2008 Meetings : Agenda - Dec 3-4 :

Commission Meeting Agenda

Time:	8:30 a.m.
Dates:	December 3-4, 2008
Place:	Doubletree Grand Key Resort 3990 South Roosevelt Boulevard Key West, FL 33040 Phone: 305-293-1818 Fax: 305-296-6962 Website: www.doubletreekeywest.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 record includes testimony and evidence upon which the challenge is to be based.

For information on lodging and restaurants within the area, you may call the Key West Chamber of Commerce at 305-294-2587 or website at http://www.keywestchamber.org

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

8:30 a.m., Wednesday, December 3

Meeting Opening
1. Call to Order
2. Invocation and Pledge of Allegiance to the Flag
3. Recognitions
  1. Presentation of the 2008 Shikar-Safari Club International Officer of the Year Award to Officer Robert B. Johnston, FWC Law Enforcement Officer, North Central Region by Jack Beal and Jim Harrison members of Shikar-Safari Club International.
  2. Recognize Officer Gordon Sharp for his 27 years of service and retirement from FWC's Division of Law Enforcement.
  3. Recognition of a local artist.
4. Introduction of local FWC staff
5. Special Presentation
  1. Ducks Unlimited Canada, Wetlands Conservation Partnership presented by Ross Melinchuk and Bob Grant
Adoption of Agenda
1. Review and Approval of September 17-19, 2008, Commission Meeting Minutes (2008 September Commission Meeting Minutes Unofficial Until Approved)
2. Approval of Consent Agenda (Attached)
3. Approval of Agenda
Executive Director's Report
Items Requiring Action
1. Final Order
  1. City of Naples Waterway Markers (Naples Revised Final Order)
    1. Consideration of a revised Final Order to deny the City of Naples' application for a permit to post waterway markers in the Naples Bay area. The Commission's Final Order of March 21, 2007, which granted the permit, was overturned by the Second District Court of Appeal and a revised Final Order must be executed in conformance with the Court's decision.
2. Proposals for the 2009 Session of the Florida Legislature (Legislative Report Summary)
  1. Proposed legislation to modify and/or clean up boating statutes related to vessel management, anchoring, mooring, and vessel registration. (Anchoring, Mooring, and Vessel Mgmt Proposal Presentation) (Vessel Management Language Written Notes) (Vessel Management 2009 Legislative Session Proposal) (Vessel Management 2009 Legislative Session Proposal Updated 11/19/08)
  2. Legislative strategies to address funding shortfalls in FWC programs. (Funding Solutions)
3. Final Rules
  1. Martin and Okeechobee County Boating Restricted Areas Rules (Martin-Okeechobee Co. Final Rule Presentation) (Okeechobee Co. Notice of Proposed Rule Text) (Martin Co Notice of Proposed Rule Text)
    1. 68D-24.143 and 68D-24.011, Martin and Okeechobee County Boating Restricted Areas - The proposed rule changes would: (1) correct and update locations of boating safety speed zones along the Florida Atlantic Intracoastal Waterway and the Okeechobee Waterway within Martin County, based upon findings of the Martin County Vessel Traffic Study; (2) improve clarity and consistency of language and definitions; (3) remove obsolete locations of zones; and (4) respond to requests for revisions received from stakeholders and governmental entities.
4. Draft Rules
  1. Review and discussion of proposed 2009-10 draft rules for wildlife. (Rules Draft Off-year Presentation) (Rules Draft off-year summary input)
  2. Review and discussion of proposed 2009-10 draft rules for improving Florida's quota hunt system for public hunting on wildlife management areas. (Quota Draft Rule Summary) (Quota Presentation)
Staff Reports
1. Update on Everglades Water and Wildlife Issues.(Everglades Update Presentation)
2. Update on Big Cypress National Preserve Addition, General Management Plan. (Big Cypress National Preserve Addition Lands Update Presentation)
3. Update on our summit, "Florida's Wildlife: On the Frontline of Climate Change," held October 1-3, 2008, in Orlando. (Climate Change Summit report)
Land Acquisitions (Tenoroc Land Exchange Presentation)
1. Tenoroc Fish Management Area (FMA) - Review and consideration of a land exchange between the Saddle Creek Corporation, City of Lakeland and the Board of Trustees at the FWC managed Tenoroc FMA. This land exchange is for a 10-acre tract of Commission managed land in the southwestern portion of Tenoroc FMA for 40 acres of land owned by the Saddle Creek Corporation adjacent to and surrounded on three sides by State-owned property.
Division Work Plans for Commission Meetings
1. Review and discussion of the proposed 2009-10 work plan for the Division of Freshwater Fisheries Management. (DFFM 2009-10 Work Plan Presentation)
2. Review and discussion of the proposed 2009-10 work plan for the Division of Hunting and Game Management. (DHGM Work Plan 2009-10 Presentation)
3. Review and discussion of the proposed 2009-10 work plan for the Division of Habitat and Species Conservation. (Div Habitat Species Cons Work Plan 2009-10 Presentation)
Public Comment on Items Not on the Agenda
Commission Exchange
Recess Wednesday's Portion of Meeting

8:30 a.m., Thursday, December 4, Reconvene

Special Recognition
1. Presentation of the 2008 Officer of the Year Award to Officer Robert B. Johnston, FWC Law Enforcement Officer by Ted Forsgren, Executive Director, Coastal Conservation Association.
Election of Chairman and Vice Chairman for 2009
Items Requiring Action
1. Federal Issues
  1. South Atlantic Fishery Management Council (Federal Issues SAFMC Presentation)
    
    Review and discussion of scheduled actions of the Council regarding proposed "annual catch limits" and "accountability measures" for the 10 species of snapper or grouper identified by the Council as undergoing overfishing (a measure of excessive fishing pressure), and thus subject to the federal requirement for annual catch limits and accountability measures (including red grouper, gag grouper, and red snapper). Other issues include changes to federal rock shrimp permit conditions, and development of a Comprehensive Ecosystem plan that includes establishment of a deepwater-coral protection zone.
  2. Gulf of Mexico Fishery Management Council (Federal Issues GMFMC Presentation) (Federal Issues GMFMC Presentation update)
    
    Review and discussion of actions of the Council regarding gulf red snapper regulatory and management issues, aquaculture amendment, update on harvest allocation issues, outreach and education issues, migratory species issues, and bycatch of sea turtles in the reef fish fishery.
2. Final Rules
  1. Federal Consistency Reef Fish Rule (FPH Federal Consistency Reef Fish Presentation)
    
    68B-14.0035, Size Limits: Amberjacks, Black Sea Bass, Gray Triggerfish, Grouper, Hogfish, Red Porgy, Snapper - The proposed rule would bring state rules into consistency with federal rules per the Gulf of Mexico Fishery Management Council's Reef Fish Amendment 30A (greater amberjack and gray triggerfish). Proposed rules would increase the minimum size limit for recreationally caught greater amberjack from 28 inches to 30 inches fork length and increase the minimum size limit for commercially and recreationally caught gray triggerfish from 12 inches to 14 inches fork length.
  2. Gulf Grouper Rules (FPH Grouper Presentation)
    1. 68B-14.0036, Recreational Bag Limits: Snapper, Grouper, Hogfish, Black Sea Bass, Red Porgy, Amberjacks, Exception, Tilefish, Wholesale/Retail Purchase Exemption - The proposed rule would decrease the recreational gag grouper bag limit from five-fish to two-fish, which would bring state rules into consistency with the federal interim rule for Gulf gag grouper. The proposed rule would also increase the recreational bag limit for Gulf red grouper from one-fish to two-fish, which is an action that will become a federal rule in the future but for which the state rule change is being implemented immediately because of the recovered status of the stock in state waters.
    2. 68B-14.0039, Gulf Grouper Recreational Season - The proposed new rule would establish a recreational closed season for Gulf gag grouper of February 1 through March 31, which would bring state rules into consistency with the federal interim rule for Gulf gag grouper.
3. Draft Rules
  1. Spiny Lobster Trap Reduction (DR Spiny Lobster Presentation)
    
    68B-24.009, Trap Reduction Schedule - The proposed draft rule would end the moratorium on the reduction of lobster trap certificates and amend the lobster trap certificate reduction schedule whereby reductions would only occur upon the sale or transfer of lobster trap certificates outside the immediate family of the certificate holder. Upon transfer, the number of certificates received by the purchaser shall be reduced by 10 percent.
  2. Marine Life (DR Marine Life Presentation) (DR Marine Life Presentation Update) (DR Marine Life Presentation Update 2)
    
    The following proposed draft rules pertain to the harvest of marine life, which is the live harvest of over 600 marine fish, invertebrates, and plants, primarily for the aquarium trade.
    1. 68B-42.001, Purpose and Intent: Designation of Restricted Species; Definitions - The proposed draft rule would add new fish and invertebrate species to the list of species for which a marine life endorsement is required for commercial harvest and for which the 20-organism bag limit applies for recreational harvest. Language will also be added to state that Special Activity Licenses can be issued to authorize activities that require a waiver of the marine life rules. Updates will be made to statutory references due to the consolidation of Chapters 370 and 372 into Chapter 379, Florida Statutes (FS).
    2. 68B-42.002, Definitions - The proposed draft rule would add a definition of fork length for the purpose of measuring tangs.
    3. 68B-42.004, Size Limits - The proposed draft rule would modify the size limits of several fish species for recreational and commercial harvest including establishing maximum size limits for parrotfish and tangs, make the slot limit for Cuban hogfish consistent with Spanish hogfish, and widening the slot limit on butterflyfish.
    4. 68B-42.005, Bag Limit - The proposed draft rule would change the recreational bag limit to allow no more than 5 of any one species within the 20 organism daily bag limit. It would also create a recreational 2-day possession limit of harvested organisms.
    5. 68B-42.006, Commercial Season, Harvest Limits - The proposed draft rule would establish a vessel maximum limit for dwarf seahorses and emerald crabs, and establish a personal possession and a vessel possession limit for zooanthid polyps, corallimorph polyps, and scarlet hermit crabs. The proposed rule would also decrease the vessel maximum limit on condylactis aneomones and add the snail Lithopoma tectum to the current star snail personal and vessel maximums. The proposal would also decrease the personal possession and vessel possession limits on angelfish and establish a personal possession and vessel possession limit for butterflyfish instead of the current vessel maximum. Tools for the taking of corallimorph and zooanthid polyps will also be specified. Updates will also be made to existing harvest restriction wording to make it more consistent with the endorsement program. Updates will be made to statutory references due to the consolidation of Chapters 370 and 372 into Chapter 379, FS.
    6. 68B-42.0065, Commercial Requirements; Endorsements; Requalifying; Appeals; Leasing; Transferability - The proposed draft rule would modify requalification criteria for the Marine Life Transferable Dive endorsement to allow live rock landings, since they were allowed for the initial qualification. Updates will be made to statutory references due to the consolidation of Chapters 370 and 372 into Chapter 379, FS.
    7. 68B-42.007, Gear Specifications and Prohibited Gear - The proposed draft rule would only allow the use of quinaldine by the Marine Life Transferable Dive endorsement and Marine Life Non-transferable Dive endorsement holders. Allowable tools will be specified for the harvest of corallimorphs and zooanthids.
    8. 68B-42.009, Prohibition on the Taking, Destruction, or Sale of Marine Corals and Sea Fans; Exception; Repeal of Section 370.114, Florida Statutes - The proposed draft rule would remove the references to Florida Marine Patrol and the Department of Environmental Protection and replace with the FWC Division of Law Enforcement and the correct permits from the Department of Agriculture and Consumer Services, respectively. Updates will be made to statutory references due to the consolidation of Chapters 370 and 372 into Chapter 379, FS, updates will also be made to correct references to federal rules, and obsolete references to Section 370.114, FS, will be deleted because that Section has been repealed.
  3. Blue Crab Closed Season (DR Blue Crab Closures Presentation)
    
    The following proposed draft rules pertain to the blue crab trap harvest and potential closed seasons to identify lost and abandoned traps.
    
    68B-45.0045, Closed Seasons - The proposed draft rule would establish six regional statewide closures for blue crab traps, of up to ten days each, to facilitate identification and retrieval of lost and abandoned blue crab traps. These regional closures would be as follows: i) waters of the St. Johns River System, January 16-25; ii) all other coastal waters from the Georgia state line south through Volusia County, August 20-29; iii) all waters of Brevard County through Palm Beach County, August 10-19; iv) all waters of Broward County through Pasco County, July 10-19; v) all waters of Hernando County through Wakulla County; July 20-29; and vi) all waters of Jefferson County to the Alabama state line, January 5-14. All closures except the St. Johns River System would extend to three miles from shore. The proposed draft rule would also incorporate the language for the current Gulf Seasonal Closure Region that is listed in 68B-45.006 so that all season language is on one section.
    
    68B-45.006, Other Prohibitions - The proposed draft rule would transfer the current Gulf Seasonal Closure Region language from this section.
Division Work Plans for Commission Meetings
1. Review and discussion of the proposed 2009-10 work plan for the Division of Marine Fisheries Management. (DMFM Workplan 2009-10 Presentation)
2. Review and discussion of the proposed 2009-10 work plan for the Division of Law Enforcement.(2009-10 DLE Work Plan Presentation)
Public Comment on Items Not on the Agenda
Commission Exchange

The next regular Commission meeting is scheduled February 4-5, 2009, in Destin, commencing at 8:30 a.m. each day.
Adjournment

Consent Agenda - [December 3-4, 2008]

Final rules to codify early and late season migratory bird regulations
1. 68A-13.003, Hunting Regulations for Ducks, Geese, and Coots - The proposed rule would change the daily bag limit for scaup from two to one during the during the first forty consecutive days of the sixty day season, change the daily bag limit for wood ducks from two to three, and prohibit the taking of canvasbacks. (NPR 68A-13 003 Text)
2. 68A-13.008, Hunting Regulations for Migratory Birds Other than Ducks and Coots - The proposed rule would change the aggregate daily bag and possession limits for mourning and white-winged dove from twelve to fifteen and twenty-four to thirty, respectively. (NPR 68A-13 008 Text)
68A-17.005, Specific Regulations for Wildlife and Environmental Areas - The proposed rule would expand the migratory game bird season on John C. and Mariana Jones Hungryland Wildlife and Environmental Area to statewide season dates. (NPR 68A-17 005 Text)
Proposed additions to the FWC Florida Forever Additions and Inholdings Acquisition List. (Fl Forever Additions Apalachicola River WEA Maps) (Fl Forever Additions Aucilla WMA Maps) (FL Forever Additions Big Bend WMA Maps) (FL Forever Additions Joe Budd WMA Maps) (FL Forever Additions Text) (FL Forever Additions_Parcel Summary Analysis)
Draft rule proposal to modify 68B-8, F.A.C. rules relating to issuance of Special Activities Licenses. (Special Activity Licenses)

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