On Thursday, the Florida Fish and Wildlife Conservation Commission (FWC) approved staff recommendations for potential revisions to boating safety zones in Broward and Pinellas counties.

The first proposed change is that, in both counties, the descriptions of some zones would be changed to match the physical locations of regulatory markers, some of which have been in place since 1995.

“These are technical changes to rule language and will include updating rule maps,” said Capt. Richard Moore of the FWC’s Boating and Waterways Section. “The changes will also relieve the city and county governments from responsibility to maintain the markers for the state-adopted zones, as the FWC will take over maintenance.”

In Broward County, the five affected zones will remain as they have been physically marked since at least 2004. The rule language will be updated to match the current marker locations by extending:

• The southern boundary of the Hillsborough Boulevard Bridge zone by 200 feet.
• The northern boundary of the Hillsborough Inlet zone by 275 feet.
• The southern boundary of the Commercial Boulevard Bridge zone by 100 feet.
• The southern boundary of the Hallandale Beach Boulevard Marina zone by 525 feet.
• The southern boundary of the Hallandale Beach Boulevard Bridge zone by 100 feet.

In Pinellas County, two zones will remain as they have been physically marked since at least 1995, and the rule language will be updated to match the current marker locations by extending:

• The southern boundary of the Park Boulevard Bridge zone by 1,234 feet and the northern boundary of the zone by 550 feet.
• The southern boundary of the Indian Rocks Bridge zone by 1,372 feet and the northern boundary of the zone by 50 feet.

Other changes to Pinellas zones include:

• Revisions to markers and rule language to extend a channel-only zone to a shoreline-to-shoreline slow-speed, minimum-wake zone from Treasure Island to Corey Causeway.
• Changing a current zone to include the entire span of two Pinellas Bayway bridges.
• Expanding channel-only zones to include the entire spans of the Belleair Causeway Bridge and the Honeymoon Island Causeway Bridge.

“The current markers in those other locations are inconsistent with the rule language and are not clear to the public,” Moore said. “Our proposal revises the rule language to create safe boating conditions and areas that can be consistently marked, understood and enforced.”

A related, second change clarifies that shoreline-to-shoreline zones, unless stated otherwise in rule, do not include tributaries, creeks, canals, channels, boat basins, etc., because local governments are authorized by state law to regulate those areas.

“Also, changes in marine infrastructure around the Memorial Causeway Bridge required updates to maintain safe, clearly marked zones,” Moore said. “This required extending the southern boundary of the zone by 500 feet and widening the zone to include all spans of the bridge.”

The final proposed change is the removal of the countywide 30 mph speed restriction for the Intracoastal Waterway (ICW) channel in Pinellas County. This was a concern for FWC staff, law enforcement and the public, as it has been neither posted nor enforced since it was put in place in 2000.

“If the ICW speed zone were continued and enforced, we would have two speeds to deal with,” Moore said. “Regulating boat speed within the channel while allowing higher speed travel outside and adjacent to the channel is a potential safety concern.”

The need for all revisions in both counties originated from an FWC review of current state regulations, including boating safety zone boundaries and waterway marker locations.

FWC staff received public support for these proposed changes in both counties, both during public meetings and through electronically submitted commenting. Those providing public comment included other law enforcement personnel, members of the U.S. Coast Guard Auxiliary, marina owners and operators and owners of sail and power boats, both large and small.

The proposals amend Florida Administrative Code rules 68D-24.008 and 68D-24.010 and repeal rule 68D-24.006. Staff will return to the June Commission meeting to present them for final approval. For additional information, visit MyFWC.com/Boating or call 850-488-5600.

The Florida Fish and Wildlife Conservation Commission (FWC) approved revisions to its gopher tortoise permitting guidelines April 18 at its meeting near Tallahassee. The guidelines are based on stakeholder input and designed to be consistent with the updated Gopher Tortoise Management Plan approved in September 2012.

Updated permitting guidelines provide adequate financial planning for the long-term management of gopher tortoise recipient sites, stipulations for the capture of tortoises for relocation when using a backhoe, and criteria to define when to suspend, revoke or not renew an authorized gopher tortoise agent permit.

This action comes during the time of year when gopher tortoises begin their springtime maneuvers through Florida’s open canopy forests and sandy areas. Tortoises are on the move in search of fresh greenery to eat after emerging from winter dormancy in their deep burrows.

“Ever since the 2007 approval of the original Gopher Tortoise Management Plan, the FWC has worked closely with stakeholders to improve and revise both the gopher tortoise permitting guidelines and the management plan,” said Deborah Burr, the FWC’s gopher tortoise management plan coordinator. “Conservation of gopher tortoises and their burrows that shelter other species is our long-term goal, so they always will be part of Florida’s landscape.”

Gopher tortoises live in all of Florida’s 67 counties, preferring high, dry, sandy places such as longleaf pine forests, oak sandhills, pine flatwoods and coastal flatlands and dunes. Their burrows can be recognized by the half-moon shape of the entrance, which curves at the top.

The gopher tortoise is listed as a state threatened species, and it is against the law to harm gopher tortoises, their burrows or eggs. Generally, it is best to leave a gopher tortoise undisturbed, unless you need to move it off a highway. Then it should be placed immediately on the other side of the road and pointed in the same direction that it was traveling.

For more on gopher tortoises, go to MyFWC.com/GopherTortoise.

Officer Bryan Fugate is the Florida Fish and Wildlife Conservation Commission’s (FWC) 2013 Law Enforcement Officer of the Year. Fugate, who works in Monroe County in the agency’s South B Region, was recognized April 18 by Shikar-Safari Club International during the FWC’s Commission meeting at the Florida Public Safety Institute near Tallahassee.

Shikar-Safari is a conservation-based organization that presents awards annually to wildlife law enforcement officers in all states, provinces and territories in the United States and Canada. The annual award honors a state officer whose efforts show outstanding performance and achievement among sworn fish and wildlife law enforcement personnel.

Fugate stood out among the FWC’s 853 officers in the field and has proved to be an exemplary officer and an asset to the state’s citizens and natural resources. In 2012, his notable activities included work combating trap-robbing, a case involving the poaching of a loggerhead sea turtle found in the woods on Big Pine Key and proactive efforts to deter criminal activity at state park events and on the Keys’ Greenways and Trails.

“Officer Fugate made some great cases last year. He stood up for Florida’s natural resources as well as its law-abiding fishermen and boaters. However, his tactics and attitude are what really set him apart,” said Col. Jim Brown, director of the FWC’s Division of Law Enforcement in explaining why the FWC named him Officer of the Year.

Fugate has fostered strong working relationships with local, state and federal law enforcement partners and regularly participates in several joint-agency task forces, Brown noted.

To combat trap-robbing and other violations, Fugate has incorporated trail “cams” into his marine resource investigations.

“Through strategically placed cameras, he and fellow officers have been able to observe suspect vessels entering and leaving locations of criminal activity and photograph violators approaching and removing illegal fish traps,” Brown said.

Now, more officers are utilizing this surveillance method to increase their productivity.

“Officer Fugate’s skills and ingenuity, combined with his dedicated, positive attitude make him an excellent FWC officer,” Brown said.

One other important aspect of Fugate’s work is his willingness to reach out to the community, particularly youth.

“Officer Fugate teaches at the Boy Scout camp on Summerland Key and at the Florida Keys Community College School of Public Safety,” Brown said. “He also maintains positive contacts with local charter boat captains.”

Fugate’s passion for protecting Florida’s people and natural resources had early beginnings. He was raised in Desoto County, where his mother was an officer with the Arcadia Police Department and his father was Sheriff of Desoto County. He grew up hunting, fishing, riding horses and running cattle on the family ranch.

As a young man in the outdoors, he met many FWC officers and developed an admiration and respect for the work they do. After earning a business degree from Southwestern Oklahoma State University, he achieved his goal in May 2009 of becoming an FWC officer.

“We’re fortunate to have Officer Fugate on our team,” Brown said. “He not only provides exceptional service on a daily basis, but he sets an example for fellow officers as well.”

The Florida Fish and Wildlife Conservation Commission (FWC) has repealed two rules prohibiting spearing and using an artificial light while spearfishing or gigging in state waters off Collier County.

The Collier Board of County Commissioners sent a letter to the FWC in February requesting the change, which was prompted by the Jan. 13 hook-and-line capture of the first lionfish to be documented in state waters off the county. Lionfish are a nonnative invasive species that negatively impact Florida’s native fish and wildlife. Currently, the most effective method for lionfish control and removal is spearing and removal with hand-held nets. Lionfish are rarely caught by hook-and-line.

The repealed rules are just a few of the many Special Acts of Local Application that were put in place by the Florida Legislature, prior to creation of the FWC and one of its predecessors, the Marine Fisheries Commission.

The ban on spearing and using a light while spearfishing or gigging was put in place in the early 1950s, before the development of current statewide spearfishing regulations.

Once the FWC repeal process is complete, spearfishing can resume in state waters off Collier County, and current statewide regulations on the use of spears will apply.

The spearfishing prohibition is also included in Florida Statute, and staff will work with the Florida Legislature to remove this language during the 2014 session.

For more on the proposal presented to Commissioners at this meeting, visit MyFWC.com/Commission and select “Commission Meetings.”

The Florida Fish and Wildlife Conservation Commission (FWC), at its April 17 meeting near Tallahassee, moved forward unanimously with a proposal to make tarpon and bonefish catch-and-release-only fisheries.

The tarpon and bonefish catch-and-release-only proposal includes the following potential changes for management in state and federal waters off Florida:

• Eliminating all harvest of tarpon with the exception of the harvest or possession of a single tarpon when in pursuit of an IGFA record and in conjunction with a tarpon tag.
• Keeping the tarpon tag price at $50 per tag but limiting them to one tag per person, per year.
• Modifying the tarpon tag program, including reporting requirements and shifting the start and end date for when the tarpon tag is valid.
• Discontinuing the bonefish tournament exemption permit that allows tournament anglers to temporarily possess bonefish for transport to a tournament scale.

The proposal will be brought back before the Commission for a final public hearing at its June meeting in Lakeland.

In a separate discussion, the Commission also reviewed how gear is being used for the tarpon fishery in Boca Grande Pass. The Commission directed staff to re-examine the definition of snagging and redefine what gear can be used in the Pass. This issue will likely be brought before the Commission at the June meeting as a draft proposal.

More information is available at MyFWC.com/Commission.

The Florida Fish and Wildlife Conservation Commission (FWC) on April 17 at its meeting near Tallahassee discussed waiving the commercial and recreational bag limit and the recreational license requirement for divers harvesting lionfish using certain gear.

In August 2012, the FWC put a temporary rule in place that waived the recreational fishing license requirement when targeting lionfish with a hand-held net, pole spear, Hawaiian sling or any other spearing device designed and marketed exclusively for lionfish. This temporary rule change also removed any bag limits when recreationally or commercially harvesting lionfish. Prior to the change, recreational anglers could not catch more than 100 pounds of lionfish without being required to have a commercial license.

The temporary rule change expires Aug. 3.

The Commissioners will finalize the license waiver and the bag limit removal at their June meeting in Lakeland.

Lionfish are a nonnative, invasive species that negatively impact Florida’s native saltwater fish and wildlife. Currently, the most effective method of removing lionfish from Florida waters is by spearing or using a hand-held net. Removing the license requirements and bag limits will increase lionfish harvest opportunities.

For more on the pr­oposal presented to Commissioners, visit MyFWC.com/Commission and click on “Commission Meetings.”

The Florida Fish and Wildlife Conservation Commission (FWC) at its April 17 Commission meeting near Tallahassee discussed a draft proposal designed to make the state’s marine fisheries regulations easier to read, understand and enforce.

Current regulations contain inconsistencies from one species chapter to the next. For example, definitions and the location of specific rules vary from chapter-to-chapter. It is because of issues like these that the public asked the FWC to streamline current marine fisheries rules.

Cleaning up marine fisheries information in 68B of Florida Administrative Code will make it easier for anglers to understand and therefore enjoy Florida’s many saltwater fishing opportunities. It will do this by providing consistency among regulations and clarifying complex and confusing language.

The first part of the proposed cleanup and reorganization effort includes standardizing the format and rule language for 20 species chapters and relocating the regulations for swordfish, wahoo and sheepshead to new rule chapters of their own, separate from chapters dealing with other species. Neither of the changes will alter the meaning of these rules or how they are enforced.

The second part of the proposal includes the creation of a new “General” chapter, which will house definitions and regulations that can be applied to all marine fisheries.

Currently, there is no place for general definitions or rules that apply to all marine fisheries. Instead, individual chapters contain repetitive definitions or rule language, which can be cumbersome and confusing to the reader, especially when worded differently. These changes will reduce confusion and enhance compliance by ensuring there is consistency among wording and meaning, and by eliminating repetition.

All proposed regulations for the new chapter have been taken from existing species rules, and are therefore not new regulations. However, moving them to the new chapter will mean they apply to all marine fisheries, which could change how certain rules are currently enforced for certain species.

For example, a rule in place for red drum, reef fish and king mackerel, specifying vessel operators are responsible for any fishery violations that occur aboard a vessel, will be moved to the “General” chapter and applied to all saltwater fishing. This change will improve enforceability even if no one on the vessel is willing to claim responsibility.

Changes in definitions could also improve how the regulations are enforced. For example, the proposal would expand the definition of “Florida waters” to include any potential fishing site and the adjacent parking area. The definition of “harvest” would be expanded to include the unnecessary harming or destruction of marine organisms.

This rule-cleanup proposal, which will be brought before the Commission for final approval at its June meeting in Lakeland, is the first phase of an extensive rule-cleanup process being conducted by FWC staff, including members of the FWC’s Legal Office and divisions of Law Enforcement and Marine Fisheries Management.

The public is encouraged to offer input on this proposal by attending one of two public webinars April 22 or 24 from 6 to 8 p.m. EDT. Learn more by visiting MyFWC.com/Fishing and clicking on “Saltwater,” “Rulemaking” and “Upcoming Public Workshops.”

Future phases of the cleanup will include standardizing the remaining chapters in 68B; conducting a review of the FWC’s current local laws, which are specific to counties or regions, to determine which ones are still needed; and conducting a comprehensive review of Florida Statutes to determine which statutes need to be transferred to FWC rule or recommended for repeal.

Learn more about this proposal by clicking the “Commission Meetings” link MyFWC.com/Commission.

This season will start June 1 and end July 14. It is inconsistent with the current proposed federal season.

Federal fishery managers recently passed a rule that grants NOAA Fisheries the authority to shorten the federal recreational red snapper season off states that adopt inconsistent red snapper regulations. The current estimate of the recreational red snapper season is 21 days in federal waters off the Gulf coast of Florida.

While the federal limit for how many pounds of red snapper can be caught has increased, the season length has gotten shorter over the past few years because of more fishing effort and larger fish, according to federal fishery managers.

The Commission chose to go inconsistent based on reports that the upcoming federal stock assessment would likely show red snapper populations are doing better than previously thought and reports from anglers that the fishery is improving.

For more on the proposal that was given to the Commission, visit MyFWC.com/Commission.

At its meeting April 17 at the Florida Public Safety Institute, near Tallahassee, Florida Fish and Wildlife Conservation Commission (FWC) Chairman Kenneth Wright welcomed the FWC’s newest Commissioner, Adrien Bo Rivard of Panama City.

Rivard, appointed by Gov. Rick Scott, has been a partner with Harrison Rivard Duncan & Buzzett since 2002 and is the past-president of the Bay County Chamber of Commerce. He has a bachelor’s degree from the University of Florida and a law degree from Samford University. He succeeds Kathy Barco for a five-year term ending Aug. 1, 2017.

Wright also recognized Commissioner Ronald M. Bergeron of Fort Lauderdale and Commissioner Richard A. Corbett of Tampa for their March reappointments by Gov. Scott to the Commission for another five-year term each.

All three appointments are subject to confirmation by the Florida Senate.

The Wildlife Foundation of Florida honored longtime Florida Fish and Wildlife Conservation Commission (FWC) employee Gregory L. Holder with the 2012 Louise Ireland Humphrey Achievement Award.

Assistant Executive Director Holder was recognized April 17 at the FWC meeting northwest of Tallahassee for his almost-33 years of initiatives and leadership.

“Greg is a worthy candidate for this award because of his dedication to Florida’s fish and wildlife resources and his vision for their conservation on behalf of Florida’s citizens,” said FWC Executive Director Nick Wiley.

“When Greg retires later this year, the FWC will lose an important guiding light and conservation North Star. His leadership has helped to steer us for three decades and continues to do so even today, as we map out a new agency strategic plan and the future of FWC.”

After earning a bachelor’s degree in forestry management and a master’s in wildlife ecology, both from Mississippi State University, Holder began his career as a wildlife biologist in May 1980 with the Game and Fresh Water Fish Commission, which later became the Florida Fish and Wildlife Conservation Commission.

He made an important contribution that decade in Lakeland, when he stepped forward to coordinate the agency’s new Surface Water Improvement and Management Program.

“This was the first of many times that he led new initiatives,” said Diane Eggeman, who presented the award. She is director of the FWC’s Division of Hunting and Game Management.

“In this role, Greg demonstrated his ability to get staff members – even those he did not supervise – to work together collaboratively,” Eggeman said. “Then, by building credibility externally, Greg effectively influenced the state’s five water management districts, other governmental agencies and the general public, so that wildlife habitat values were included in lake-restoration projects.”

Holder’s leadership qualities were critical during the challenges and opportunities posed by the reorganization in 1999 when a constitutional amendment and the Florida Legislature expanded the Game and Fresh Water Fish Commission, and it became known as the Florida Fish and Wildlife Conservation Commission. As director of the FWC’s Southwest Region, he was often first to volunteer his 12-county area to try out new procedures or ways of doing business, keeping staff on course during the transition.

Two specific achievements showcase Holder’s effectiveness at leading teams. First, he was instrumental in leading the team that developed Florida’s first comprehensive gopher tortoise management plan, which was approved by the Commission in 2007. This high-profile management plan represented one of the new agency’s examples of collaborative governance. The gopher tortoise plan had ownership and support from an array of interests and stakeholders.

“The effort was so successful that external supporters generated additional funding for the agency to implement the work,” Eggeman noted.

His second achievement occurred through his influence and guidance as a key member of the FWC’s Imperiled Species Management System leadership team. It developed innovative ways of conserving Florida’s threatened species. The Commission passed this comprehensive management package in September 2010.

“Both of these efforts will stand for years as noteworthy and fresh conservation success stories,” Eggeman concluded.

The Wildlife Foundation of Florida created the Louise Ireland Humphrey Achievement Award in 1999 as an annual honor for an FWC employee whose dedication and service have made outstanding contributions to conservation of Florida’s fish and wildlife. The award is named for the first female commissioner of the Florida Game and Fresh Water Fish Commission, who served from 1984 to 1999, including two terms as Chairman.

Louise Ireland Humphrey was an avid outdoorswoman and a dedicated participant in conservation efforts throughout the southeastern United States. Humphrey died in March 2012 at her home in Leon County, but her legacy lives on through this award.