turtle Permit is required from the Commission, requirements for issuance of the permit, and those activities that cannot be approved under a Marine Turtle Permit - The proposed rule would also clarify terms that will be used during the permit review and approval process.

        2. 68E-1.004, General Permit Application Procedures, Requirements and Expiration - The proposed rule would establish the application process for a Marine Turtle Permit, the experience and knowledge necessary to qualify for a permit, and the specialized information required to apply for captive facility or research permits. The proposed rule would also establish the training and reporting requirements for Marine Turtle Permit holders and the requirements for permit renewal.

        3. 68E-1.0041, Authorizations for Marine Turtle Research, Conservation, and Educational Activities - The proposed rule would establish the different levels of approval required for a requested activity based upon the amount of impact to marine turtles, nests, and hatchlings.

        4. 68E-1.005, Suspensions and Revocation - The proposed rule would revise and clarify the permit suspension and revocation provisions for non-compliance with a Marine Turtle Permit.

    3. Issues

      1. Update on the Deer Management Program assessment, strategic plan and program recommendations.  (Background Report 8/15/07) (Background Report 8/17/07)

      2. Review and discussion of major proposed rule changes to wildlife and freshwater fisheries regulations for 2008-09.  (Background Report 8/15/07)  (Background Report 8/17/07)

  5. Commissioners' Areas of Emphasis

  6. Public Comment on Items Not on the Agenda

  7. Commission Exchange

  8. Recess Wednesday Portion of Meeting

  9. 8:30 a.m., Thursday, September 13, (Reconvene)

  10. Items Requiring Action

    1. Final Rules

      1. Trap Retrieval and Trap Debris Removal (Background Report 8/6/07)

        1. 68B-55.001, Definitions - The proposed rule would revise the definition of "derelict trap" to account for the fact that blue crab traps will now be marked with tags like those used on lobster and stone crab traps rather than identification tags. (Background Report 8/6/07)

        2. 68B-55.002, Retrieval of Trap Debris - The proposed rule would exempt local, state or federal government personnel from acquiring Commission approval before removing trap debris from areas where trapping is prohibited. (Background Report 8/6/07)

        3. 68B-55.004, Retrieval of Derelict Traps - The proposed rule would exempt local, state or federal government personnel from acquiring Commission approval before removing traps or derelict traps from areas where trapping is prohibited. (Background Report 8/6/07)

        4. 68B-55.005, Recovery of Traps in Area of Major Natural Disaster - The proposed rule would provide a mechanism to enhance the capability of trappers to recover lost traps following a major storm. (Background Report 8/6/07)

      2. Blue Crab Recreational Traps (Background Report 8/6/07)

        1. 68B-45.002, Definitions - The proposed rule would modify the definition of a fold-up trap to allow more flexibility in the size and shape of traps that may be used. (Background Report 8/3/07)

        2. 68B-45.004, Regulation and Prohibition of Certain Harvesting Gear - The proposed rule would provide more flexibility in the allowable size and shape of fold-up traps.  (Background Report 8/3/07)

      3. Boating Restricted Areas

        • 68D-24.109, Withlacoochee River Boating Restricted Area - The proposed rule would revise speed and operational regulations for vessels on or adjacent to the Withlacoochee River in Citrus, Hernando, Marion, and Sumter counties during flood conditions. (Background Report 8/17/07)

      4. Captive Wildlife Regulations (Background Report 8/15/07)

        • 68A-6.0024, Commercialization of Captive Wildlife; Public Contact; Bonding - The proposed rule establishes the bonding requirements for the exhibition of Class I wildlife and venomous reptiles pursuant to the passage of the Reptile Bill (SB2766) during the 2007 Legislative Session. (Background Report 8/2/07)

    2. Draft Rules

      1. Captive Wildlife Regulations (Background Report 8/8/07)

        1. Review and discussion of draft rule 68A-6.007, Possession, Transportation, Exhibition and Caging Venomous Reptiles and Reptiles of Concern; Prohibited Reptile Species - The proposed draft rule would incorporate technical changes to conform with the Regulated Reptiles Bill (SB 2677) passed in the 2007 Legislative Session and rules passed by the Commission in June 2007. (Background Report 8/10/07)

        2. Review and discussion of draft rule 68A-6.0071, Record Keeping and Reporting Requirements - The proposed draft rule would incorporate technical changes to conform with the Regulated Reptiles Bill (SB 2677) passed in the 2007 Legislative Session. (Background Report 8/10/07)

        3. Review and discussion of draft rule 68A-6.0072, Identification of Non-Native Venomous Reptiles and Reptiles of Concern; Escape - The proposed draft rule would incorporate technical changes to conform with the Regulated Reptiles Bill (SB 2677) passed in the 2007 Legislative Session and rules passed by the Commission in February 2007. (Background Report 8/10/07)

        4. Review and discussion of draft rule 68A-6.003, Facility and Structural Caging Requirement for Class I, II and III Wildlife - The proposed draft rule would require new applicants for licenses relating to Class I wildlife to notify their neighbors that they are applying to the Florida Fish and Wildlife Conservation Commission (FWC) for a Class I license. (Class I animals are considered the most dangerous and require expert care and proper handling). The draft rule would also require that neighbors be notified when there is a change in the status or authorizations of any existing Class I license and that neighbors, local animal control officials and emergency responders be notified if any Class I wildlife escapes from a licensed facility. (Background Report 8/15/07)

      2. Red Snapper (State waters of the Gulf of Mexico only) (Background Report 8/6/07)

        1. Review and discussion of draft rule 68B-14.0035, Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, and Snapper - The proposed draft rule would decrease the minimum length limit for red snapper harvested in state waters of the Gulf of Mexico from 15 inches to 13 inches.

        2. Review and discussion of draft rule 68B-14.00355, Size Limits for Importation and Sale - The proposed draft rule would change the minimum length limit from 15 to 13 inches for any red snapper possessed for the purposes of sale, purchased, sold or exchanged.

        3. Review and discussion of draft rule 68B-14.0036, Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Exception, Wholesale/Retail Purchase Exemption - The proposed draft rule would decrease the recreational bag and possession limit for red snapper harvested in the state waters of the Gulf of Mexico from four (4) red snapper per person per day to two (2) red snapper per person per day, and prohibit the possession of the recreational bag limit by captain and crew of for-hire vessels in the Gulf of Mexico.

        4. Review and discussion of draft rule 68B-14.0038, Recreational Red Snapper Season - The proposed draft rule would reduce the season for the recreational harvest and possession of red snapper in state waters of the Gulf of Mexico from April 15 through October 31 to June 1 through September 15, each year.

        5. Review and discussion of draft rule 68B-14.0045, Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits - The proposed draft rule would decrease the commercial bag limit for red snapper in state waters of the Gulf of Mexico from four (4) red snapper per day to two (2) red snapper per day.

        6. 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 require the use of stainless steel circle hooks for the harvest of any of the species specified in subsection 68B-14.001(2), F.A.C which currently includes: almaco jack, banded rudderfish, greater amberjack, lesser amberjack, bank sea bass, black grouper, black sea bass, coney, gag, graysby, misty grouper, red grouper, red hind, rock hind, rock sea bass, scamp, snowy grouper, speckled hind, tiger grouper, Warsaw grouper, yellowedge grouper, yellowfin grouper, yellowmouth grouper, black snapper, blackfin snapper, Cubera snapper, dog snapper, gray (mangrove) snapper, lane snapper, mahogany snapper, mutton snapper, queen snapper, red snapper, schoolmaster, silk snapper, vermilion snapper, wenchman, yellowtail snapper, gray triggerfish, hogfish, red porgy, and golden tilefish. The proposed draft rule would also require venting tools to be onboard all vessels harvesting any of the species specified in subsection 68B-14.001(2), F.A.C. (see list above).

      3. Uniform Rules of Procedure, Due Process, and Delegations of Authority

        1. Review and discussion of draft rule 68-1.001, Adoption of Uniform Rules of Procedure; Due Process Procedures; Subject Matter Index; Official Reporter - The proposed draft rule would delete the reference to the FWC's Due Process Procedures adopted by the Commission on July 7, 1999.(Background Report 8/15/07)

        2. Review and discussion of draft rule 68-1.008, Due Process Procedures - The proposed draft rule would publish the current FWC Due Process Procedures in its entirety in accordance with Legislative direction and to make them more visible and accessible.  (Background Report 8/3/07)

        3. Review and discussion of draft rule 68-1.009, Delegations of Authority - The proposed draft rule would incorporate into rule by reference the Commission's Delegations of Authority to its Executive Director.  (Background Report 8/3/07)

    3. Federal Issues (Background Report 8/17/07)

  11. Commissioners' Areas of Emphasis

  12. Public Comment on Items Not on the Agenda

  13. Commission Exchange

  14. Recess Thursday Portion of Meeting

  15. 8:30 a.m., Friday, September 14, (Reconvene)

  16. Staff Reports

    1. Budget Process Overview and Session Time Line (Background Report 8/17/07) (Background Report 9/14/07)

    2. Status of Trust Funds

  17. Budget Items Requiring Action

    1. Potential Reductions for 2008 Legislative Session (Background Report 9/7/07)

      1. Staff Proposals (Background Report 8/9/07)

      2. Public Comment

      3. Commission Discussion and Action

    2. New Budget Issues for 2008 Legislative Session

      1. Staff Proposals (Background Report 8/16/07)

      2. Public Comment

      3. Commission Discussion and Action

  18. Legislative Issues Requiring Action (Background Report 8/17/07)

    1. Legislative Proposals for 2008 Session

      1. Staff Proposals (Background Report 8/17/07) (Background Report 8/17/07) (Background Report 8/17/07) (Background Report 8/17/07)

      2. Public Comment

      3. Commission Discussion and Action

    2. Issues to Discuss with Stakeholders for 2009 Session (Background Report 8/17/07)

      1. Staff Proposals

      2. Public Comment

      3. Commission Discussion and Action

  19. Public Comment on Items Not on the Agenda

  20. Commission Exchange

  21. Commission Administrative Matters

  22. The next regular Commission meeting will be held December 5-6, 2007, at the Key Largo Bay Marriott Beach Resort in Key Largo, commencing at 8:30 a.m. each day.

  23. Adjournment

 

Consent Agenda

  

September 2007

 
  1. Review and approval of technical changes to 68B-44.004, Practice of Finning Prohibited; Removal of Fins from Sharks Harvested in State Waters Prohibited; Compliance with Federal Requirements; Filleting Prohibited, and 68B-44.005, Commercial Harvest of Sharks: Federal Permit Required - to update references to Code of Federal Regulations provisions for the harvest and landing of sharks or shark fins. (Background Report 8/3/07) (Background Report 8/31/07)

  2. Report on anticipated late season migratory bird regulations for 2007-08. (Background Report 8/15/07)

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