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Home : Commission Meetings : Agenda February 2005

 

Meeting Agenda




Time: 8:30 a.m.
Dates: February 2-4, 2005
Place: Edgewater Beach Resort
11212 Front Beach Road
Panama City Beach, FL 32407
1-800-874-8686
www.edgewaterbeachresort.com


THIS MEETING IS OPEN TO THE PUBLIC

If any person decides to challenge any decision with respect to any matter considered at the above meeting, he will need a record of the proceedings. For this purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes testimony and evidence upon which the challenge is to be based.

All persons who so desire shall be given an opportunity to speak at a Commission workshop or meeting within the guidelines established by the Commission. 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 in order to ensure the public’s opportunity to be heard and the orderly conduct of the meeting.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting is asked to advise the agency at least five calendar days before the meeting by contacting Cindy Hoffman at (850)488-6411. If hearing or speech impaired, please contact the agency by calling (850)488-9542.

Agenda Items listed under the headings of “Issues,” “Staff Reports,” or “Administrative Matters” may be moved by the Chairman to different days of the meeting to accommodate scheduling problems. ***Attachments are in PDF format, and you will need Adobe Acrobat Reader 6 to see them. You can get Adobe Acrobat FREE by following this link. Viewers can convert the pdf document to html through Adobe..***

For information on lodging and restaurants within the area you may call the Panama City Beach Chamber of Commerce at (850)253-1159 or visit www.pcbeach.org or www.FLAUSA.com.

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8:30 a.m., Wednesday, February 2

1. Meeting Opening

A. Call to Order
B. Invocation and Pledge of Allegiance to the Flag
C. Special Presentations and Recognitions

(1) Recognition of 2004 FWC Chairman Rodney Barreto

(2) Introduction of local Fish and Wildlife Conservation Commission (FWC) employees.

2. Adoption of Agenda

A. Review and Approval of December 1-3, 2004 Commission Meeting Minutes
B. Approval of Consent Agenda (Attached)
C. Approval of Agenda

3. Executive Director’s Report

4. Items Requiring Action (Wildlife and Freshwater Fisheries)

A. Rules:

(1) 68A-4.0053, Importation and Possession of Carcasses From Deer, Elk and Other Wildlife Species in the Family of Cervidae--The proposed rule would ban the importation of deer or elk carcasses from areas known to be infected with Chronic Wasting Disease (CWD) and make it illegal to possess a CWD-infected carcass from any area.

(2) 68A-5.005, Quota Hunt Permits and Special-Opportunity Permits Application; Selection; Issuance--The proposed rule would limit the number of regular, special, and spring turkey quota hunt permits an individual may be issued during the third phase of the quota permit issuance process to no more than five permits per hunt. The proposed rule would also establish a new Family Hunt permit application and delete redundant rule language regarding permits for physically disabled persons. The proposed rule would make technical changes to allow application and issuance of quota hunt permits electronically via the FWC Total Licensing System.

(3) 68A-9.008, Permits for Physically Disabled--The proposed rule would make technical changes to move rules currently under rule 68A-5.005 regarding issuance of agency permits for physically disabled persons to this rule section so these rules will be grouped under one rule section. No substantive changes are proposed.

(4) 68A-12.002, General Methods of Taking Game; Prohibitions--The proposed rule would prohibit hunting on that portion of Lake Seminole (approximately 70 acres) adjacent to the Three Rivers State Park camping area for public safety purposes. Alligator trapping would continue to be allowed.

(5) 68A-12.010, Regulations Governing the Operation of Private Hunting Preserves--The proposed rule would allow two existing preserves currently engaged in mallard releases to continue limited mallard releases indefinitely at their existing locations and under certain conditions. This change would eliminate the phase-out period currently in the rule, which specifies that existing preserves must cease mallard releases by 2008.

(6) 68A-13.004, Open Season for Taking and Bag Limits for Non-Migratory Game and Issuance of Antlerless Deer Permits--The proposed rule would allow antlerless deer permits to be issued without a minimum acreage requirement on agricultural lands that have received depredating deer permits to control crop depredation within the previous 12 months. The proposed rule would open a 3-day spring turkey season in Holmes County with a season bag limit of one.

(7) 68A-14.001, Establishment Orders--The proposed rule would allow taking of wild hogs during any open hunting season (except turkey) with no bag or size limit on the following WMAs: Green Swamp, Green Swamp West, Upper Hillsborough, Lake Panasoffkee and Twelve Mile Swamp WMAs.

(8) 68A-15.004, General Regulations Relating to Wildlife Management
Areas--The proposed rule would allow the lead managing agency or landowner of a WMA to issue access related permits for vehicles, vessels, camping, horses or other activities not related to the taking of fish and wildlife during non-hunting periods.

(9) 68A-17.004, General Regulations Relating to Wildlife and Environmental Areas--The proposed rule would allow the lead managing agency or landowner of a WEA to issue access related permits for vehicles, vessels, camping, horses or other activities not related to the taking of fish and wildlife during non-hunting periods.

(10) 68A-15.061, Specific Regulations for Wildlife Management Areas- Southwest Region--Proposed rules would revise or establish specific area regulations on Southwest Region WMAs as follows:

(a) Green Swamp WMA--Allow the water management district to regulate the possession of dogs during nonhunting periods on district property; prohibit horses on the area; and allow camping equipment to remain on the area during the period between the small game and spring turkey hunts.

(b) Green Swamp West WMA--Allow the water management district to regulate the possession of dogs during non-hunting periods on district property; shift special-opportunity archery season from November 6-9 and 25-28 to November 5-8 and 17-20; shift special-opportunity general gun season from December 10-13, 21-24, and January 6-9 to December 15-18, January 9-12 and 19-22; shift special-opportunity hog-still season from February 11-13 to February 3-5;shift special-opportunity hog-dog season from February 23-25 to February 15-18; and shift small game season from January 14-16 and January 28-30 to February 24-26 and March 3-5.

(c) Upper Hillsborough WMA--Allow the water management district to regulate the possession of dogs during non-hunting periods on district property.

(d) KICCO WMA--Require a permit from the water management district for camping during periods closed to hunting; allow only tents for camping at designated hunt campsites; and prohibit vehicle access at night (from 1.5 hours after sunset until 1.5 hours before sunrise).

(e) Hickory Hammock WMA--Require a permit from the water management district for camping; require hunters to check all game taken; and change special-opportunity hog hunts to general gun hog hunts.

(f) Lake Marion Creek WMA--Prohibit vehicular access except by persons in possession of a valid quota hunt permit.

(g) Avon Park Air Force Range WMA--Change minimum antler requirements for legal antlered deer from five inches to at least three points on one side at the request of the landowner.

(h) Croom WMA--Allow horseback riding throughout the year only on named and numbered roads or on designated horse trails.

(11) 68A-15.062, Specific Regulations for Wildlife Management Areas-North Central Region--Proposed rules would revise or establish specific
area regulations on North Central Region WMAs as follows:

(a) Camp Blanding WMA--The proposed rule provides authority for the Camp Blanding Base Commander to set spring turkey hunt dates and locations in consideration of military training activities, provided at least two 5-day hunts continue to be offered.

(b) Lochloosa WMA--The proposed rule would establish a new 56-day small game season (January 9 through March 5) and allow for nighttime hunting of raccoon and opossum during the general gun and small game seasons.

(c) Jennings Forest WMA--Prohibit unlicensed motorcycles; and prohibit public access at night (from 1.5 hours after sunset until 1.5 hours before sunrise) except at designated campsites.

(d) Flying Eagle WMA--Allow the water management district to regulate the possession of dogs during non-hunting periods on district property.

(e) Potts WMA--Allow the water management district to regulate the possession of dogs during non-hunting periods on district property.

(f) Big Bend WMA-Spring Creek Unit--Prohibit dogs other than bird dogs or retrievers and no longer allow the use of dogs for deer hunting; allow nighttime hunting of raccoon during small game season only; and establish a new 3-day muzzleloading gun season (October 28-30) with a hunter quota of 150 (no exemptions) established under rule 68A-15.005

(12) 68A-15.063, Specific Regulations for Wildlife Management Areas- Northwest Region--Proposed rules would revise or establish specific
area regulations on Northwest Region WMAs as follows:

(a) Eglin Air Force Base WMA--Change minimum antler requirements for legal antlered deer from five inches to three points on a side on portions of the area; allow fishing and frogging in areas and at times specified by the Installation Commander; authorize entry and exit in areas and at times as specified by the Installation Commander; allow only catch and release fishing on Weekly Pond, Upper Memorial Lake, Hurlburt Lake and Jack Lake; establish a daily bag limit of ten panfish (eight inches or greater in length); establish a daily bag limit of one black bass (24 inches or greater in length) on Duck and Indigo ponds; and prohibit the use of outboard motors.

(b) Choctawhatchee WMA--Establish a 3-day spring turkey season in that portion of the area north of the pipeline right-of-way located north of Cedar Log Landing (Walton County) and Billy Lee Landing (Washington County) with a bag limit of one turkey per quota hunt permit and a hunter quota of ten (no exemptions) established under rule 68A-15.005.

(c) Econfina Creek WMA—Allow horses on designated trails only.

(d) Tate’s Hell WMA--Allow all terrain vehicles only by permit from Division of Forestry.

(e) Apalachee--No longer allow the hunting of deer with dogs in zone C (813 acres).

(f) Escambia River WMA--Allow raccoon and opossum hunting with dogs at night (one half hour after sunset to one-half hour before sunrise) and no longer allow the use of dogs for deer hunting.

(g) Blackwater WMA, Field Trial Area--Establish two new 4-day quail hunts (February 6-9 and 20-23) with a daily bag limit of 12 per group and a hunter quota of three groups (per hunt) with two hunters per group (no exemptions) established under rule 68A-15.005; prohibit taking quail after 3:00 p.m.; expand the bird dog training season by 17 days (November 14-30); and expand the archery season by 13 days (November 1- 13).

(h) Blackwater WMA--Establish a general gun dog hunt season in the dog hunting area which would reduce the length of the deer dog hunting season from 58 to 30 days with a 13-day hunt during the first 13 days of the general gun season (November 24-27 and December 10-18) and a 17-day hunt during the last 17 days of the general gun season (January 16 through February 1); reduce the size of the dog hunt area by approximately 22,000 acres from approximately 68,000 to 46,000 acres; permit still hunting during the muzzleloading gun and the muzzleloading gun/archery seasons in the dog hunt area; establish a general gun still hunt season in the dog hunt area during the general gun season when hunting with dogs is not allowed; and reduce the size of the fox hunt area from approximately 68,000 to approximately 20,000 acres. The hunter quota for the dog hunting area would be reduced from 775 to 200 permits for each hunting period with no exemptions, and the hunter quota for still hunting seasons would be increased from 1,425 to 1,800 permits under rule 68A-15.005.

(13) 68A-15.064, Specific Regulations for Wildlife Management Areas-South Region--Proposed rules would revise or establish specific area regulations on South Region WMAs as follows:

Picayune Strand WMA--Prohibit public access at night (from 1.5 hours after sunset until 1.5 hours before sunrise) except for access to the camping area, and allow all terrain vehicles only by permit from Division of Forestry.

(14) 68A-17.005, Specific Regulations for Wildlife and Environmental Areas--Proposed rules would revise regulations for John C. and Marianna Jones/Hungryland WEA to require persons to enter and exit the area at designated entrances.

(15) 68A-15.065, Specific Regulations for Wildlife Management Areas- Northeast Region--Proposed rules would revise or establish specific area regulations on Northeast Region WMAs as follows:

(a) Richloam WMA-Baird Unit--Reduce the small game season by two days to eliminate the overlap between the small game season on the Baird Unit and the general gun season on the adjacent Richloam WMA.

(b) Half Moon WMA--Allow the water management district to regulate the possession of dogs during non-hunting periods on district property.

(c) Lake Panasoffkee WMA--Allow the water management district to regulate the possession of dogs during nonhunting periods on district property; shift the special-opportunity hog-still hunt from February 4-6 to January 13-15; shift the special-opportunity hog-dog hunt from February 16-18 to January 25-27; and shift the small game season from January 21-23 and 28-30 to February 3-5 and 10-12.

(d) Tiger Bay WMA--Increase the hunter quota for spring turkey hunts from 20 to 25 permits under rule 68A-15.005, Florida Administrative Code (F.A.C.) due to increased acreage (3,500 acre addition).

(e) Matanzas WMA--Establish the following new open seasons: (a) archery (16 days), September 24 through October 2 and October 3-9; (b) muzzleloading gun (3 days), October 28-30; (c) family hunt (2 days), November 12-13; (d) general gun (7 days), November 14-20; (e) small game (16 days), January 9-24; (f) spring turkey (9 days), March 18-21 and 22-26; and (g) fishing and frogging throughout the year.

The following hunter quotas would be established under rule 68A-15.005: archery, 30 (each hunt), no exemptions; muzzleloading gun, 30, no exemptions; family hunt, 20, no exemptions; general gun, 30, no exemptions; and spring turkey, 15 (each hunt), no exemptions.

The proposed rule would establish the following as legal to take: all legal game, fish, frogs and furbearers. The proposed rule would establish the bag limit for turkey during the spring turkey season at one gobbler (or bearded turkey) per quota hunt permit.

The proposed rule would: (a) prohibit camping; (b) prohibit hunting with dogs, except bird dogs and retrievers; (c) permit the operation of vehicles on named or numbered roads only; (d) prohibit airboats, tracked vehicles, unlicensed motorcycles, and all-terrain vehicles; (e) require persons to enter and exit through designated entrances; (f) allow vehicular access by persons in possession of a valid hunt permit, except during small game season a permit is not required; (g) allow for one or two youths (under 16 years of age but not under eight years of age) per hunt permit to hunt while under the supervision of an adult who is over 18 years of age, who may also hunt during the newly created family hunt.

(16) 68A-15.005, Quota Permits; Antlerless Deer Permits; Special-Opportunity Permits--The proposed rules would revise quotas as follows: Blackwater WMA--general gun dog hunt (quota decreased from 750 to 200, each hunt, first 13 days and last 17 days of the general gun season, no exemptions), general gun still hunt (quota increased from 1,425 to 1,800); Tiger Bay WMA-- spring turkey (quota increased from 20-25); Big Bend, Spring Creek Unit WMA (new hunt)--muzzleloading gun (150 by special hunt application, no exemptions); Blackwater WMA (new hunts)--quail (three groups of up to two persons for each of two hunts by regular hunt application, no exemptions); Choctawhatchee WMA (new hunt)--spring turkey (10 by special hunt application, no exemptions); and Matanzas WMA (new hunts)--archery (30 by special hunt application, each hunt, no exemptions), muzzleloading gun (30 by special hunt application, no exemptions), family hunt (20 by family hunt application, no exemptions), general gun (30 by regular hunt application, no exemptions), and spring turkey (15 by spring turkey hunt application, each hunt, no exemptions).

(17) 68A- 23.005, Bag Limits, Length Limits, Open Season: Freshwater
Fish—The proposed rule would eliminate the 12-inch minimum length limit on black crappie on Lake Monroe.

(18) 68A-23.009, Sale and Transportation of Freshwater Fish--The proposed rule change requires that the aquaculture certificate of registration number be included in the bill of lading for freshwater game fish shipped as aquaculture products and adds a provision from a rule being repealed that specifies registered aquaculturists may culture and sell game fish, except members of the genus Micropterus (black bass), as food. These are proposed technical changes to consolidate and simplify Commission rules and reduce duplication of regulatory roles between FWC and Department of Agriculture and Consumer Services.

(19) 68A-23.0091, Regulations Governing Establishment and Operation of Game Fish Aquaculture Facilities--The proposed rule repeals rules relating to game fish aquaculture facilities to reduce duplication of regulatory roles between FWC and Department of Agriculture and Consumer Services.

(20) 68A-23.0092, Regulations Governing Game Fish Aquaculture Processing Facilities--The proposed rule repeals rules relating to game fish aquaculture facilities to reduce duplication of regulatory roles between FWC and Department of Agriculture and Consumer Services.

(21) 68A-2.015, Commission Grants Program—The proposed rule would establish specific guidelines for the Fish and Wildlife Research Institute (FWRI) Grant Program and the State Wildlife Grants Program. These detailed guidelines will provide guidance that will assist applicants applying for FWC Grants from these two programs.  State Wildlife Grants Summary. GRANT PROGRAM GUIDELINES FOR THE FISH AND WILDLIFE RESEARCH INSTITUTE UNDER RULE 68A-2.015

B. Issues

(1) Preliminary report on the deer-dog registration program

(2) Review and discussion of recommendations to increase penalties for repeated dog hunting violations.

(3) Review and discussion of allowing crossbows during archery and/or muzzleloading gun seasons.

5. Presentations by the Public

6. Commission Exchange


8:30 a.m., Thursday, February 3

7. Items Requiring action (Fish and Wildlife)

Issues:

(1) Review and discussion of a draft rule to revise the FWC imperiled species listing process. For more information about this issue, visit our Imperiled Species web page.

(2) Comprehensive Wildlife Conservation Strategy Update

8. Items Requiring Action (Marine Fisheries)

A. Rules:

(1) 68A-35.003, Pompano, African Pompano and Permit--The proposed rule would implement a two-fish vessel possession limit for permit and pompano larger than 20 inches. Public Hearing Rule Summary.

(2) Rules to Enable Statutory Repeal Process--The following rule changes are proposed as part of a Legislative Interim Project to repeal statutory language that regulates fish and wildlife and to replace such statutory language with Commission rules. The replacement rules have the same or substantially similar language as the statutes.

[Rules replacing shrimping statutes expected to be repealed]

(3) 68B-3.008--The proposed rule amendment deletes references to Sections 370.15 and 370.156, Florida Statutes (F.S.), in this rule governing fishing gear allowed in Volusia County.

(4) 68B-25.003--The proposed rule amendment deletes reference to Section 370.15(5), F.S., in this rule specifying allowable shrimping gear in Tampa Bay.

(5) 68B-31.006--The proposed rule amendment deletes reference to Section 370.15(6), F.S., and eliminates obsolete provisions, in this rule defining the term “live bait shrimp producer” for use in Chapter 68B-31, F.A.C.

(6) 68B-31.008--The proposed rule amendment deletes reference to the live bait shrimp production license provisions of Section 370.15, F.S., that have already been repealed, and revises language to recognize the regional license issued for such purposes in Northeast Florida.

(7) 68B-31.009--The proposed rule amendment deletes an obsolete provision and clarifies language to recognize the regional license issued for food shrimp production in Northeast Florida.

(8) 68B-31.0136--The proposed new rule establishes an area closed to food shrimp production in Monroe County, which closure is currently mandated by Section 370.15(6), F.S.

(9) 68B-31.0157--The proposed new rule establishes a nine-month annual nighttime closure along Florida’s Atlantic Coast to shrimping by trawl, which closure is currently mandated by Section 370.15(2), F.S.

(10) 68B-31.018--The proposed new rule establishes an area closed to food shrimp production in Santa Rosa Sound in Escambia, Santa Rosa, and Okaloosa counties, which closure is currently mandated by Section 370.15(5), F.S.

(11) 68B-31.019--The proposed new rule establishes substantive requirements for issuance of a Tampa Bay food shrimp production license, which requirements are currently mandated by Section 370.1535, F.S.

(12) 68B-38.002--The proposed rule amendment deletes reference to a statewide live bait shrimping license in Section 370.15, F.S., which has already been repealed, and replaces that reference with a correct reference to Rule 68B-31.008, F.A.C.

(13) 68B-38.003--The proposed rule amendment deletes reference to a statewide live bait shrimping license in Section 370.15, F.S., which has already been repealed, and replaces that reference with a correct reference to Rule 68B-31.008, F.A.C.

[Rules replacing statutory provisions relating to trapping that are expected to be repealed]

(14) 68B-4.002--The proposed rule amendment provides a definition of the term “trap” for purposes of Title 68B, F.A.C.

(15) 68B-4.020--The proposed new rule prohibits the use of traps in Florida waters, except for specified blue crab, spiny lobster, stone crab, black sea bass, shrimp, pinfish, or lawful freshwater traps, to replace Section 370.1105, F.S.

(16) 68B-13.006--The proposed rule amendment provides for stone crab depredation permits, currently the subject of Section 370.13(3), F.S., and deletes language made obsolete by Chapter 68B-8, F.A.C.

(17) 68B-14.005--The proposed rule amendment provides specifications for black sea bass traps and allows their use north of 27 degrees Latitude North, as currently provided in Section 370.1105, F.S.

(18) 68B-31.007--The proposed rule amendment provides specifications for shrimp traps, as currently provided in Section 370.1105, F.S.

(19) 68B-38.001--The proposed rule amendment deletes reference to assorted trapping rules and Section 370.1105, F.S., and replaces those references with a single reference to new Rule 68B-4.020 regarding trapping.

(20) 68B-45.004--The proposed rule amendment provides for blue crab depredation permits, currently the subject of Section 370.13(3), F.S.

(21) 68B-55.001--The proposed rule amendment deletes reference to Section 370.1105, F.S., and replaces that reference with one to new Rule 68B-4.020 regarding trapping.

[Rules relating to miscellaneous harvest methods and gear, the subjects of Sections 370.08 and 370.11, F.S.]

(22) 68B-4.0083--The proposed new rule establishes regulations governing saltwater gears (including purse seines), food fish, explosives, drugs, and chemicals, which regulations are currently contained in Sections 370.08 and 370.11, F.S.

(23) 68B-4.012--The proposed rule amendment deletes reference to Section 370.08, F.S.

(24) 68B-4.013--The rule amendment deletes reference to Section 370.08(3), F.S., and replaces it with reference to new Rule 68B-4.0083.

[Rules relating to tarpon]

(25) 68B-32.003--The rule amendment provides substantive requirements for the tarpon tag program, which requirements are currently mandated by Section 372.5704, F.S., and deletes an obsolete reference to Section 370.062, F.S.

(26) 68B-32.004--The rule amendment establishes a tarpon bag and possession limit, which is currently imposed in Section 370.11(2), F.S.

(27) 68B-32.006--The proposed new rule provides substantive regulations prohibiting sale, restricting transport of tarpon, and allowing taxidermy, which regulations currently reside in Section 370.11(2), F.S.

[Rules relating to the Special Recreational Crawfish License]

(28) 68B-24.0035--The proposed new rule provides substantive requirements for the Special Recreational Crawfish License, which requirements are currently mandated by Section 370.063, F.S.

(29) 68B-24.004--The proposed rule amendment deletes reference to Section 370.063, F.S., and replaces it with reference to new Rule 68B-24.0035.
[Rules relating to bonefish]

(30) 68B-34.002--The proposed rule amendment provides a new definition of the term “harvest for commercial purposes” made necessary by the repeal of Section 370.1121, F.S., and the adoption of amendments to Rule 68B-34.003, F.A.C., and deletes an obsolete definition of the term “spearing.”

(31) 68B-34.003--The proposed rule amendment prohibits harvest of bonefish for commercial purposes and deletes an obsolete reference to “spearing” and replaces it with a requirement that bonefish be taken by hook and line gear only. This rule amendment replaces Section 370.1121, F.S.

[Rules relating to miscellaneous statutory repeals]

(32) 68-1.005--The proposed new rule reserves to the Fish and Wildlife Conservation Commission the power to regulate the taking or possession of marine life, with an exception stated for local governments prohibiting fishing from real property owned by that local government. This rule replaces Section 370.102, F.S.

(33) 68A-25.001--The proposed new rule prohibits feeding of wild alligators and crocodiles, which prohibitions are currently contained in Section 372.667, F.S.

(34) 68B-3.006--The proposed new rule provides regulations on the use of nets in St. Johns County, which regulations are currently contained in Section 370.0821, F.S.

(35) 68B-28.0035--The proposed rule amendment deletes an archaic reference to Section 370.17(3), F.S., and imposes a five-inch hook requirement for sponge harvest, which requirement is currently contained in Section 370.17(2), F.S.

(36) Net Issues

(a) Review and discussion of net gear specifications rule and history--(PowerPoint Slides Only) As a result of the questions raised during public workshops on proposed changes to the gear specifications rule (68B-4.0081), this item will provide a review and explanation of the net gear rule and its evolution before and after the Net Limitation Amendment to the Florida Constitution (Amendment), with an emphasis on litigation and the practical limitations created by the Amendment.

(b) 68B-4.0081, Statewide Net Gear Specifications; Soaking Requirements; Definitions; Cast Net Specifications—The proposed rule changes would codify, within Commission rules, portions of Section 370.093, F.S., a statute implementing the prohibitions of Article X, Section 16, of the Florida Constitution, and establish net measurement procedures and net construction specifications. Specifically, the proposed rule would: (1) incorporate provisions of F.S. 370.093 in rule which would define “net” or “netting” as all manner or combination of mesh or webbing or any solid or semi-solid fabric or other material used to comprise a device used to take marine life; (2) incorporate provisions of 370.093 which prohibit the use of gill or entangling nets; (3) incorporate provisions of 370.093 which identify types of netting material that are prohibited; (4) incorporate provisions of Article X, Section 16, Florida Constitution, which limited the size of nets in nearshore and inshore waters to 500 square feet; (5) incorporate and consolidate language which limits mesh size to a maximum of two-inch stretch; (6) exempt gear which is allowed by other rules outside nearshore and inshore waters; (7) substitute rule references to “seine” with “net” to clarify that the net specifications in the rule apply to all nets other than cast nets, dip nets, shrimp trawls, purse seines, jellyfish paired trawls, or calico scallop otter trawls; (8) specify that a net with a mesh size larger than two inches stretched mesh is considered an entangling net; (9) clarify that soak times do not apply to shrimp trawls, purse seines, jellyfish paired trawls, or calico scallop otter trawls; (10) establish measurement procedures for determining the mesh area of a rectangular-shaped net that is constructed consistently throughout; (11) clarify the prohibition regarding the connection of nets; (12) establish the maximum number of meshes allowed per foot of corkline in a rectangular-shaped net; (13) establish the method for measuring a rectangular-shaped net; and (14) establish that nets constructed with more meshes per foot of corkline than allowed are entangling nets.

B. Issues

(1) Review and discussion of black sea bass trap marking and endorsement concepts.

(2) Review and discussion of Apalachicola Bay oyster fishery

(3) Review and discussion of a draft rule to establish a blue crab effort management plan based on capping the number of licenses in the fishery. (Draft Rule 68-45)

(4) Review and discussion of methods to measure length of marine fish

(5) Federal Issues

(6) Review and discussion of proposed changes to the Uniform Waterways Markers in Florida rule (68D-23).

9. Presentations by the Public

10. Commission Exchange

8:30 a.m., Friday, February 4

11. Commission Planning Session--The Commission will discuss possible changes to the agenda planning process and areas of emphasis for Commission meetings in 2005.

12. Staff Reports (Public comment on Staff Reports will be heard under “Presentations by the Public.”)

A. Federal Budget Issues
B. Update on activities of the Wildlife Foundation of Florida

13. Presentations by the Public

14. Commission Exchange

15. Commission Administrative Matters

The next regular Commission meeting will be held April 14 and 15, 2005, at the Ramada Inn and Conference Center, 2900 North Monroe Street, Tallahassee, commencing at 8:30 a.m. each day.

16. Adjournment



Consent Agenda February 2005

Establishment Orders

(1) WMA 04-20, Tiger Bay WMA ― The proposed order reestablishes the Tiger Bay WMA in Volusia County adding approximately 3883 acres, including approximately 347 acres to the Tiger Bay Rima Ridge Unit.

(2) WMA 04-21, Matanzas WMA ― The proposed order establishes the Matanzas WMA in St. Johns County comprising approximately 4,688 acres.