Meeting Agenda

FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
MEETING AGENDA

  Time: 8:30 a.m.
Dates: February 7-8, 2007
Place: Sandestin Resort
9300 Emerald Coast Parkway West
Destin, FL  32550
Phone: (850) 267-7791 or (850) 267-7789

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 the ADA Coordinator at (850) 488-6411. If the individual is 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.

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 7

1.  Meeting Opening

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

        (1) Recognition of Amos Morris for his 27 years of volunteer service to the Wildlife Alert Program.

        (2) Retirement recognition of Roy Williams for his 38 years of service to the agency.

        (3) Recognition of an agreement between the FWC and the National Wild Turkey Federation for wild turkey management in Florida.

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

2.  Adoption of Agenda

    A. Review and Approval of December 6-7, 2006 Commission Meeting Minutes
    B. Approval of Consent Agenda (Attached)
    C. Approval of Agenda

3. Executive Director’s Report (Executive Director's Report Update-1/30/07)

4.  Items Requiring Action

    A. Final Rules

        (1) Hunting, Vehicle and Wildlife Management Area (WMA) Rules (Background Report  1/08/07) (Background Report Update No.1 - 01/11/2007)

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            (a) 68A-4.0071, (New) Access Prohibited on Certain Areas – The proposed rule would allow areas managed by the Commission to be temporarily closed through closure order because of public safety concerns due to disasters, severe weather, severe weather forecasts and/or effects of weather on the area. Closures would be limited to 14 days or less, except as authorized by the Executive Director. (Background Report  1/08/07)

            (b) 68A-9.007, Special-use Permits; Short-term Use Permits; Fees; Special-Opportunity Hunting and Fishing – The proposed rule would provide the authority for the Commission to negotiate contracts through a competitive process for vendors to provide specific concession services on FWC-managed lands including, but not limited to, public shooting ranges, public campgrounds, and paddling trails. The contracts would include vendor fees that would be charged for these activities. (Background Report  1/08/07)

            (c) 68A-11.005, Use of Tracked Vehicles in the South Region – The proposed rule changes would reestablish and simplify rules for inspecting and registering tracked vehicles utilizing the Holey Land, Rotenberger, Everglades and Francis S. Taylor WMAs; modify the specifications for allowable tracked vehicles; require periodic re-inspection of tracked vehicles; require registration of tracked vehicles when transferring ownership; and establish a tracked vehicle registration decal system. (Background Report  1/08/07)

           (d) 68A-11.0051, Tracked Vehicles Used for Recreational Purposes in the South Region – The provisions of this rule would be moved to 68A-11.005 (above) and rule 68A-11.0051 would be repealed. (Background Report  1/08/07)

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            (e) 68A-15.005, Quota Permits, Antlerless Deer Permits, Special-Opportunity Permits – The proposed rule changes would adjust hunter quotas on WMAs and Wildlife and Environmental Areas (WEAs) and establish hunter quotas for new WMAs. (Background Report  1/08/07)

            (f) 68A-15.061, Specific Regulations for Wildlife Management Areas – Southwest Region – The proposed rule changes would adjust season dates to conform to calendar year changes and revises specific WMA regulations as follows: (Background Report  1/08/07)

            Babcock/Webb WMA: The proposed rule change would allow managers to employ adaptive harvest management strategies and annually adjust harvest pressure via Order of the Executive Director. This rule change would provide the flexibility to adjust hunter quotas (daily quail permits) on an annual basis using a target harvest rate of 30% of fall population estimates, and hunter success rates.

            (g) 68A-15.062, Specific Regulations for Wildlife Management Areas – North Central Region – The proposed rule changes would adjust season dates to conform to calendar year changes and revises specific WMA regulations as follows: (Background Report  1/08/07)

                (i) Osceola WMA – The proposed rule change would reconfigure the boundaries of the still and dog hunt areas, increase the size of the dog hunt area by approximately 17,000 acres and increase the number of dog hunt quota permits from 800 to 900. Dog hunters would be required to use designated roads to access the dog hunt area during the fox, deer-dog training and general gun seasons; and would continue to be allowed to possess dogs at the East Tower campground, during the general gun season.

                (ii) Twin Rivers WMA – The proposed rule change would prohibit the taking of hogs with dogs.

                (iii) Twin Rivers WMA, Blue Springs Unit – The proposed rule change would provide up to 14 days of bird dog training during November and December; establish a special-opportunity quail hunt on up to five Saturdays in January and February with the following hunter quotas: two (2) permits per day, two (2) persons per permit, and a bag limit of 12 quail per permit by special-opportunity quail hunt application. Proposed rules would maintain sustainable quail hunting opportunities by annually adjusting harvest pressure via Order of the Executive Director. The number of days open to hunting would be established so that not more than 15% of the fall quail population would be taken. In addition, proposed rules would eliminate the restriction of bird dog training hours; allow bird dog training permits to be issued from the Regional Office; require persons participating in bird dog training or special-opportunity quail hunts to enter at a designated entrance; prohibit motorized vehicles except by persons in possession of a valid bird dog training or special-opportunity quail hunt permit and allow shotguns only during the special-opportunity quail hunts.

                (iv) San Pedro Bay WMA – The proposed rule change is a technical correction that would eliminate reference to the still hunt area, which has been removed from the WMA at the request of the landowner.

                (v) Lower Econfina River WMA – The proposed rule would establish regulations for the new WMA with the following open seasons: 16-day archery, three-day muzzleloading gun, 42-day small game, nine-day spring turkey, and fishing and frogging throughout the year. It would establish as legal to take all legal game, hogs, fish, frogs and furbearers, no size or bag limit on hogs; quota permits would not be required for any season; fires would be prohibited; motorized vehicles could be operated only on named or numbered roads; east of the Lower Econfina River motorized vehicles would be allowed only during periods open to hunting; ATVs and motorcycles would be prohibited; hunting with bird dogs and dogs with a shoulder height of less than 15 inches would be allowed and hunting hogs with dogs would be prohibited. (Background Report  1/08/07)

            (h) 68A-15.063, Specific Regulations for Wildlife Management Areas – Northwest Region – The proposed rule changes would adjust season dates to conform to calendar year changes and revises specific WMA regulations as follows: (Background Report  1/08/07)

                (i) Econfina Creek WMA – The proposed rule change would allow hunting on Econfina Road.

                (ii) Escambia River WMA – The proposed rule change would extend the general gun season from 26 to 58 days by converting the archery/muzzleloading gun season to a general gun season. Note that deer dog hunting is currently allowed only during the 26-day general gun season. This change would allow deer dog hunting opportunities for a full 58-day general gun season.

                (iii) Wakulla WMA – The proposed rule change would realign existing archery/muzzleloading gun hunts to occur every other weekend instead of consecutive weekends; and provide for the small game season to begin the day after the end of the archery/muzzleloading gun season and run for 28 consecutive days.

                (iv) Perdido River WMA – The proposed rule would establish regulations for the new WMA with the following open seasons: 30-day archery; three-day muzzleloading gun; four-day and three-day family hunt; seven-day and nine-day general gun; 11-day archery and muzzleloading gun; 30-day small game; nine-day and 14-day spring turkey; migratory game birds during statewide seasons; fishing and frogging throughout the year. It would establish as legal to take all legal game, hogs, fish, frogs and furbearers with no size or bag limit on hogs, and establish the following hunter quotas: archery – 40 by archery/muzzle¬loading gun quota application, no exemptions; muzzleloading gun – 40 by archery/muzzleloading gun quota application, no exemptions; family hunt – 20 by family hunt quota application for each hunt, no exemptions; general gun – 40 by general gun quota application for each hunt, no exemptions; archery and muzzleloading gun – 40 by archery/muzzleloading gun application, no exemptions; spring turkey – 15 by spring turkey application for each hunt, no exemptions. It would allow camping at designated sites or by permit from the Northwest Florida Water Management District; allow vehicles to be operated only on named or numbered roads; prohibit ATVs; allow hunting with bird dogs and retrievers; allow horses on designated horse trails only; and prohibit the possession or consumption of intoxicating beverages. (Background Report  1/08/07)

                (v) Tate’s Hell WMA – The proposed rule change would allow the use of off-highway vehicles, including ATVs, by permit from the Florida Division of Forestry.

                (vi) Tyndall AFB WMA – The proposed rule change would prohibit the taking of any antlered deer with less than three-points on a side; and prohibit the use of handguns, or rimfire or centerfire rifles for taking wildlife.

            (i) 68A-15.064, Specific Regulations for Wildlife Management Areas – South Region – The proposed rule changes would adjust season dates to conform to calendar year changes and revises specific WMA regulations as follows: (Background Report  1/08/07)

                (i) Holey Land WMA – The proposed rule change would allow for the transfer of general gun-vehicle permits and deer tags by FWC law enforcement supervisors or their designees in the case of a disabled track vehicle.

                (ii) Everglades and Francis S. Taylor WMA – The proposed rule change would allow for the transfer of general gun-vehicle permits and deer tags by FWC law enforcement supervisors or their designees in the case of a disabled track vehicle or airboat.

                (iii) Rotenberger WMA – The proposed rule change would allow for the transfer of general gun-vehicle permits and deer tags by FWC law enforcement supervisors or their designees in the case of a disabled track vehicle.

                (iv) Picayune Strand WMA – The proposed rule change would expand the migratory bird hunting season to match the statewide migratory bird seasons.

                (v) Allapattah Flats WMA – The proposed rule would establish regulations for the new WMA with the following open seasons: seven-day and nine-day archery; three-day muzzleloading gun; four-day family hunt; five-day general gun; 58-day small game; four-day and five-day spring turkey; and fishing – throughout the year. It would establish as legal to take all legal game, hogs, fish, and furbearers (except bobcat and otter) with no size or bag limit on hogs, allow turkey to be taken during spring turkey season only, and establish a bag limit of one per quota permit for deer and wild turkey. It would establish the following hunter quotas: archery – 50 by archery/muzzleloading gun quota application for each hunt, no exemptions; muzzleloading gun – 50 by archery/muzzleloading gun quota application, no exemptions; family hunt – 25 by family hunt quota applica¬tion, no exemptions; general gun – 50 by general gun quota application, no exemptions; spring turkey – 20 by spring turkey quota application for each hunt, no exemptions. It would allow tent camping and fires only at designated sites; allow vehicles to be operated only on named or numbered roads; allow vehicles to be operated on numbered trails during archery, muzzleloading gun, family hunt, general gun, and spring turkey seasons and only by persons possessing a valid quota permit; prohibit tracked vehicles, swamp buggies, airboats, motorcycles, and all-terrain vehicles; require all hunters to check in and out when entering and exiting the area at a designated entrance and to check all game taken; prohibit the dismemberment of deer until checked at a check station; prohibit the take of wildlife with dogs, except with bird dogs or retrievers during the small game season; allow horses only on named equestrian trails and designated equestrian areas and allow only shotguns during small game season. (Background Report  1/08/07)

            (j) 68A-15.065, Specific Regulations for Wildlife Management Areas – Northeast Region – The proposed rule changes would adjust season dates to conform to calendar year changes and revises specific WMA regulations as follows: (Background Report  1/08/07)

                (i) Tosohatchee and Seminole Ranch WMAs – The proposed rule would switch the second seven-day general gun hog hunt on Tosohatchee WMA (last week of January) with the seven-day general gun hog hunt on Seminole Ranch WMA (second week of February), with no change in the number of days open to hunting.

                (ii) Matanzas WMA – The proposed rule would establish a nine-day general gun hog season with a quota of 50.

            (k) 68A-17.005, Specific Regulations for Wildlife and Environmental Areas (WEAs) – The proposed rule changes would adjust season dates on WEAs to conform to calendar year date changes. (Background Report  1/08/07)

        (2) Captive Wildlife Rules (Background Report  1/08/07)

            (a) 68A-1.004, Definitions – The proposed rule would establish definitions for the terms “captive wildlife,” “critical incident,” “disaster,” “relative,” “reptiles of concern,” “venomous reptile,” and redefine the term “person.” (Background Report  1/08/07)

            (b) 68A-6.004, Standard Caging Requirements for Captive Wildlife – The proposed rule would add additional caging requirements for arboreal species of snakes, blood pythons and large constrictors.

            (c) 68A-6.0022, Possession of Class I, II or III Wildlife in Captivity, Permit Requirements – The proposed rule would be re-titled to include Class I, II and III wildlife. It would clarify how an applicant’s previous convictions for captive wildlife violations would determine whether or not he qualified for a permit. The rule would state who may offer references as to the applicant’s experience with Class I, II or III wildlife, that providing false information of experience is a violation, that applicants must provide a facility location of captive wildlife and that facilities housing Class I and II wildlife and Class III capuchin, spider and woolly monkeys be inspected and approved prior to issuance of the permit. The rule would require each applicant to document in writing actions that would be taken in preparation for disasters and critical incidents. (Background Report  1/08/07)

            (d) 68A-6.003, Facility and Structural Requirements for Class I, II and III Wildlife – The proposed rule would clarify what constitutes “leased” property when applying for a license for Class I and II wildlife. It would establish a list of Class I and II species that are exempt from the five (5) acre and two and one-half (2½) acre requirements and would address in what “zoning use” category a Class I facility may be located.

            (e) 68A-6.0072, Identification of Non-Native Venomous Reptiles and Reptiles of Concern; Escape (New) The proposed rule would require non-native venomous reptiles and reptiles of concern to be permanently marked or identified and any escapes to be reported to the Commission immediately upon discovery.

            (f) 68A-6.007, Possession, Transportation, Exhibition and Caging Venomous Reptiles and Reptiles of Concern; Prohibited Reptile Species (New) - The proposed rule would establish a list of reptiles of concern which would include five (5) large constrictors and the Nile monitor. As an alternative to the one-thousand (1,000) hours of experience required for possessing venomous reptiles, the rule would provide for successful completion of an examination plus five hundred (500) hours of experience. For reptiles of concern, the successful completion of a questionnaire would be required. Out building and cage marking or identification would be required if used for housing venomous reptiles. Bite or exposure protocols and disaster/critical incident plans would be required as well.

            (g) 68A-6.0071, Record Keeping and Reporting Requirements (New) - The proposed rule would require possessors of venomous reptiles and reptiles of concern to maintain records of births, deaths, acquisitions, sales and transfers. The rule would establish an Inventory Report form and time periods for its submission.

        (3) Fish Management Area (FMA) Rules

        68A-20.005, Specific Fish Management Area Regulations – The proposed rule would establish specific area regulations for the new Largo Central Park Nature Preserve FMA including establishing a daily bag limit of 20 panfish, establishing a minimum length limit of 10 inches and a daily bag limit of 10 for black crappie, and prohibiting possession and use of cast nests or minnow seines, killing or possessing black bass, swimming, and possession of firearms or alcoholic beverages. (Background Report  1/08/07)

    B. Draft Rules

        (1) Review and discussion of draft rule 68-1.003, Florida Fish and Wildlife Conservation Commission Grants Program. The draft rule would update incorporations by reference to the guidelines for the Fish and Wildlife Institute Grants Program, the Florida State Wildlife Grant Program, and the Nongame Wildlife Grants Program, to reflect necessary changes in each of the three sets of guidelines. (Background Report  1/08/07)

        (2) Exotic Wildlife Rules

            (a) Review and discussion of draft rule 68-5, Rules Relating to Non-Native Species. The draft rule would consolidate portions of non-native species regulations from 68A-23.008 and 68A-25.002; incorporate statutory restrictions in 370.081 and 372.98; list ‘conditional’ (currently ‘restricted’) and prohibited species, and the conditions under which they may be possessed; establish red-eared slider turtles as a conditional species while grandfathering possession to discourage release; add African pouch rats (genus Cricetomys) as a prohibited species, conforming with the 2003 U.S. Food and Drug Administration and Centers for Disease Control Interim Final Rule that bans importation, transportation and sale. (Background Report  1/25/07) (Background Report  1/25/07)

            (b) Review and discussion of draft rule 68A-25.002, General Provisions for Taking, Possession and Sale of Reptiles. Provisions of this rule relating to leopard and African spurred tortoises would be moved to proposed rule 68-5.

            (c) Review and discussion of rule 68A- 23.008, Introduction of Non-Native Aquatic Species in the Waters of the State; Provisions for Sale and Inspection of Fish for Bait or Propagation Purpose; Diseased Fish. Provisions of this rule would be moved to proposed rule 68-5, and the rule would be repealed.

    C. Issues

    Update on the completion of the Florida Bass Conservation Center. (Background Report  1/08/07)

    D. Plans

    Review and discussion of proposed 2007-08 work plan for the Division of Habitat and Species Conservation. (Background Report  1/08/07)

5. Commissioners’ Areas of Emphasis

    Update on the Future of Hunting in Florida (Background Report  1/08/07)

6. Public Comment on Items Not on the Agenda

7. Commission Exchange

8. Recess Wednesday Portion of Meeting


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

9. Items Requiring Action

    A. Final Rules (Background Report  1/08/07)

    68B-4.009, Monofilament Line and Netting: Prohibition of Intentional Discard, Recovery Requirements, and Recommendations for Appropriate Disposal – The proposed rule would require persons recovering monofilament netting in Florida waters to notify FWC Division of Law Enforcement prior to recovering the netting and to have an FWC officer present to supervise the recovery and disposal of the material. (Background Report  1/08/07)

    B. Draft Rules

        (1) Review and discussion of a draft rule amendment [68B-28.003(2)] to allow commercial sponge harvest by diving in the northern Gulf of Mexico west of a north-south line represented by 84 degrees west longitude, which meets the coast near Cabell Point (Aucilla River) on the eastern border of Jefferson County. (Background Report  1/08/07)

        (2) Review and discussion of a draft rule amendment (68B-22) to potentially change the size limit and fishing season for red drum (redfish). (Background Report  1/08/07) (Background Report Update-1/25/07) (Background Report Update #2- 2/05/07)

        (3) Review and discussion of draft rule amendments (68B-14) to implement federal consistency rules for the South Atlantic Fishery Management Council’s Amendment 13C (snowy grouper, golden tilefish, vermilion snapper, red porgy, and black sea bass); and federal consistency issues addressing the Gulf of Mexico Fishery Management Council actions on grouper, and the red snapper individual fishing quota (IFQ) program. (Background Report  1/08/07) (Background Report Update - 2/12/07)

    C. State Issues

        (1) Update on the recommendations from the Snook Working Group. (Background Report  1/08/07) (Background Report Update - 2/12/07)

        (2) Update on the FWC saltwater fish hatchery.  (Background Report  1/08/07)

    D. Federal Issues (Background Report  1/08/07)  (Background Report Update 2/02/07)

    E. Administrative Issues

    Review and consideration of moving the location of the September 12-14, 2007 Commission meeting from Ft. Myers to St. Petersburg.

10. Commissioners’ Areas of Emphasis

    A. Future of Saltwater Fishing in Florida. (Background Report  1/08/07)
    B. Update on the Financial Business Plan
    C. New Areas of Emphasis for 2007.

11. Legislative Report (Background Report  1/25/07) (Background Report  1/25/07)

12. Public Comment on Items Not on the Agenda

13. Commission Exchange

14. Commission Administrative Matters

      The next regular Commission meeting will be held April 11-12, 2007, at the Ramada Inn and Conference Center, 2900 North Monroe Street, Tallahassee, commencing at 8:30 a.m. each day.

15. Adjournment
 

 

Consent Agenda

February 2007

(1)   FMA 06-01, Largo Central Park Nature Preserve Fish Management Area (FMA) – The proposed order establishes the Largo Central Park Nature Preserve FMA in Pinellas County comprising approximately five acres.

(2)   WMA 06-09, Perdido River Wildlife Management Area (WMA) ― The proposed order establishes the Perdido River WMA in Escambia County comprising approximately 5,456 acres.

(3)   WMA 06-10, Lower Econfina River WMA ― The proposed order establishes the Lower Econfina River WMA in Taylor County comprising approximately 2,387 acres.

(4)   WMA 06-11, Allapattah Flats WMA ― The proposed order establishes the Allapattah Flats WMA in Martin County comprising approximately 20,945 acres.