FWC Home Commission Meetings 2009 Meetings 2008 Meetings 2007 Meetings Pre-2007 Commissioners Meeting Protocol Other Activities

Commission Meeting Agenda

Time:	8:30 a.m.
Dates:	September 9-11, 2009
Place:	Mission Inn 10400 County Road 48 Howey-in-the-Hills, FL 34737 Phone: (352) 324-3101 Fax: (352) 324-2636 Website: http://www.missioninnresort.com/

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 Lake County Visitors Bureau at 800-972-3304 or visit their website at http://www.lakecountyfl.gov/visitors.

8:30 a.m., Wednesday, September 9

Meeting Opening
1. Call to Order
2. Invocation and Pledge of Allegiance to the Flag
3. Recognition
  1. Recognize local artist, Bill Bishop
  2. Recognize Karen Steidinger, recipient of 2008 Yasumoto Lifetime Achievement Award.
4. FWC staff and volunteers associated with the Ocala Conservation Youth Camp
Adoption of Agenda
1. Review and Approval of June 17-18, 2009, Commission Meeting Minutes
2. Approval of Consent Agenda (Attached)
3. Approval of Agenda
Executive Director's Report (Report 8/20/09) (Report Update 9/2/09)
Items Requiring Action
1. Draft Rule
  1. Permitting of Peregrine Falcons for Falconry (Peregrine Falconry Rule Presentation)
    1. 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 falcon 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 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.
  2. Allowing hunters to take Reptiles of Concern on Wildlife Management Areas in the South Region, update on Burmese python control efforts, and discussion of future regulatory options
    1. 68A-15.064, Specific Regulations for Wildlife Management Areas - The proposed draft 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. (Draft Rule 68A-15.064) (Python Presentation) (Python Presentation Update)
      
      RELATED ISSUE
    2. Review of current regulations regarding sale and possession of reptiles of concern and consideration of future regulatory options. (Reptiles of Concern) (Reptiles of Concern Presentation)
2. Issues
  1. Proposed Changes to Deer Management Zones and Seasons (Proposed Changes Presentation)
    1. Staff will update the Commission on the process to develop a proposed rule to adjust the boundaries of deer management zones and hunting season dates. This presentation will include a summary of the public input received to date.
  2. Conceptual review and discussion of major proposed rule changes for 2010-2011 (Background Report) (Proposed Rule Changes Presentation) (Rule Changes Not Recommended)
    1. Hunting and Fishing Regulations for Wildlife Management Areas
    2. Hunting and Fishing Regulations on Statewide Level
    3. Nuisance Wildlife Regulations
    4. Non-Native Wildlife Regulations
  3. Revisions to Florida's Listed Species Rules (Imperiled Rules Progress Update)
    1. Staff will present a detailed update on progress made on revising the rules which direct agency actions on listing, managing and permitting activities associated with listed species (endangered, threatened and species of special concern). Stakeholder coordination efforts and future direction will be discussed.
3. Land Acquisitions and Management (Florida Gas Transmission Company Proposed Natural Gas Easements presentation) (Land Acquisitions Background Report)
  1. Staff will present a review of the existing Linear Facilities Policy and a goal of developing updated Commission policy in compliance with current law and practice; and, present further consideration of the issuance of two 50-year natural gas transmission pipeline easements of 10.57 total acres and 10.91 total acres (permanent and temporary easement areas) respectively to be granted to the Florida Gas Transmission Company, LLC on Commission-owned land within the Joe Budd Wildlife Management Area and on a Commission-owned parcel in Okaloosa County.
Public Comment on Items Not on the Agenda
Commissioner Exchange
Recess Wednesday's Portion of Meeting

8:30 am, Thursday, September 10, Reconvene

Meeting Opening
1. Call to Order
Items Requiring Action
1. Gulf of Mexico Fishery Management Council (GMFMC) (Gulf Council Report Presentation)
  1. Review and discussion of bycatch of sea turtles in the reef fish longline fishery; sector allocation issues; a generic amendment addressing accountability measures and allowable catch limits; preliminary gag grouper and red grouper management measures; and the joint SAFMC and GMFMC spiny lobster fishery management plan. Staff will report on other GMFMC actions from its scheduled August 11-13, 2009, meeting in Orange Beach, Alabama.
2. South Atlantic Fishery Management Council (SAFMC) (South Atlantic Council Report Presentation)
  1. Review and discussion of pending actions to restrict the harvest of certain snapper and grouper species in the South Atlantic, including an update on the anticipated closure of red snapper to all fishing in the South Atlantic; the joint SAFMC and GMFMC spiny lobster fishery management plan; mackerel management; and developing issues for other species. Staff will report on other SAFMC actions scheduled for its September 14-18, 2009, meeting in Charleston, South Carolina.
3. Draft Rules - Federal Consistency Adoption
  1. Atlantic Vermilion Snapper Consistency - The purpose of the draft rule is to enable the Commission to approve state rules to achieve consistency with federal regulations in federal waters of the South Atlantic, which were effective July 29, 2009. If the Commission approves staff recommended draft rule language that state rules should be adopted consistent with the federal regulations, staff will file a notice of proposed rulemaking pursuant to 120.54(6) Florida Statues, which allows adoption of a rule identical to the federal regulation without further rulemaking or public hearings. The reef fish rule provisions to be considered for rulemaking are: (Atlantic Vermilion Snapper Consistency Presentation)
    1. 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 vermilion snapper bag limit from 10 fish to 5 fish in state waters of the Atlantic. The proposed rule would also prohibit the captain and crew of for-hire vessels from retaining vermilion snapper when fishing in the Atlantic Ocean.
    2. 68B-14.0040, Recreational Vermilion Snapper Season - The proposed rule would create a new rule section that would establish a vermilion snapper closure in state waters of the Atlantic Ocean from November 1 through March 31 each year.
4. Draft Rules
  1. Atlantic Grouper Consistency - The purpose of these draft rule amendments is 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: (Atlantic Grouper Consistency Presentation)
    1. 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 from 5 fish to 3 fish. The grouper aggregate bag includes: gag, black grouper, misty grouper, red grouper, scamp, tiger grouper, yellowedge grouper, yellowfin grouper, coney, grasby, red hind, speckled hind, warsaw, yellowmouth grouper, and rock hind. Snowy grouper and golden tilefish are also in the grouper aggregate with a maximum of 1 fish per person, for each species. The proposed rule would also prohibit the captain and crew of for-hire vessels from retaining any species in the aggregate grouper bag limit. In addition, the proposed rule would decrease the aggregate recreational bag limit for gag and black grouper in the Atlantic Ocean from 2 fish combined to 1 fish combined.
    2. 68B-14.0039, Recreational Grouper Season-The proposed rule would add a shallow water grouper (including gag, black grouper, red grouper, scamp, red hind, rock hind, coney, grasby, yellowfin grouper, yellowmouth grouper, and tiger grouper) closure of January 1 through April 30 each year in the state waters of Atlantic Ocean.
    3. 68B-14.0045, Commercial Harvest Requirements; Licenses, Season Closures, Bag and Trip Limits-The current rule will automatically enact a commercial closure in state waters of the Atlantic Ocean for shallow water grouper (including gag, black grouper, red grouper, scamp, red hind, rock hind, coney, grasby, yellowfin grouper, yellowmouth grouper, and tiger grouper) beginning January 1, 2010, lasting through April 30 each year unless otherwise amended. The current rule indicates that state waters will be closed to commercial harvest of any reef fish if the adjacent federal waters are closed. In addition, the current rule will continue to specify a March through April commercial closure for gag and black grouper unless otherwise amended.
  2. 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. (Atlantic Gear Consistency Presentation)
    1. 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 fishing for reef fish.
  3. 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 the sharks and rays Rule 68B-44 F.A.C. will 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. (Shark Consistency Presentation)
    1. 68B-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 for "harvest for commercial purposes" to become consistent with the definitions located elsewhere in Chapter 68B.
    2. 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.
    3. 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 such that it would prohibit the removal of heads at sea and would update and amend the language allowing the transit of legally harvested sharks from federal waters through state waters.
    4. 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.
    5. 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 closes the commercial shark fishery in state waters of the Atlantic Ocean, 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.
    6. 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.
    7. 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.
  4. Palm Beach County Boating Restricted Areas (Palm Beach County Boating Restricted Areas) (Palm Beach County Boating Restricted Areas Maps) (Palm Beach County Boating Restricted Areas Presentation)
    1. 68D-24.017, Palm Beach 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 within Palm Beach County, based upon findings of the Palm Beach County Vessel Traffic Study; (2) improve clarity and consistency of language and definitions; (3) repeal unnecessary existing zones; and (4) address requests for revisions from stakeholders and governmental entities.
5. Issues
  1. Review and discussion of identification issues between weakfish and sand seatrout in Northeast Florida and how it relates to the ASMFC's plan for weakfish. (Weakfish Review Presentation)
  2. Review and discussion of issues relating to Biscayne National Park's General Management Plan and Fishery Management Plan. An update on recently scheduled National Park Service workshops on marine reserves will be included. (Biscayne National Park Presentation)
  3. Update on the Anchoring Regulation Pilot Program established by the 2009 legislative passage of Chapter 2009-86, Laws of Florida (CS/CS/HB/1423). The new law directs the Commission, in consultation with the Florida Department of Environmental Protection, to establish a pilot program for exploring options in regulating the anchoring of non-live-aboard vessels outside the marked boundaries of public mooring fields. Staff will propose a process to solicit and rank projects for selection by the Commission. Staff will provide a list of projects for approval at a future Commission meeting. (Anchoring Regulation Pilot Presentation)
  4. Update on 2009/2010 rulemaking initiatives affecting waterway management required by the 2009 legislative passage of Chapter 2009-86, Laws of Florida (CS/CS/HB/1423). The proposed draft rule changes would: (1) adjust the Commission's existing Uniform Waterway Markers Rule (68D-23) to incorporate recent statutory changes to the approval process of certain waterway markers; (2) propose a new rule (68D-21) implementing the process for the Commission to approve local boating ordinances before they take effect; (3) repeal the Special Purpose Marker Buoy rule (68D-18. 004) and Restricted Areas Rule (68D-18.005) since they have been rendered obsolete due to statutory changes. (Rule Making Initiatives Presentation)
6. Final Rules
  1. Special Activity License (SAL) - Rule Chapter 68B-8, Marine Special Activity License Program - The following proposed rules pertain to SALs which allow harvest, possession, or release of marine organisms that otherwise would be in violation of one or more of the state's marine fisheries rules. Such activities include, but are not limited to, scientific research, education/exhibition, aquaculture, the use of non-conforming or innovative gear, and the release of marine organisms. The proposed rules provide guidelines for the evaluation of an activity that would require waiver of state marine fisheries rules and issuance of SALs. A draft rule was approved by the Commission in December 2008. Changes have been made in response to comments received and are noted in the text. (Special Activity License Presentation) (SAL Supporting Document)
    1. 68B-8.002, Definitions - The proposed rule would define or re-define terms that are used throughout the rule. The proposed definitions to be defined are: bred in captivity, captivity, catadromous, estuarine, and release. The definition of marine organism is re-defined to clarify what organisms are considered marine for purposes of this rule.
    2. 68B-8.003, General Conditions and Restrictions - The proposed rule would add a second window for submission of Education/Exhibit SAL applications involving prohibited marine species [adding April 1; currently only November 1]. The rule would add a requirement for an SAL in order to tag fish, while allowing an exception for tournaments to tag up to five fish for purposes of awarding prizes. The rule would allow for the continued possession of specimens obtained under an SAL that has expired. The previously advertised draft rule language regarding inclusion of aquaculture activities has been withdrawn from this proposal.
    3. 68B-8.006, Scientific Research Special Activity License - The proposed rule would add research activities associated with restoration and mitigation under a Research SAL.
    4. 68B-8.007, Education/Exhibition Special Activity License - The proposed rule would add consideration of the physical environment where specimens will be kept, taking into account maximum size and life span of the species.
    5. 68B-8.008, Florida Marine Science Educators Certification - The proposed rule would clarify that the certification is not limited to marine species.
    6. 68B-8.009, Prohibited Species Collection Criteria - The proposed rule would provide applicants with more concise criteria regarding how a request to collect prohibited species is evaluated.
    7. 68B-8.010, Stock Collection and Release Special Activity License - The proposed rule would update genetic standards for release activities including incorporation by reference of a genetic risk assessment flow chart, and would modify health certification requirements based on recommendations made by participants of a Marine Animal Health workshop held by the FWC in January 2008. Previously advertised draft rule language regarding inclusion of aquaculture activities will be proposed for withdrawal.
    8. 68B-8.011, Aquaculture Broodstock Collection Special Activity License - The proposed rule would clarify eligibility criteria for applicants.
    9. 68B-8.012, Snook Special Activity License - The proposed rule would allow a holder of this SAL to transfer brood stock or progeny to another SAL holder.
    10. 68B-8.013, Non-Conforming Gear Special Activity Licenses and Exemptions - The proposed rule would allow scientific researchers to apply for and receive this license in order to test experimental gears.
    11. 68B-8.014, Marine Chemical Special Activity License - The proposed rule would provide consistency with recent changes to the licensing requirements for the Marine Life fishery.
Public Comment on Items Not on the Agenda
Commissioner Exchange
Recess Thursday's Portion of the Meeting

8:30 am, Friday, September 11, Reconvene

Staff Reports
1. Budget Process Overview and Session Timeline (Background Report 8/24/09)
2. Status of Trust Funds (Background Report 9/3/09)
Budget Items Requiring Action
1. Potential Reductions for 2010 Session of the Florida Legislature include: (Reductions History)
  1. Staff Proposals (Potential Reductions for 2010)
  2. Public Comment
  3. Commission Discussion and Action
2. New Budget Issues for 2010 Session of the Florida Legislature include:
  1. Staff Proposals (New Budget Issues)
  2. Public Comment
  3. Commission Discussion and Action
Legislative Proposals
1. Legislative Proposals for 2010 Session (Legislative Proposals Summary) (Commercial Saltwater Fishing License Clarification) (Proposed State Bird)
  1. Staff Proposals (Legislative Affairs Report Presentation)
  2. Public Comment
  3. Commission Discussion and Action
2. Issues to Discuss with Stakeholders for 2011 Session
Public Comment on Items Not on the Agenda
Commission Exchange
Commission Administrative Matters

The next regular Commission meeting is scheduled December 9-10, 2009, Clewiston, commencing at 8:30 am each day
Adjournment

Consent Agenda - [Sept. 9-11, 2009]

Report on anticipated late season migratory bird regulations for 2009-2010. (Late Migratory Bird Season Report)
Consideration of the addition of four parcels bordering the Big Bend Wildlife Management Area, Box R Wildlife Management Area, and Florida Keys Wildlife and Environmental Area to the Florida Fish and Wildlife Conservation Commission's (FWC) Florida Forever acquisition list. (Additions to Florida Forever List) (Additions to Florida Forever List Maps) (Summary Analysis)
Florida Boating Improvement Grants Program - Draft Rule Approval (Summary of Changes) (Guidelines Changes)
1. 68-1.003, Florida Fish and Wildlife Conservation Commission Grants Program - The proposed draft rule would revise the Florida Boating Improvement Program guidelines to allow for more efficient distribution of funds and simplify reports. The proposed changes would: (1) require applicants to secure required permits prior to grant awards for construction projects; (2) simplify a Derelict Vessel Removal Grant Program form that applicants use to document eligible derelict vessels.
Wildlife and Environmental Areas - Final Rule Approval (Final Rule Approval)
1. 68A-17.005, Specific Regulations for Wildlife and Environmental Areas - The proposed rule change would revise area specific regulations on L. Kirk Edwards Wildlife and Environmental Area in the Northwest Region as follows: allow taking wildlife with dogs during the gray squirrel and migratory game bird seasons only and with bird dogs or retrievers only; allow motorized vehicles on named or numbered roads only; require vehicles to enter and exit at designated entrances; prohibit the use of center-fire rifles; and prohibit the use of swamp buggies, tracked vehicles and all-terrain vehicles. On that portion of the area west of Chaires Cross Road, allow statewide seasons for migratory game birds and gray squirrel; and prohibit the take of wild hog during the gray squirrel season. On that portion of the area east of Chaires Cross Road, establish three (3) three-day spring turkey hunts (quota of 3 permits per hunt, no exemptions); legal to take - gobblers or bearded turkeys only; and allow only one turkey per quota permit.

Top of page

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