This meeting is open to the public.
All interested individuals may speak at workshops or meetings of the Florida Fish and Wildlife Conservation Commission (FWC) 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. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 800-955-8771 (TDD) or 800-955-8770 (Voice). 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 includes testimony and evidence upon which the challenge is based. For information on lodging and restaurants within the area, you may call The City of Clewiston Visitor's Bureau at 863-983-1484 or visit their website at http://www.clewiston-fl.gov. 8:30 a.m., Wednesday, December 9 - Meeting Opening
- Call to Order
- Invocation and Pledge of Allegiance to the Flag
- Recognition
- Recognize FWC's Law Enforcement Officer Benjamin "Bret" Gill, North Central Region, recipient of the Shikar-Safari Club International Officer of the Year Award
- Recognize Tim Regan for his 35 years of service and retirement from FWC's Division of Habitat and Species Conservation
- Recognize John Rife, recipient of the Youth Hunting Program of Florida Landowner of the Year Award
- Introduce local artist, Steve Whitlock
- Introduction and recognition of members of the Kissimmee Okeechobee Everglades Big Cypress Coordination (KOEBCC) Team (Background Report 11/18/09)
- Adoption of Agenda
- Review and Approval of September 9-11, 2009, Commission Meeting Minutes (Background Report 11/18/09)
- Approval of Consent Agenda for Wednesday (Attached)
- Approval of Agenda
- Executive Director's Report
- Items Requiring Action
- Final Rules (Background Report 11/18/09) (Background Report 11/18/09)
- Permitting of Peregrine Falcons for Falconry
- 68A-9.005 (9) (f), Falconry - Staff will discuss the permitting of peregrine falcons for falconry. The rules and regulations for take of peregrine falcons are set by the USFWS who then delegate authority for permitting take of falcons to the states. The proposed draft rule would prohibit take of peregrine falcons except as authorized by permit from FWC and consistent with the rules and regulations adopted by the USFWS. It is anticipated that Florida will be allowed to issue permits for the take of 1-5 birds annually. The Commission process shall randomly select those who will receive the permits from the set of applications. Priority for receiving a permit shall be given to Florida residents. Only one application may be submitted per applicant.
- Draft Rules (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09)
- Changes to Deer Management Zones and Seasons-Staff will update the Commission on the process to develop new zones and seasons; provide a summary of public comments to date; and propose draft rules to adjust the boundaries of deer management zones and hunting season dates.
68A-12.007, Hunting Dogs; Molesting Game in Closed Season; Training; Field Trials; Prohibited for Certain Hunting-The proposed rule would allow free running dogs to be trained beginning 35 days prior to the first day of the antlered deer season and closing 19 days thereafter, except in Zone D when the period shall begin the last Saturday of October and continue for 19 days thereafter.
68A-13.004, Open Season for Taking and Bag Limits for Non-Migratory Game and Issuance of Antlerless Deer Permits-The proposed rule would adjust the boundaries of management zones and open season dates for deer to better coincide with the rut and hunter preference.
68A-15.006, Regulations Relating to Miscellaneous Areas-The proposed rule changes would revise or establish specific area regulations on miscellaneous areas as follows: - Kissimmee River Public Use Area - clarify the references to zonal seasons and antlerless deer season to align with the proposed changes to statewide deer management zones and seasons.
Kissimmee Chain of Lakes Area - adopt proposed Zone B non-migratory game seasons.
- Major Proposed Rule Changes for 2010-2011 (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/20/09)
- Hunting and Fishing Regulations for Statewide Application (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09)
- 68A-1.004, Definitions-Clarify that common moorhen are legal game, not gallinule (taxonomic change), clarify geese as legal game and add migratory birds, other than ducks and coots, to the list of legal game.
68A-4.004, Possession of Wildlife or Freshwater Fish or the Carcasses Thereof-The purpose of this draft rule change is to codify existing agency practice concerning certain deer carcasses. Currently, during the time of year when the take or possession of deer is prohibited, the possession of any deer carcass or portion of the carcass is also prohibited. The proposed change clarifies that this prohibition does not apply to a deer carcass or parts thereof from a deer (other than Key deer) that was killed by accidental collision with a vehicle. 68A-9.002, Permits to Take Wildlife or Freshwater Fish for Justifiable Purposes-The proposed rule would allow Commission volunteers to take wildlife or freshwater fish or their nests or eggs for justifiable purposes provided that the volunteer program and specific conditions for the take are approved by a Division Director. 68A-13.003, Hunting Regulations for Ducks, Geese, and Coots-The proposed rule change would replace "Florida gallinule" with "Common moorhen" to reflect a taxonomic change. 68A-13.004, Open Season for Taking and Bag Limits for Non-Migratory Game and Issuance of Antlerless Deer Permits-The proposed rule would adjust the fall turkey season dates to align with management zones; create a special 2-day "Youth Turkey Hunt" the weekend prior to the opening weekend of spring turkey season within each management zone with the following provisions: allow only youth hunters under 16 years of age who are supervised by an adult at least 18 years of age to harvest a turkey; allow adult supervisors with all required licenses and permits for turkey hunting to participate with the youth, but not be allowed to harvest any wildlife with a gun; allow adults who do not have required licenses and permits to supervise a youth, but not be allowed to participate in the hunt; retain the current daily bag limit for turkey as one gobbler or bearded turkey per day and any wild turkey harvested during the Youth Turkey Hunt would count towards the spring season limit of two. 68A-13.008, Hunting Regulations for Migratory Birds Other than Ducks and Coots-The proposed rule change would replace "gallinule" and "Florida gallinule" with "common moorhen" to reflect a taxonomic change. 68A-15.004, General Regulations Relating to Wildlife Management Areas-The proposed rule change clarifies that for a specific season only those species listed in each area-specific rule would be legal to hunt; and taking furbearers with traps or hunting furbearers at night must be explicitly allowed in the area-specific regulations. 68A-15.005, Permits, Antlerless Deer Permits; Special-Opportunity Permits-The proposed rule changes would modify the rule as follows: Clarify that a supervisor of a youth hunter, when the youth has a quota permit, may take wildlife without possessing a guest permit, but must share the bag with the youth. Additional proposed rule changes would provide non-substantive technical changes, such as grammatical corrections, language standardization, or clarification of an existing rule.
- Hunting and Fishing Regulations for Regional Application (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09)
- 68A-9.004, Permits for Hunting or Other Recreational Use on Wildlife Management Areas-The proposed rule change would adjust the number of Recreational User Permits (RUPs) for Twelve Mile Swamp WMA issued from 200 to 125.
68A-9.007, Special-use Permits; Short-term Use Permits; Fees; Special-Opportunity Hunting and Fishing-The proposed rule changes would remove the area specific references to special-opportunity hog hunt fees for Fort Drum WMA, Green Swamp WMA - West Unit and Lake Panasoffkee WMA, because these hunts have been or will be converted to no-cost wild hog quota hunts. The proposed rule changes would also revise the fee structure on Tosohatchee WMA and require a fee of $3 per person or $6 per vehicle for daily-use permits, except that persons entering the area on foot or bicycle shall pay $1 each. - 68A-15.061, Specific Regulations for Wildlife Management Areas - Southwest Region-The proposed rule changes would revise or establish specific area regulations on WMAs in the Southwest region as follows:
- Arbuckle WMA - allow small game hunting with bird dogs, retrievers and dogs with a shoulder height of 15 inches or less; and begin the muzzleloading gun season a week earlier.
Avon Park Air Force Range WMA - allow the use of rimfire rifles; allow waterfowl hunters to hunt in Morgan Hole Creek with or without dogs; open Smith and Old Bravo roads to vehicle traffic 24 hours per day; exempt persons within the passenger compartment of a vehicle from the requirement to wear fluorescent orange garments while in the hunt area; allow the Installation Commander or a designee to authorize certain activities on the area; and allow the Installation Commander to authorize the following within statewide regulation framework: hunts that do not have a 3-point antler restriction, hunts that allow the take of raccoon and opossum at night, hunting in Sandy Point Wildlife Refuge, use of handguns with barrels longer than 9 inches, use of centerfire rifles, use of all-terrain vehicles and airboats, use of vehicles off-road and use of vehicles on roads that are closed between 10 p.m. and 4:30 a.m. Chassahowitzka WMA - expand the migratory bird hunting season to match the statewide season except waterfowl and coot hunting will continue to be limited to Wednesdays, Saturdays and Sundays; and establish a raccoon and opossum season that allows hunting from 1.5 hours before sunset on Thursdays until 1.5 hours after sunrise on Sundays in February and May. Croom WMA - allow the Florida Division of Forestry to provide camping consistent with their regulations; and increase the quota for spring turkey hunts from 10 to 15 permits (no exemptions) for each of three hunts. Green Swamp WMA - expand the open hunting area from the Cumpressco Unit to the entire WMA during small game season; establish an 8-day wild hog-dog season (the first wild hog-dog hunt will overlap the last 2 weekends of small game season and hunting wild hog with dogs will be prohibited in the Cumpressco Unit (quota of 135, no exemptions) and the second wild hog-dog hunt will occur on the 2 weekends following small game season (quota of 160, no exemptions); each wild hog-dog quota permit will allow two hunters and a guest hunter, the use of three free-running dogs per quota permit, and only one gun may be used per quota permit; allow camping by permit at the Rock Ridge campground during the wild hog-dog season; allow vehicle access to the Rock Ridge campground after 4 p.m. on Friday until 1.5 hours after sunset on Sunday during the wild hog-dog season; and continue to prohibit the possession or consumption of intoxicating beverages. Green Swamp West Unit WMA - convert the current special-opportunity wild hog hunts to wild hog-still and wild hog-dog quota permit hunts; increase the quota for wild hog-still season from 200 to 225 (no exemptions) and increase the quota for wild hog-dog season from 100 to 150 (no exemptions); prohibit the use of horses during the small game season; during periods open for hunting allow only those persons participating in the hunt to operate a motor vehicle on the area; and issue an additional 40 permits (first-come, first-served at the check station) during small game season to allow the hunting of small game, but not wild hog. Hickory Hammock WMA - establish a 2-day general gun mobility-impaired season (quota of 5, no exemptions) with a bag limit of one antlered deer (one antler must have at least three points) and one antlerless deer per quota permit, but only the mobility-impaired hunter may harvest an antlerless deer; allow mobility-impaired hunters to operate all-terrain vehicles on the area during the hunt and from 8 a.m. until sunset 1 day prior to the hunt for scouting; and require all mobility-impaired hunt participants to attend a pre-hunt orientation meeting. Hilochee WMA - establish a raccoon and opossum season and allow hunting from 1.5 hours before sunset on Thursdays until 1.5 hours after sunrise on Sundays in September. Hilochee WMA, Osprey Unit - establish a 12-day small game season, during which small game and wild hog will be legal to take; prohibit the use of dogs for hunting wild hogs during the small game season; and allow raccoon and opossum hunting at night during the small game season. KICCO WMA - replace the current Public Small Game Hunting Area hog management hunts (12 days) with the addition of 14 days to the end of the current small game season. Lake Marion Creek WMA - Prohibit the hunting of bobcat and otter.
- 68A-15.062, Specific Regulations for Wildlife Management Areas - North Central Region-The proposed rule changes would revise or establish specific area regulations on WMAs in the North Central region as follows:
- Belmore WMA - expand waterfowl season to match the statewide dates and allow waterfowl retrievers during that time; and clarify that the bag limit for deer and turkey is one per quota permit.
Big Bend WMA, Hickory Mound Unit - remove size and bag limits for wild hog and allow wild hogs to be hunted during the small game season. Big Bend WMA, Jena Unit - remove size and bag limits for wild hog and allow wild hogs to be hunted during the small game season. Big Bend WMA, Snipe Island Unit - remove requirement to check in and out and to check all game taken, except during the muzzleloading gun season and the first 16 days of the archery, general gun and spring turkey seasons; require persons to enter and exit at designated entrances during the archery, muzzleloading gun, general gun and spring turkey seasons; allow wild hog to be hunted during the small game season; and clarify that the bag limit for deer and turkey is one per quota permit. Big Bend WMA, Spring Creek Unit - remove size and bag limits for wild hog and allow wild hogs to be hunted during the small game season. Big Bend WMA, Tide Swamp Unit - remove size and bag limits for wild hog and allow wild hogs to be hunted during the small game season; and remove the quota requirement for the muzzleloading gun and general gun seasons. Camp Blanding WMA - allow turkey to be hunted on the still hunt area during the last two days of each of the two general gun quota periods and the first two days of the non-quota period of the general gun still season; allow turkey to be hunted on the dog hunt area during the last three days of each general gun hunt; and remove quota requirement for the two archery hunts. Cary WMA - increase the number of archery, muzzleloading gun and general gun quota permits from 60 to 100; increase the number of family hunt quota permits from 40 to 65; increase the number of spring turkey quota permits from 10 to 20; reduce bag limit for deer during archery season from two deer per day (any combination of antlered and antlerless) to one antlered or one antlerless deer per quota permit; reduce bag limit for deer during family hunt from two deer per day (any combination of antlered and antlerless) to one antlered and one antlerless deer per quota permit; reduce bag limit for deer during muzzleloading gun and general gun seasons from two antlered deer per day to one antlered deer per quota permit; reduce bag limit for spring turkey season from one bearded turkey or gobbler per day to one bearded turkey or gobbler per quota permit; expand the waterfowl season to match the statewide dates and allow waterfowl retrievers during that time; and allow public access only from 1.5 hours before sunrise until 1.5 hours after sunset unless in possession of an access permit from the Division of Forestry. Citrus WMA - prohibit camping except as authorized by the Division of Forestry; and remove quota permit requirement for the second archery hunt. Cypress Creek WMA - allow public access only from 1.5 hours before sunrise until 1.5 hours after sunset unless in possession of a Special Use Authorization from the Suwannee River Water Management District. Devil's Hammock WMA - allow nighttime hunting of raccoons, with dogs, during the small game season by persons in possession of a Special Use Authorization from the Suwannee River Water Management District; and add a 4-week wild hog-still season (no quota) during which only wild hog will be legal to take. Flying Eagle WMA - allow hunting equipment to be taken onto the area beginning at 8 a.m. the day before each hunt and require it to be removed on the last day of each hunt; and during spring turkey season allow hunting equipment beginning 1.5 hours before sunrise the day preceding each hunt. Four Creeks WMA - clarify that the bag limit for deer and turkey is one per quota permit. Goethe WMA - require motorized vehicles to enter the area at designated entrances but allow people on foot to enter at any location. Grove Park WMA - add a 56-day small game season. Hatchet Creek - clarify that the bag limit for deer and turkey is one per quota permit. Holton Creek WMA - allow public access only from 1.5 hours before sunrise until 1.5 hours after sunset unless in possession of a Special Use Authorization from the Suwannee River Water Management District. Jennings Forest WMA - establish a quail enhancement area north of the North Fork Black Creek, east of County Road 217 and west of Yellow Water Creek (approximately 5,471 acres) and allow up to eight days of quail hunting, with no more than four quota permits per day (no exemptions, up to two hunters per quota permit) in January and February with a bag limit of six quail per quota permit; expand the waterfowl season to match the statewide season; allow waterfowl retrievers during the waterfowl season; change the number of general gun hunts from two 5-day and a 6-day hunt to four 4-day hunts (quota 60) and change the spring turkey hunts from a 4-day and 5-day hunt to three 3-day hunts (quota 30). Little River WMA - allow public access only from 1.5 hours before sunrise until 1.5 hours after sunset unless in possession of a Special Use Authorization from the Suwannee River Water Management District. Mallory Swamp WMA - eliminate requirement to check game; replace permits issued at the check station with quota permits issued through the Total Licensing System; allow nighttime raccoon hunting during the small game season by persons in possession of a Special Use Authorization from the Suwannee River Water Management District; lengthen the small game season by 14 days; add a 3-day hog-dog season during which only wild hog would be legal to take; and allow public access only from 1.5 hours before sunrise until 1.5 hours after sunset unless in possession of a Special Use Authorization from the Suwannee River Water Management District. Middle Aucilla WMA - allow public access only from 1.5 hours before sunrise until 1.5 hours after sunset unless in possession of a Special Use Authorization from the Suwannee River Water Management District. Potts WMA - allow the use of horses only during periods closed to hunting; allow hunting and camping equipment to be taken onto the area beginning 8 a.m. the day before each hunt and require it be removed on the last day of each hunt; during spring turkey season allow camping equipment beginning 1.5 hours before sunrise the day preceding each hunt; and require persons to enter and exit at designated entrances. Steinhatchee Springs WMA - allow public access only from 1.5 hours before sunrise until 1.5 hours after sunset unless in possession of a Special Use Authorization from the Suwannee River Water Management District; remove requirement to check game; replace the quota permits issued at the check station with quota permits issued through the Total Licensing System; establish a wild hog-dog season with two 3-day hunts (quota 50, no exemptions); allow only wild hog to be hunted during the wild hog-dog season, no more than three free-running dogs will be allowed per quota permit, each quota permit shall allow a hunting group of two persons and a guest (3 total) and only one gun may be used per hunting group; and lengthen general gun season by seven days. Thomas Creek WMA, Kings Road Unit - clarify that the bag limit for deer and turkey is one per quota permit. Troy Springs WMA - allow public access only from 1.5 hours before sunrise until 1.5 hours after sunset unless in possession of a Special Use Authorization from the Suwannee River Water Management District. Twin Rivers WMA - prohibit camping except as authorized by the Division of Forestry. Twin Rivers WMA, Blue Springs Unit - change the special-opportunity quail season to a quail season; establish the entire area as a quail enhancement area; allow up to eight days of quail hunting; and decrease the bag limit for quail from 12 per special-opportunity permit to six per quail quota permit.
- 68A-15.063, Specific Regulations for Wildlife Management Areas - Northwest Region-The proposed rule changes would revise or establish specific area regulations on WMAs in the Northwest region as follows:
- Apalachicola WMA - expand the migratory bird hunting seasons to match the statewide season; increase the number of days of quail hunting on the quail enhancement area to a maximum of eight days; decrease the bag limit for quail from 12 to six per quota permit; limit camping on Northwest Florida Water Management District lands to no more than 14 consecutive days and to tents, trailers or self-propelled camping vehicles only; and prohibit at campsites kitchen stoves, refrigerators and freezers, unless contained in mobile campers, as well as lumber, sheet metal or other building materials.
Apalachicola WMA, Bradwell Unit - establish a wild hog-dog season with five 3-day hunts (quota of three per hunt, no exemptions); allow only wild hog to be hunted during the wild hog seasons; allow up to two hunters and one guest, the use of no more than three free-running dogs and only one gun per quota permit during the wild hog-dog hunts; specify that wild hog-dog hunts will begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. (midnight) the last day of the hunt; prohibit hunting from sunrise to sunset during the wild hog-dog season; and allow wild hogs to be hunted during the wild hog-dog season by the aid of a light with a firearm, provided that the firearm is not loaded until immediately prior to shooting a bayed hog (hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited): and a wild hog-still season with five 3-day hunts (quota of six per hunt, no exemptions). Aucilla WMA - remove the quota permit requirement during the muzzleloading gun season; and allow public access only from 1.5 hours before sunrise until 1.5 hours after sunset in the still hunt area north of Goose Pasture Road. Blackwater WMA - expand the waterfowl season to match the statewide season; establish a quail enhancement area north of Bryant Bridge Road, east of Sandy Forest Road, east of County Road 191 between Sandy Forest Road and State Highway 4, south of State Highway 4 and west of Norman Riley Road (approximately 18,100 acres) and allow up to eight days of quail hunting, with no more than eight quota permits (for quail) per day (no exemptions, up to two hunters per quota permit), in January and February with a bag limit of six quail per quota permit; and allow bird-dog training in the quail enhancement area from November 1 through December 31. Box-R WMA - establish a wild hog-dog season with five 3-day hunts (quota of ten per hunt, no exemptions); allow only wild hog to be hunted during the wild hog-dog hunts; allow up to two hunters and one guest, the use of no more than three free-running dogs and only one gun per quota permit during the wild hog-dog hunts; specify that wild hog-dog hunts will begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. (midnight) the last day of the hunt; prohibit hunting from sunrise to sunset during the wild hog-dog season; and allow wild hogs to be hunted during the wild hog-dog season by the aid of a light with a firearm, provided that the firearm is not loaded until immediately prior to shooting a bayed hog (hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited). Choctawhatchee River WMA - limit camping to no more than 14 consecutive days; and prohibit the possession or consumption of intoxicating beverages in the Holmes Creek Unit.
Econfina Creek WMA - expand the migratory bird hunting season to match the statewide season, except in the mobility-impaired, Cat Creek and Fitzhugh Carter areas; remove those portions of the area lying in Jackson County and east of Ten-mile Creek from the dog hunt area and add them to the still hunt area; require a quota permit for the entire general gun season on the dog hunt area; allow raccoon and opossum to be taken with a gun at night with the aid of a light and dogs during the raccoon season; limit camping at designated campsites to no more than 14 consecutive days; and prohibit the use of bicycles on the Fitzhugh Carter area. Escambia River WMA - limit camping to no more than 14 consecutive days. Lafayette Creek WMA - expand the migratory bird hunting season to match the statewide season; and allow public access during daylight hours, except during quota hunts. Perdido River WMA - close Shelby Ditch Road to vehicle access from May through September. Pine Log WMA - expand the waterfowl season to match the statewide season. Tate's Hell WMA - establish a fox, raccoon, opossum and bobcat season open from May 1 through September 30 on that portion of the area bounded by Jet Engine Road, Five Points Road, Trout Creek Road, Buck Siding Road, Tucker Road and Gully Branch Road. Tate's Hell WMA, Womack Creek Unit - expand the waterfowl season to match the statewide season and prohibit hunting wildlife on or from the right-of-way of Jeff Sanders Road from Rock Landing Road south ½ mile to SFR 174. Upper Chipola River WMA - limit camping at designated campsites to no more than 14 consecutive days. Wakulla WMA - prohibit discharging firearms on or from the right-of-way of Chattin Road within ¼ mile of its intersection with McBride Slough Road. Yellow River WMA - limit camping to no more than 14 consecutive days; and allow raccoon and opossum to be taken with a gun at night with the aid of a light and dogs during the general gun and small game seasons, except in the Grassy Point and Burnt Grocery Creek areas.
- 68A-15.064, Specific Regulations for Wildlife Management Areas - South Region-The proposed rule changes would revise or establish specific area regulations on WMAs in the South region as follows:
- Allapattah Flats WMA - open trails to vehicular access one week prior to the start of each season until 6 p.m. one day after the close of each season, except for small game season; begin the general gun hunt on the Saturday following the family hunt; change the archery season from one 7-day and one 9-day hunt to four 4-day hunts (quota 50, no exemptions); bird dogs and retrievers may be used to hunt migratory game during the migratory bird seasons.
Dinner Island Ranch WMA - change the wild hog bag limit from one per quota permit to a daily bag of one, possession limit of two, no size limit and allow wild hog to be taken during February; move the family hunt from the second and third weekends in November to the first and second weekends in December; change the archery season from two consecutive hunts (7-day and 9-day) to four 4-day hunts (quota 45, no exemptions); change the general gun season from two consecutive hunts (4-day and 5-day) to three 3-day hunts (quota 45, no exemptions); change the spring turkey season from two consecutive hunts (4-day and 5-day) to three 3-day hunts (quota 20, no exemptions); allow migratory birds to be taken during statewide open seasons; allow bird dogs and retrievers to be used to hunt small game during migratory bird and small game seasons; allow year-round public vehicle access on trails which are currently only open for seasonal vehicle access by people participating in hunts. Everglades and Francis S. Taylor WMA - remove the annual bag limit and shoulder height restriction for wild hog; establish a possession limit of two for wild hog; add an additional week to the general gun-walk hunt in conservation Areas 3A North and 2; shorten the muzzleloading gun season in Conservation Area 3A North by one week; eliminate the second general gun-walk hunt; remove language that prohibits kitchen stoves, refrigerators and freezers unless contained in mobile campers or an existing permanent camp; prohibit the operation of airboats, during legal shooting hours, during archery, muzzleloading and general gun-walk seasons; and allow use of tracked vehicles by persons participating in alligator hunts. Holey Land WMA - remove the annual bag limit and shoulder height restriction for wild hog; establish a possession limit of two for wild hog; add an additional week to the general gun-walk season and shorten the muzzleloading gun season by one week; and allow the use of tracked vehicles by persons participating in alligator hunts. J.W. Corbett WMA - allow wild hog to be hunted for the entire general gun season; change the bag limit for wild hog from one per year to one per day, with annual limit of two per person; remove the shoulder height restriction for wild hog; remove the quota permit requirement for the first nine days of general gun season; restrict dog training during the dog training season to the area south and east of Stumper's Grade; allow vehicle access on the North, South, and Stumper's Grade and Trail 6 year-round; allow vehicle access on named and numbered trails during archery and spring turkey seasons only to those persons participating in the hunt; during the muzzleloading gun, general gun, and small game seasons allow only those persons participating in the hunt cross-country vehicle access; address options for allowing the possession and consumption of alcohol; and adjust the boundary for the buffer zone adjacent to the Pratt-Whitney complex. Okaloacoochee Slough WMA - expand waterfowl season to match statewide dates. Rotenberger WMA - remove the annual bag limit and shoulder height restriction for wild hog; establish a possession limit of two for wild hog; remove prohibition of kitchen stoves, refrigerators and freezers unless contained in mobile campers or an existing permanent camp; establish a possession limit of two for wild hog; add an additional week to the general gun-walk season and shorten the muzzleloading gun season by one week; and allow the use of tracked vehicles by persons participating in alligator hunts. Spirit-of-the-Wild WMA - change the wild hog bag limit from one per quota permit to a daily bag of one, possession of two, no size limit and allow wild hog to be taken the entire month of February; change the archery season from two consecutive hunts (7-day and 9-day) to four 4-day hunts (quota 20, no exemptions); change the general gun season from two consecutive hunts (4-day and 5-day) to three 3-day hunts (quota 20, no exemptions); change the spring turkey season from two consecutive hunts (4-day and 5-day) to three 3-day hunts (quota 10, no exemptions); allow migratory birds to be taken during statewide open seasons; and bird dogs and retrievers may be used to hunt small game during migratory bird and small game seasons.
- 68A-15.065, Specific Regulations for Wildlife Management Areas - Northeast Region-The proposed rule changes would revise or establish specific area regulations on WMAs in the Northeast region as follows:
- Buck Lake WMA - clarify that the deer bag limit is one antlered deer and one antlerless deer per quota permit.
Bull Creek WMA - allow small game to be hunted with bird dogs during all seasons except spring turkey; remove the quota permit requirement for the second and third general gun hunts. Caravelle Ranch WMA - reduce the quota for the special-opportunity dove hunts from 80 to 60; clarify that the bag limit during spring turkey season is one gobbler or bearded turkey per quota permit. Charles H. Bronson WMA (NEW) 9,242 acres - establish a new wildlife management area with the following open seasons: archery - one 7-day hunt and one 9-day hunt (quota of 30 per hunt, no exemptions); muzzleloading gun - one 3-day hunt (quota of 30; no exemptions); general gun - three 3-day hunts (quota of 30 per hunt; no exemptions); small game - one 9-day hunt and one 7-day hunt (no quota permit required); spring turkey - three 3-day hunts (quota of 15 per hunt; no exemptions); statewide waterfowl and snipe seasons (no quota permit required, except during archery, muzzleloading gun or general gun hunts); fishing and frogging - year round; legal to take - all legal game, fish, frogs and furbearers; the bag limit for deer shall be one per quota permit; during the spring turkey season, the bag limit shall be one gobbler or bearded turkey per quota permit; allow camping only as authorized by the Division of Forestry; prohibit hunting with dogs other than bird dogs or retrievers for hunting small game; allow vehicles to be operated on named and numbered roads only and to be parked within 25 feet of a named or numbered road; allow vehicle access only by persons participating in the hunts; prohibit airboats, tracked vehicles, all-terrain vehicles, swamp buggies and unlicensed and unregistered motorcycles; require persons to enter and exit at a designated entrance or from any point along the St. Johns River, except access along the river is prohibited during quota hunts and the small game season; vehicle access is allowed only during quota hunts and small game season; prohibit the use of centerfire rifles during spring turkey season and allow horses to be ridden only on designated equestrian trails. Etoniah Creek WMA - clarify that the bag limit during spring turkey season is one gobbler or bearded turkey per quota permit. Fort Drum WMA - convert the special-opportunity wild hog-still hunts to regular quota hunts. Half Moon WMA - increase the wild hog-still hunts from two 2-day hunts to three 3-day hunts (quota of 50 per hunt, no exemptions). Little Big Econlockhatchee WMA, Kilbee Unit - remove "Kilbee Unit" from the WMA name; extend the archery season from two 3-day hunts to one 7-day hunt and one 9-day hunt (increase the quota from 10 to 20 per hunt, no exemptions); increase the quota for muzzleloading gun season from 10 to 20 (no exemptions); extend the general gun season from one 3-day hunt to three 3-day hunts (increase the quota from 10 to 20 per hunt; no exemptions); remove the general gun hog season; increase small game season from three 2-day weekend hunts to 16 consecutive days (no quota permit required); allow the take of wild hog during small game season; add three 3-day spring turkey hunts (quota of 10, no exemptions); remove the requirement for hunters to check in and out at a check station upon entry and exit from the WMA; remove the requirement for hunters to record all game taken; require vehicles to be parked within 25 feet of a named or numbered road; remove the prohibition on dismemberment of deer, turkey and wild hog prior to being checked at a check station; prohibit the use of centerfire rifles for taking wild turkey during the spring turkey season. Lake Panasoffkee WMA - allow horses only during periods closed to hunting; allow camping and hunting equipment only during periods when scouting and hunting are allowed; prohibit the take of hog during small game season; increase the number of daily quota permits issued at the check station during small game season from 30 to 40 per day (no exemptions); increase the quota for the wild hog-still hunt from 30 to 50 (no exemptions); increase the quota for the wild hog-dog hunt from 30 to 35 (no exemptions). Marshall Swamp WMA (NEW) 5,361 acres - establish a new wildlife management area with the following open seasons: archery - four 7-day hunts and one 9-day hunt (quota of 10 per hunt, no exemptions); muzzleloading gun - one 3-day hunt (quota of 10, no exemptions); general gun - three 3-day hunts (quota of 10 per hunt, no exemptions); small game - 114 days (no quota permit required, except when overlapping with general gun season); spring turkey - three 3-day hunts (quota of 5 per hunt; no exemptions); statewide migratory bird seasons (no quota permit required, except during archery, muzzleloading gun or general gun quota periods); fishing and frogging - year round; legal to take - all legal game, fish, frogs and furbearers; the bag limit for deer shall be one per quota permit; during the spring turkey season, the bag limit shall be one gobbler or bearded turkey per quota permit; prohibit camping; prohibit hunting with dogs other than bird dogs or retrievers for the take of small game; prohibit the take of wild hog with dogs; allow vehicles in designated parking areas only; prohibit airboats, tracked vehicles, all-terrain vehicles, swamp buggies and unlicensed and unregistered motorcycles; require persons to enter and exit at a designated entrance; prohibit the take of wildlife with centerfire rifles and centerfire handguns; prohibit fires. Ocala WMA - remove the quota permit requirement for the general gun and muzzleloading gun hunts on the Hopkins Prairie and Lake Delancy Units; incorporate that portion of the Pipeline Unit north of the Fore Lake campground, west of CR 314 and north of US 40 into the Church Lake Unit (approximately 2700 acres), which will reduce the number of deer dog hunting days from 58 to nine in that area, and increase the quota for the general gun dog and general gun still hunts from 225 to 250 per hunt. Ocklawaha River WMA, Gores Landing Unit - clarify that the deer bag limit is one per quota permit; clarify that the bag limit during spring turkey season is one gobbler or bearded turkey per quota permit. Relay WMA - require all persons to enter and exit at a designated entrance. Richloam - clarify that camping is allowed only as authorized by the Division of Forestry. Richloam WMA, Baird Unit - clarify that the bag limit is one antlered and one antlerless deer per quota permit during the archery season and one antlered deer per quota permit during the muzzleloading gun and general gun seasons; and require a quota permit to hunt during the third archery hunt. Salt Lake WMA - change the small game season from one 16-day season in December (Saturday through Sunday) to six 3-day hunts (Friday through Sunday) during December, January and February; clarify that the deer bag limit is one per quota permit. Seminole Forest WMA, Lake Tracy Unit - add one 3-day archery hunt (quota 40, no exemptions); add three 3-day wild hog-still hunts (quota 40, no exemptions); increase the quotas for archery, muzzleloading gun and general gun seasons from 20 to 40 per hunt (no exemptions), and for spring turkey season from 10 to 20 per hunt (no exemptions); change the bag limit from two deer per day to two deer per quota permit; allow vehicles to be parked within 25 feet of a named or numbered road. Seminole Ranch WMA - increase the length of the muzzleloading gun hunts from 2 days to 3 days; clarify that the deer bag limit is one per quota permit. Three Lakes WMA - establish a quail enhancement area east of the Florida Turnpike and west of U.S. 441 (25,168 acres) and allow up to 8 days of quail hunting, with no more than 10 quota permits per day (no exemptions, up to two hunters per quota permit) in January and February, with a bag limit of 6 quail per quota permit; remove the quota requirement for the second and third general gun hunts and the general gun for mobility impaired hunt; allow raccoon hunting on that area between the Florida Turnpike and U.S. 441 only. Three Lakes WMA, Prairie Lakes Unit - expand the snipe and dove seasons to match the statewide seasons. Tiger Bay WMA, Rima Ridge Unit - allow vehicles only on named and numbered roads designated on the hunt map; clarify that the deer bag limit is one per quota permit. Tosohatchee WMA - allow turkey to be hunted during archery season; issue quota permits for the Monday through Thursday wild hog-dog hunts first-come, first-served at the check station. Twelve Mile Swamp WMA - require all persons to enter and exit at a designated entrance; reduce the number of recreational user permits issued from 200 to 125. Upper St. Johns River Marsh WMA - allow motorized vessels in areas posted as seasonal walk-in areas, but only from one day following the close of spring turkey season to one day prior to archery season.
- 68A-17.004, General Regulations Relating to Wildlife and Environmental Areas-The proposed rule change clarifies that during a specific season only those species listed in each area-specific rule are legal to take and taking furbearers with traps or hunting furbearers at night must be explicitly allowed in the area-specific regulations.
- 68A-17.005, Specific Regulations for Wildlife and Environmental Areas-The proposed rule changes would revise or establish specific area regulations on WEAs as follows:
- Southwest Region
- Bullfrog Creek Mitigation Park - require persons to enter and exit at designated entrances; and allow public access from 0.5 hours before sunrise until 0.5 hours after sunset.
Chinsegut WEA - clarify that public access is limited to foot traffic unless participating in Commission sponsored activities; allow public access from 0.5 hours before sunrise until 0.5 hours after sunset; prohibit the possession of any animal; and require persons to enter and exit at designated entrances. Crooked Lake Mitigation Park (NEW) 1,147 acres - prohibit the possession of any animal; limit public access to foot traffic; require persons to enter and exit at designated entrances; and allow public access from 0.5 hours before sunrise until 0.5 hours after sunset. Hickey Creek Mitigation Park - require persons to enter and exit at designated entrances. Janet Butterfield Brooks Mitigation Park (NEW) 319 acres - prohibit public access as required by the acquisition agreement. Lake Wales Ridge WEA - prohibit the possession of any animal, except dogs under physical restraint are allowed and horses are allowed by permit; limit public access to foot traffic, bicycle or horses; require persons to enter and exit at designated entrances; and allow public access from 0.5 hours before sunrise until 0.5 hours after sunset. Lake Wales Ridge WEA, Royce Unit - move the wild hog-still hunt dates from January to May and remove the quota permit requirement; prohibit the use of horses during periods open for hunting; and expand scouting opportunities by allowing vehicle access on named roads one day prior to all hunts except small game. Moody Branch Mitigation Park (NEW) 960 acres - prohibit the possession of any animal, except horses are allowed by permit; limit public access to foot traffic or horses; require persons to enter and exit at designated entrances; and allow public access from 0.5 hours before sunrise until 0.5 hours after sunset. Perry Oldenburg Mitigation Park - prohibit the possession of any animal; require persons to enter and exit at designated entrances; and allow public access from 0.5 hours before sunrise until 0.5 hours after sunset. Platt Branch Mitigation Park - require persons to enter and exit at designated entrances; and allow public access from 0.5 hours before sunrise until 0.5 hours after sunset.
- North Central Region
- Bell Ridge WEA (NEW) 720 acres - prohibit possession of any animal; allow access only on foot; and allow entrance and exit at designated entrances.
Fort White WEA - establish three 5-day archery hunts (quota 10, no exemptions); establish a 14-day small game season; establish two 5-day spring turkey hunts (quota 3, no exemptions); establish a falconry season with statewide dates; allow fishing and frogging only along the banks of the Santa Fe River; prohibit trapping; establish as legal to take all legal game, fish, frogs and furbearers; set the bag limit for deer during archery season at one antlered or one antlerless deer per quota permit; set the bag limit for turkey during spring turkey season at one gobbler or bearded turkey per quota permit; require persons enter and exit at designated entrances; allow access from 1.5 hours before sunrise until 1.5 after sunset; prohibit possession of any animal, except that dogs may be used for trailing wounded game, bird dogs may be used for hunting during the small game season and falcons may be used during the falconry season; prohibit access by motorized vehicles; remove rule that restricts access to foot traffic only; allow bicycles to be ridden on firebreaks, well defined roads and trails; allow access during the archery and spring turkey seasons only to persons eligible to hunt; and prohibit the use of centerfire rifles during the spring turkey season. Lafayette Forest WEA (NEW) 2,148 acres - establish three 5-day archery hunts (quota 15 per hunt, no exemptions); establish a 3-day muzzleloading gun season (quota 15 per hunt, no exemptions); establish two 2-day family hunts (quota 10 per hunt, no exemptions); establish two 5-day wild hog-still hunts (quota 20 per hunt, no exemptions); and establish two 3-day spring turkey hunts (quota 5 per hunt, no exemptions); establish a falconry season with statewide dates; establish as legal to take all legal game, fish and furbearers; allow fishing year round; prohibit trapping; set the bag limit for deer during the archery season at one antlered or one antlerless deer per quota permit; set the bag limit for deer during the family hunts at one antlered or one antlerless deer per person; set the bag limit for deer during the muzzleloading gun season at one antlered deer per quota permit; set the bag limit for turkeys during the spring turkey season at one gobbler or bearded turkey per quota permit; only allow wild hog to be hunted during the wild hog-still season; all persons shall enter and exit at designated entrances; public access will be allowed only from 1.5 hours before sunrise until 1.5 hours after sunset; prohibit possession of any live animal, except a dog on a leash may be used for trailing wounded game, dogs may be transported throughout the year on McCall Chapel Grade and falcons may be used for falconry; prohibit access by motorized vehicles except on Lafayette Loop and McCall Chapel Grade; allow Lafayette Loop to be driven on only by persons authorized to participate in the hunts and only on hunt days and the day prior to each hunt; during hunting periods access will be limited to persons participating in the hunt, except that McCall Chapel Grade would be open to public access year round; and prohibit the use of all-terrain vehicles and unlicensed and unregistered motorcycles. Santa Fe Swamp WEA - allow public access only from 1.5 hours before sunrise until 1.5 hours after sunset unless in possession of a Special Use Authorization from the Suwannee River Water Management District. Suwannee Ridge WEA - allow public access only from 1.5 hours before sunrise until 1.5 hours after sunset. Watermelon Pond WEA (NEW) 4,231 acres - establish a 9-day archery season (no quota); establish two 2-week small game hunts; establish a falconry season with statewide dates; establish as legal to take all legal game, fish and furbearers; prohibit trapping; allow fishing and frogging throughout the year; establish the bag limit for deer of one per person; require persons to enter and exit at designated entrances; prohibit access by motorized vehicles; allow bicycles to be ridden only on named or numbered roads or designated trails; prohibit the possession of any live animal except that horses may be ridden on roads and designated trails, dogs on a leash may be used to track wounded game; bird dogs and waterfowl retrievers may be used for hunting during the small game season and falcons may be used during the falconry season; and allow public access only from 1.5 hours before sunrise until 1.5 hours after sunset.
- Northwest Region
- Apalachicola River WEA - clarify that there is no crossbow season; establish a wild hog-dog season with five 3-day hunts (quota 5 per hunt, no exemptions) for that portion of the area west of Saul Creek Road, south of a line running east from Misfit Landing to the Apalachicola River and west of the Apalachicola River; allow up to two hunters and one guest, the use of no more than three free-running dogs and only one gun per quota permit during the wild hog-dog hunts; specify that wild hog-dog hunts will begin at 12:01 a.m. on the first day of the hunt and end at 11:59 p.m. (midnight) the last day of the hunt; prohibit hunting from sunrise to sunset during the wild hog-dog season; allow wild hogs to be hunted during the wild hog-dog season by the aid of a light with a firearm, provided that the firearm is not loaded until immediately prior to shooting a bayed hog (hunting of wild hog under this provision by display or use of a light from a moving vehicle, boat or animal is prohibited); and limit camping on Northwest Florida Water Management District lands to no more than 14 consecutive days.
- South Region
- John C. and Mariana Jones/Hungryland WEA - establish an 8-day spring turkey season with hunting allowed on Wednesdays, Saturdays and Sundays (no quota).
- John G. and Susan H. Dupuis, Jr. WEA - move the wild hog-still hunts that currently occur on weekdays to weekends (Friday through Sunday); and allow public access during the wild hog-still hunts.
- Northeast Region
- Split Oak Forest Mitigation Park - prohibit the possession of any animal, except horses are allowed by permit.
- 68A-20.005, Specific Fish Management Area Regulations-The proposed rule would eliminate the 18-inch or greater length limit for black bass on Hurricane Lake (Okaloosa County). The general statewide black bass length limit for this area would apply (12-inch or greater in total length).
- Nuisance Wildlife Regulations (Background Report 11/18/09)
68A-9.010, Taking Nuisance Wildlife-The proposed rule would clarify that bobcats may be taken under the authority of this rule only when the bobcat is causing or about to cause property damage, or when a bobcat is a threat to public safety; allow humane euthanasia as defined by the American Veterinary Medical Association; clarify that a chemical repellant may be used, but it is not an approved exclusion device for removal of bats from a structure; require live traps and snares to be inspected at least once every 24 hours; require live-captured nuisance wildlife to be released or euthanized within 24 hours of capture or trap inspection; and allow the transportation and release of nuisance wildlife at an off-site location if the following conditions are met: The nuisance wildlife must be a native species; the release site is within the same county of capture; the release site is a minimum of 40 contiguous acres; the person releasing the nuisance wildlife has written permission from the owner of the release site and the transportation of wildlife does not violate any rabies alert or area quarantine issued by a County Health Department or County Animal Service. - Non-Native Wildlife Regulations (Background Report 11/18/09)
68-5.001, Introduction of Non-native Species into the State-The proposed rule changes would update and clarify requirements for the issuance of permits for the importation and possession of conditional and prohibited species; codify eligibility requirements for issuance of such permits; establish criteria for denial of research permits for conditional and prohibited species; and, revise protocols for importation of leopard, African spurred and Bell's hingeback tortoises. 68-5.002, Conditional Non-native species-The proposed rule changes would allow any current species to be automatically included on the list of conditional species if it were to undergo any taxonomic alterations, such as the changing of the genera or splitting into subspecies; modify the regulation on possession of Nile perches to further restrict outdoor culture and fee-fishing for Nile perches only to current owners of facilities authorized to possess and culture fishes in the genus Lates; and, add the Northern largemouth bass (Micropterus salmoides salmoides) as a conditional species while allowing possession of a hybrid bass on the Suwannee River and its tributaries and to the north and west of same. This is being done to protect the genetic integrity of the Florida bass stock in the state. 68-5.003, Prohibited Non-native Species-The proposed rule changes would allow any current species to be automatically included on the list of conditional species if it were to undergo any taxonomic alterations, such as the changing of the genera or splitting into subspecies; and, add the Quagga mussel (Dreissena bugensis) as a prohibited species. Quagga mussels are closely related to the zebra mussel, which is already a prohibited species. Quagga mussels have been as problematic as zebra mussels in the Great Lakes, and the genus Dreissena is on the federal list of injurious wildlife. - Critical Wildlife Area Regulations (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09)
68A-14.001, Establishment Orders-The proposed changes would consolidate rules on establishment of Critical Wildlife Areas (CWAs). The changes clarify that CWAs will not be established without approval of the property owner. Changes also provide authority for the Executive Director to establish a Critical Wildlife Area for a restricted period of time that will not exceed 180 days - that action would occur only when there is an urgent need and only with prior concurrence of the chairman of the Commission. 68A-14.0011, Opening or Closing Areas Other Than Restricted Hunting Areas, Bird Sanctuaries or Critical Wildlife Areas; General-The proposed rule would clarify references to wildlife refuges and would improve consistency by adding language to address critical wildlife areas, which currently are the only areas established and managed by FWC not covered by this rule. 68A-19.005, Establishment and Protection of Critical Wildlife Areas-The proposed revisions will provide a new title of: "General Regulations Relating to Critical Wildlife Areas." Changes clarify language while retaining intent of the existing regulations for Critical Wildlife Areas (CWAs). Changes also allow for area-specific regulations that differ from those in this section to be stated in the establishment order for the CWA; require the CWA boundaries be posted as a "Critical Wildlife Area"; prohibit public access, including vehicles, boats, and dogs in areas posted as "Closed to Public Access"; prohibit dogs only in areas posted as "Dogs Prohibited"; and allow the Executive Director to issue permits for scientific or conservation purposes on CWAs where public access is prohibited.
- Revisions to Florida's Listed Species Rules-The proposed draft rules would amend 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).
(Background Report 11/18/09) (Background Report 11/18/09)- 68A-1.004, Definitions-The definitions for endangered species, threatened species and species of special concern will be revised and described in a new definition section
- 68A-27.0001, Purpose and Intent (NEW)-This new section has been added to clarify the intent of the Florida's listed species rules. This rule also calls for an annual work planning process to prioritize activities relating to listed species.
- 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.
- 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.
- 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 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 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 Federal Endangered Species Act. State designated listed species will be removed from the list when they meet criteria established in the rule.
- 68A-27.002, Provision for Harassment of Endangered, Threatened and Species of Special Concern on Airport Property (Repeal)-This rule will be repealed as it is redundant to 68A-9.010, Airport Safety Rule.
- 68A-27.0021, Designation of Candidate Species; Prohibitions-(This rule section title is renamed). Species will be designated Candidate Species at the time the Commission 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.
- 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 are 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.
- 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.
- 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.
- 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 Commission.
- 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 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 draft rule
- Manatee Zone Exemptions by Permit (Background Report 11/18/09) (Background Report 11/18/09)
- 68C-22.003-Review and discussion of the FWC Manatee Management Plan task that staff would consider changes to the exemption permits that can be issued to commercial fishers and professional fishing guides for higher speed boat operation in specified manatee protection zones.
- Sarasota County Manatee Zones (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/20/09)
- 68C-22.026-Review and discussion of staff recommendations for changes to the state manatee protection rule for Sarasota County.
- Land Acquisitions and Management (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/18/09)
- Consideration of the acquisition of a part of the Flint Rock Tract as an addition to the Aucilla Wildlife Management Area under the Florida Fish and Wildlife Conservation Commission's Florida Forever Additions and Inholdings Land Acquisition Program.
- Staff Reports (Background Report 11/18/09)
- Update on Big Cypress National Preserve Issues
- Public Comment on Items Not on the Agenda
- Commissioner Exchange
- Recess Wednesday's Portion of Meeting
8:30 am, Thursday, December 10, Reconvene - Meeting Opening
- Call to Order
- Approval of Consent Agenda for Thursday
- Items Requiring Action
- Election of Chairman and Vice Chair for 2010
- Issues
- Discussion of possible additional Reptiles of Concern (ROC) regulatory options and approval of next steps-Staff will update the Commission on current efforts to respond to ROC issues. An overview of the recently completed United States Geological Survey study and their findings will be provided, along with an update on current enforcement efforts, industry trends and future direction. A suite of options will be provided to Commissioners for consideration and approval. (Background Report 11/20/09)
- Permit-Staff will present a report on permit fisheries status and seek direction from the Commission. (Background Report 11/18/09)
- Review and discussion of stakeholder input including public workshop results regarding permit management options, which include extending state regulations into federal waters (including examination of size limits, bag limits, and gears), establishing a commercial trip limit, making permit a gamefish, and making permit catch and release only. The impacts of permit management options on pompano and African pompano regulations will also be discussed.
- Bonefish-Staff will present a report on bonefish and seek direction from the Commission. (Background Report 11/18/09)
- Review and discussion of bonefish management options, including covering all species of bonefish that occur in Florida waters, extending state regulations into federal waters (18-inch minimum size limit, prohibition of harvest for commercial purposes, 1-fish bag limit, and hook and line gear), requiring bonefish to be landed in whole condition, removing the bag limit exemption for taxidermy from the current rule, and making bonefish catch and release only. Stakeholder input including public workshop results will be discussed.
- Final Rules
- Atlantic Grouper Consistency-The purpose of the proposed rule amendments would be to enable the Commission to approve state rules to achieve consistency with federal regulations for shallow water groupers in federal waters in the South Atlantic, which were effective July 29, 2009. The reef fish rule provisions to be considered for rulemaking include: (Background Report 11/18/09) (Background Report 11/18/09)
- 68B-14.0036, Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjack, Tilefish, Exception, Wholesale/Retail Purchase Exemption—The proposed rule would decrease the aggregate recreational bag limit for all grouper in the Atlantic Ocean (including Monroe County) from 5 fish to 3 fish per person per day. The grouper aggregate bag includes: gag, black grouper, misty grouper, red grouper, scamp, tiger grouper, yellowedge grouper, yellowfin grouper, coney, graysby, red hind, speckled hind, warsaw, yellowmouth grouper, and rock hind. Snowy grouper and golden tilefish are also in the grouper aggregate with a current maximum of 1 fish per person, for each species. In addition, the proposed rule would decrease the aggregate recreational bag limit for gag and black grouper in the Atlantic Ocean (including Monroe County) from 2 fish combined to 1 fish combined. The proposed rule would also prohibit the captain and crew of for-hire vessels from retaining any species in the aggregate grouper bag limit (including Monroe County).
68B-14.0039, Recreational Grouper Season—The proposed rule would add a spawning season closure for shallow water grouper (including gag, black grouper, red grouper, scamp, red hind, rock hind, coney, graysby, yellowfin grouper, yellowmouth grouper, and tiger grouper) from January 1 through April 30 each year in state waters of the Atlantic Ocean (including Monroe County). 68B-14.0045, Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits—The proposed rule would expand the current March and April commercial closure to include January and February and include all shallow water grouper (including gag, black grouper, red grouper, scamp, red hind, rock hind, coney, graysby, yellowfin grouper, yellowmouth grouper, and tiger grouper) in the Atlantic Ocean (including Monroe County).
- Atlantic Reef Fish Gear Requirement Consistency-The purpose of the proposed rule amendments would be to consider regulating state waters consistent with federal regulations requiring dehooking tools for use in both the commercial and recreational sectors of the Atlantic Ocean reef fish fishery. (Background Report 11/18/09) (Background Report 11/18/09)
- 68B-14.005, Regulation and Prohibition of Certain Harvesting Gear: Allowable Gear, Incidental Bycatch, Violation-The proposed rule would require dehooking tools aboard commercial and recreational vessels in the Atlantic Ocean and to be used as needed when fishing for reef fish.
- Shark Consistency-In 2008, the Atlantic States Marine Fisheries Commission (ASMFC) completed their Interstate Fishery Management Plan (IFMP) for Atlantic Coastal Sharks. As a member state of the ASMFC Florida is required to adopt the specific management measures in the IFMP or adopt measures of similar conservation value. Certain sections of Rule 68B-44 F.A.C. would be amended to become compliant with the ASMFC IFMP. Additional changes are proposed to update references to federal code and to clarify and standardize rule language. (Background Report 11/18/09) (Background Report 11/18/09)
- 668B-44.002, Definitions-The proposed rule would modify the definition of finning to allow fins to be cut but not completely detached, it would add a definition of fork length, and it would remove the definition of spearing. Additionally, the proposed rule would remove the prohibited species from the list of allowable shark species. The proposed rule would modify the definition "harvest for commercial purposes" to become consistent with the definitions located elsewhere in Chapter 68B.
68B-44.003, Bag Limit Applicable to State Waters, Gear Restriction-The proposed rule would list hook and line gear as the only allowable gear for the harvest of shark and would prohibit snagging and the use of multiple hooks in conjunction with natural bait. Additionally, the proposed rule would remove the unnecessary language prohibiting spearing. 68B-44.004, Practice of Finning Prohibited; Removal of Fins from Sharks Harvested in State Waters Prohibited; Compliance with Federal Requirements; Filleting Prohibited-The proposed rule would amend the landing requirements for sharks to prohibit the removal of heads at sea and would update and amend language allowing the transit of legally harvested sharks from federal waters through state waters. 68B-44.005, Commercial Harvest of Sharks: Federal Permit Required-The proposed rule would add language requiring commercial shark harvesters to sell only to federally permitted shark wholesale dealers and add language requiring wholesale dealers to only purchase sharks from federally licensed harvesters. The proposed rule would also update the reference to the federal code regarding the commercial permits. 68B-44.006, Commercial Season; Season Closure; Prohibition of Sale-The proposed rule would change the current commercial shark season from July 1 through June 30 each year to January 1 through December 31. This would align the state season with the federal and ASMFC's seasons. The proposed rule would also add language stating that when the ASMFC declares a closure is needed for the commercial shark fishery in state waters of the Atlantic Ocean, then Florida state waters of the Atlantic would be closed. The proposed rule would also clarify language to reflect the closing of pelagic sharks in state waters when they are closed in adjacent federal waters. 68B-44.007, Size Limit-The proposed rule would create a new rule section that would require all sharks to be 54 inches or greater (fork length), except for Atlantic sharpnose, blacknose, blacktip, bonnethead, finetooth, and smooth dogfish. 68B-44.008, Prohibited Species; Prohibition of Harvest, Landing, and Sale-The proposed rule would prohibit the harvest of the silky shark, sandbar shark, and the Caribbean sharpnose shark. The proposed rule would also re-organize the section by alphabetizing and numbering the list of prohibited species to align the section with other sections of the rule and chapter.
- Shrimp Bycatch Reduction Devices and Turtle Excluder Devices-The proposed rules would update and modify the current rules as follows: (Background Report 11/18/09) (Background Report 11/18/09)
- 68B-31.004, Turtle Excluder Devices-The proposed rule would update the reference to the Federal Register and would remove outdated language regarding turtle excluder device designs.
68B-31.0045, Bycatch Reduction Devices-The proposed rule would adopt language that would automatically allow, in state waters, bycatch reduction device designs that the National Marine Fisheries Service has certified for use in the shrimp trawl fisheries in federal waters of the Gulf of Mexico and South Atlantic. The proposed rule would also restrict the use of the Florida fisheye to inshore and nearshore Florida waters where trawls are limited to 500 square feet and would remove the language allowing the extended funnel.
- Draft Rules
- Palm Beach County Boating Restricted Areas (Background Report 11/18/09) (Background Report 11/18/09) (Background Report 11/20/09) (Background Report 11/20/09)
- 68D-24.017, Palm Beach County Boating Restricted Areas- The proposed draft rule change would: correct and update locations of boating safety speed zones along the Florida Atlantic Intracoastal Waterway within Palm Beach County, based upon findings of the Palm Beach County Vessel Traffic Study; improve clarity and consistency of language and definitions; repeal unnecessary existing zones; and address requests for revisions from stakeholders and governmental entities.
68D-24.0175, Palm Beach County Boating Restricted Areas; Lake Worth Creek-The proposed draft rule changes would: correct and update locations of boating safety speed zones along the Florida Atlantic Intracoastal Waterway within Palm Beach County south of the proposed boating safety zone at the Donald Ross Bridge and north of the boating safety zone at the US 1 (SR 5) bridge (excluding regulated areas associated with bridges and public boat ramps covered under 68D-24.017); improve clarity and consistency of language and definitions; repeal unnecessary existing zones; and address requests for revisions from stakeholders and governmental entities.
- Spiny Lobster Commercial Dive Endorsement-The proposed draft rule would modify the Commission's spiny lobster rules as follows: (Background Report 11/18/09)
68B-24.0055, Commercial Requirements; Appeals-The proposed draft rule would extend the expiration date of the moratorium on new commercial dive permits from July 1, 2010 until July 1, 2015. - Lemon Shark-The proposed draft rule would modify the Commission's rules concerning sharks and rays as follows: (Background Report 11/18/09)
68B-44.008, Prohibited Species; Prohibition of Harvest, Landing, and Sale-The proposed draft rule would prohibit the harvest of lemon sharks in state waters.
- Gulf of Mexico (GMFMC) and South Atlantic (SAFMC) Fishery Management Council Updates
- Review and discussion of Gulf of Mexico Fishery Management Council actions to address the following: gag and red grouper management measures including the possible use of fish traps as allowable gear; changes to the joint SAFMC and GMFMC spiny lobster fishery management plan; (including proposed delegation of certain management aspects to the state of Florida, which could include quotas and allocations, size limits, bag limits, season, permit endorsements, closed areas, allowable catch limits, and accountability measures); withdrawal of the GMFMC Stone Crab Fishery Management Plan and delegation of management to the state of Florida; and, discussion of sector separation for recreational (i.e., splitting allocation into for-hire and private). Staff will report on other GMFMC actions from its scheduled October 19-23, 2009, meeting in Corpus Christi, Texas. (Background Report 11/18/09)
- Review and discussion of South Atlantic Fishery Management Council actions to address the following: annual catch limits and accountability measures for ten species of snapper and grouper, including possible closed areas to deepwater grouper fishing; potential regulations to end overfishing and rebuild stocks of red snapper, including the likely closure of all directed fishing; and changes to the joint SAFMC and GMFMC spiny lobster fishery management plan. Staff will report on other SAFMC actions scheduled for its December 7-11, 2009, meeting in Atlantic Beach, North Carolina. (Background Report 11/18/09)
- Staff Reports
- Report on Goliath Grouper-Provide an update on work performed to date and discuss the current status of Goliath Grouper population recovery and potential future activities. (Background Report 11/18/09)
- Marine Recreational Information Program-Present a report on the status of the development of the Marine Recreational Information Program for collecting information about recreational fisheries. (Background Report 11/18/09)
- Public Comment on Items Not on the Agenda
- Commissioner Exchange
- Commission Administrative Matters
- The next regular Commission meeting is scheduled February 17-18, 2010, Apalachicola, commencing at 8:30 am each day.
- Adjournment
Consent Agenda - [Wednesday, December 9, 2009] - Revise appointment date for new Executive Director
- Hunting Regulations for Ducks, Geese, and Coots (Background Report 11/18/09)
- 68A-13.003, Hunting Regulations for Ducks, Geese, and Coots-The proposed rule would change the daily bag limit for scaup from one during the first forty consecutive days and two during the last twenty consecutive days of the open season to two during entire open season and establish a daily bag limit of one for canvasbacks.
- Allowing hunters to take Reptiles of Concern on Wildlife Management Areas in the South Region (Background Report 11/18/09)
- 68A-15.064, Specific Regulations for Wildlife Management Areas-The proposed rule changes would allow hunters to take Reptiles of Concern pursuant to Rule 68A-6.007(1), F.A.C. and incidental to lawful hunting activities on selected Wildlife Management Areas in the South Region. All Reptiles of Concern taken shall be reported and shall not be transported alive from the area.
- Florida Wildlife and Boating Improvement Grants Program
- 68-1.003, Florida Fish and Wildlife Conservation Commission Grants Program-The proposed rule would:
- Draft Rule (Background Report 11/18/09)
- Incorporate by reference changes to the State Wildlife Grants Program guidelines. The guidelines are being changed to update the referenced web site addresses; clarify the application process, particularly the information to be submitted for the budget narrative and budget sheets; and refine the reporting and invoicing requirements. These changes reflect the Program's progress and development within the agency, along with the changes in agency policy.
- Final Rule (Background Report 11/18/09) (Background Report 11/18/09)
- Revise the Florida Boating Improvement Program guidelines to allow for more efficient distribution of funds and simplify reports. The proposed changes would: require applicants to secure required permits prior to grant awards for construction projects; and simplify a Derelict Vessel Removal Grant Program form that applicants use to document eligible derelict vessels.
- Division Work Plans for 2010-2011
- Habitat and Species Conservation (Background Report 11/18/09)
- Freshwater Fisheries Management (Background Report 11/18/09)
- Hunting and Game Management (Background Report 11/18/09)
Consent Agenda - [Thursday, December 10, 2009] - Division Work Plans for 2010-2011
- Law Enforcement (Background Report 11/18/09)
- Marine Fisheries Management (Background Report 11/18/09)
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