Commission Meeting Agenda

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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 17, 2008

1. Meeting Opening
   1. Call to Order
   2. Invocation and Pledge of Allegiance to the Flag
   3. Special Presentations and Recognitions
      1. Presentation of the Hunter Safety Instructor of the Year Award to Anthony "Andy" Campbell.
      2. Recognition of the members of the Captive Wildlife Technical Advisory Group.
      3. Recognition of Coastal Conservation Association for the donation of fish measurement tools.
      4. Recognition of Adam Warwick, FWC's Fisheries and Wildlife Biological Scientist.
      5. Presentation of the FWC Division of Law Enforcement's Lifesaving with Valor Award to Officer Bret Gill.
      6. Recognition of Dinah Pulver, reporter and environmental writer for the Daytona Beach News Journal.
   4. Introduction of local FWC staff
2. Adoption of Agenda
   1. Review and Approval of June 11-12, 2008 Commission 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. Management of Freshwater Turtles
          
         68A-25.002, General Provisions for Taking, Possession and Sale of Reptile-The proposed rule establishes limits on the number of turtles that may be harvested each day.  Turtle owners, aquaculture facilities, zoos and other facilities currently in possession of legally obtained turtles will be allowed to retain their turtles.  These changes are recommended to protect freshwater turtle populations during the development of a comprehensive management strategy for sustainable use of native nongame species.
      2. Management of duck blinds on Lake Miccosukee, Lake Iamonia, Lake Carr, and Lake Jackson.
         1. 68A-1.004, Definitions-The proposed rule would establish a definition for "permanent blind" as anything that provides shelter, cover, or place of concealment for a hunter, but does not include any rooted vegetation or any type of blind that remains in place only while the hunter is present.
         2. 68A-12.002, General Methods of Taking Game; Prohibitions-The proposed rule would prohibit hunting of waterfowl from or within 30 yards of a permanent blind or from anything constructed in violation of Florida Statutes on lakes Miccosukee, Iamonia, Carr, and Jackson in Leon and Jefferson counties.
      3. Adoption of Nonnative Wildlife
          
         68-5.004, Certified Nonnative Wildlife Adoption-The proposed rule would establish a procedure for persons adopting nonnative animals to help prevent illegal release of nonnative fish and wildlife.
         
      4. Delegations of authority from the Commission to the Executive Director
          
         68-1.009, Delegations of Authority to the Executive Director-The proposed rule would revise and clarify delegations of authority given by the Commission to the Executive Director.
         
      5. Mobility Impaired Hunting Permits
         
         68A-9.008, Permits for Physically Disabled-The proposed rule changes would define complete single-leg amputations as above the knee for those persons seeking permits for the mobility impaired and incorporate grammatical corrections and language standardization or clarification.
   2. Draft Rules
      1. Captive Wildlife Rules
         1. 68A-6.002, Categories of Captive Wildlife-The proposed draft rule would address the current Class I and II wildlife listing; regulate wild/domestic hybrids; and prohibit personal pet possession of wild fox, skunks, bats, raccoons or white tail deer.
         2. 68A-6.004, Standard Caging Requirements for Captive Wildlife-The proposed draft rule would require variances for some open air habitats and require temperature regulation in Red Panda enclosures.
         3. 68A-6.0011, Possession of Wildlife in Captivity; Permit Requirements-The proposed draft rule would require USDA registered research facilities currently exempt from caging requirements to maintain a detailed research proposal and clarify that enclosure requirements will not apply to Bison kept for the production of meat, skins or hides, or progeny.
         4. 68A-6.0022, Possession of Class I, II, or III Wildlife in Captivity: Permit Requirements-The proposed draft rule would require a permit to possess brushtailed possums; clarify experience requirements for Class I and II wildlife possession; require a USDA license when Class I wildlife is possessed for exhibition or sale; and clarify who needs to submit the Critical Incident/Disaster Plan.
         5. 68A-6.005, Transportation Requirements for Wildlife; Caging Requirements for Performing and Non-Performing Animals-The proposed draft rule would clarify the requirements for wildlife transportation.
         6. 68A-6.007, Possession, Transportation, Exhibition and Caging of Venomous Reptiles and Reptiles of Concern-The proposed draft rule would include the "taxonomic successors" of the reptiles of concern and address the experience requirements to possess them.  The proposed draft rule would require licensed corporations to have qualified personnel on staff who have verified experience with the wildlife they possess.
         7. 68A-6.0041, Exceptions to Standard Caging Requirements for Captive Wildlife-The proposed draft rule would exempt Bison (when possessed for propagation purposes only) from standard caging requirements, except fencing.
         8. 68A-6.003, Facility and Structural Caging Requirement for Class I, II and III Wildlife-The proposed draft rule would require footers or internal devices to reduce digging or burrowing in certain enclosures; add several species to the list of Class I and Class II wildlife that may not be possessed on residential property and include an exemption for Class II Saki monkeys.
         9. 68A-6.0021, Possession or Transfer of Class I Wildlife as Personal Use Wildlife; Transfer of Wildlife and Record Keeping Requirements-The proposed draft rule would provide a "grandfather" clause for any Class II wildlife possessed for personal use that is reclassified as Class I; require all Class I wildlife possessed for personal use to be permanently identified; and increase the length of time to 3 years that records of sale/transfer are required to be maintained and what is required to be kept in those records.
   3. Issues
      1. Recommendation for appointment to the Acquisition and Restoration Council (ARC).
      2. Review and discussion of major proposed rule changes to wildlife and fisheries regulations for 2009-10.
      3. Review and discussion of recommendations and options for improving Florida's quota hunt system for public hunting on wildlife management areas.
5. Staff Reports
   1. Report on the Commission's climate change summit, "Florida's Wildlife: On the Frontline of Climate Change" held August 20-22, 2008 in Orlando.
   2. Update on the Gopher Tortoise Management Plan.
6. Commissioners' Areas of Emphasis
    
   Update on Black Bear Management
7. Public Comment on Items Not on the Agenda
8. Commissioner Exchange
9. Recess Wednesday's Portion of Meeting

   8:30 a.m., Thursday, September 18, 2008, Reconvene

10. Report on the Transfer of the Invasive Plant Section from the Department of Environmental Protection to the FWC
11. Items Requiring Action 
    1. Draft Rules
       1. Martin and Okeechobee County Boating Restricted Areas Rules
          
          68D-24.143 and 68D-24.011, Martin and Okeechobee County Boating Restricted Areas-The proposed draft rule changes would: (1) correct and update locations of boating safety speed zones along the Florida Atlantic Intracoastal Waterway and the Okeechobee Waterway within Martin County, based upon findings of the Martin County Vessel Traffic Study; (2) improve clarity and consistency of language and definitions; (3) remove obsolete locations of zones; and (4) respond to requests for revisions received from stakeholders and governmental entities.
          
       2. Federal Consistency Reef Fish Rules
           
          68B-14.0035, Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper - Proposed draft rule changes would bring state rules into consistency with federal rules per the Gulf of Mexico Fishery Management Council's Reef Fish Amendment 30A (greater amberjack and gray triggerfish).  Proposed draft rules would increase the minimum size limit for recreationally caught greater amberjack from 28 inches to 30 inches fork length and increase the minimum size limit for commercially and recreationally caught gray triggerfish from 12 inches to 14 inches fork length. 
    2. Issues
       1. Proposed Regulations from Fishery Management Councils
           
          Review and discussion of proposed regulations from the Gulf of Mexico Fishery Management Council and the South Atlantic Fishery Management Council addressing commercial and recreational harvest of several species of grouper in the Gulf and grouper, vermilion snapper and red snapper in the Atlantic. 
          
       2. Individual Fishing Quotas (IFQs)
           
          Review and discussion of specific applications of Individual Fishing Quotas (IFQs) for the commercial harvest of red snapper and grouper species in the Gulf of Mexico and tilefish in the Gulf and Atlantic.
    3. Federal Issues
       1. South Atlantic Fishery Management Council
           
          Review and discussion of scheduled actions of the Council regarding gag grouper and vermilion snapper harvest restrictions, potential interim actions to close the harvest of red snapper and implement harvest restrictions identified for gag, black and red grouper and vermilion snapper by January 2009.  Proposed "annual catch limits" and "accountability measures" also are under development for the 10 species of snapper or grouper identified by the Council as undergoing overfishing (a measure of excessive fishing pressure), and thus subject to the federal requirement for annual catch limits and accountability measures.    
           
       2. Gulf of Mexico Fishery Management Council
           
          Review and discussion of scheduled actions of the Council regarding interim rules to end overfishing (excessive fishing pressure) of gag grouper in accordance with federal benchmarks that establish overfishing levels.  Review and discussion of more permanent regulatory alternatives for gag and red grouper and the gulf aquaculture amendment. Update on harvest allocation issues, spiny lobster and shrimp management, and the recommendations of the Council's ad hoc Recreational Red Snapper Advisory Panel.
12. Staff Reports Regarding Agency Budget Items
    1. Budget Process Overview and Legislative Session Time Line
    2. Status of Trust Funds
13. Budget Items Requiring Action
    1. Potential Reductions for 2009 Legislative Session
       1. Staff Proposals
       2. Public Comment
       3. Commission Discussion and Action
    2.  New Budget Issues for 2009 Legislative Session
       1. Staff Proposals
       2. Public Comment
       3. Commission Discussion and Action
14. Public Comment on Items Not on the Agenda
15. Commissioner Exchange
16. Recess Thursday's Portion of the Meeting   
     
    NOTE:  DEPENDING ON THE TIME, THE CHAIRMAN MAY ELECT TO CONTINUE PORTIONS OF THIS AGENDA, INCLUDING AGENCY BUDGET ITEMS, TO THE FOLLOWING DAY - FRIDAY, SEPTEMBER 19.

    8:30 a.m., Friday, September 19, 2008, Reconvene

17. Items Requiring Action
    1. Legislative Proposals
       1. Staff proposals to submit for consideration during the 2009 Session of the Florida Legislature include:
          1. Reducing the timeframe, from three to two years, for spiny lobster trap certificates to be reverted when fees are not paid
          2. Repeal of shoreline exemption
          3. Increase the age requirement for the boating safety education course
          4. Increase the age requirement, from six to 13 years of age, for wearing a personal flotation device to be consistent with federal law
          5. Create a violation and penalty for boaters who damage seagrasses
          6. Modify and clarify how law enforcement handles evidence in wildlife and fishing cases
          7. Modify boating under the influence statutes to be consistent with driving under the influence
          8. Chapter 379 clean-up/glitch issues
          9. Bureau of Invasive Plant Management transfer clean-up/glitch issues
          10. Modify alligator trapping/farming agent license
          11. Status report on the initiative to modify vessel management statutes
          12. Designate new State bird
       2. Potential Issues for the 2010 Session of the Florida Legislature
           
          Adjusting permit fees
18. Public Comment on Items Not on the Agenda
19. Commissioner Exchange
20. Commission Administrative Matters
    
    The next regular Commission meeting will be held December 3-4, 2008, at the Doubletree Grand Key Resort in Key West, commencing at 8:30 am each day.
     
    
21. Adjournment

Visit our web site at MyFWC.com agenda materials

Consent Agenda - [September 17-19, 2008]

1. Report on anticipated late season migratory bird regulations for 2008-09.
2. Boating Safety Information
    
   68D-36.109, Boating Safety Information to be Displayed at Boat Rental Facilities - The proposed draft rule would establish standards for safety information to be displayed to the public by boat rental facilities as required by Section 327.54, Florida Statutes.
3. Florida Fish and Wildlife Commission Grants Program
   1. 68-1.003, Florida Fish and Wildlife Commission Grants Program-The proposed rule changes would: 1) incorporate into 68-1.003 the full language found in the Derelict Vessel Removal Grant Program rule 68D-16.029 to provide consistency for the location of rules relating to the Commission's grant programs; 2) incorporate by reference the forms used by the Nongame, Fish and Wildlife Research, and State Wildlife grants programs in compliance with Chapter 120, F.S.; and 3) incorporate by reference changes to the State Wildlife Grants Program guidelines.
   2. 68D-16.029, Derelict Vessel Removal Grant Program - The proposed rule would repeal 68D-16.029 in its entirety as the full rule language would be incorporated into the Commission's general grants' program rule 68-1.003 for consistency.