Very Important Mtg. Mon. Aug 24 across Florida

[N. Cook]

At 6:00 PM at FWC offices across Florida (West Palm Beach, Ocala, Lakeland, Panama City, Lake City. Ocala and Tallahassee Bryant Bldg.) on Monday Aug. 24 there will be public meetings on the Imperiled Species Regulation Proposal from FWC staff.

The Regulation includes adding all the "imperiled" Florida listed species, several dozen, under the Federal Endangered Species rules, including TAKE...and defining TAKE with the addition of "harm" and "harass"....further defining "harass" as:

"The term harass in the definition of TAKE means an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering."

You can see the mischief possible with this ....."annoy"?????...."are not limited to"...."likelihood"

This is wide open for charges from any anti-hunting group with subseqent investigations which deter any land manager from allowing access, especially hunting access..."why take the risk of dealing with the investigators and potentially being found "guilty" and fined for "annoying" a salamander!!!!!?"!!!!!!

It is understandable that the limited number of truly endangered species on the Federal list need extra protection...but when such onerous rules are applied to the dozens of species simply "imperiled" as determined by Florida you will not be able to walk, ride a horse, ride a buggy or atv or especially hunt in any rural Florida landscape without potentially "annoying" one of the bugs, snakes, lizards, birds, etc. etc. listed..ie Fox Squirrel, Miami Blue Butterfly.

Duck hunting was voted off the Circle B Bar Reserve because of the threat of a $100,000 fine when an eagle "stood up on the side of the nest and the mate flew away in a circle and returned" at the report of a distant gunshot. Despite the fact that hunting was much further away than the regulations required....Just the threat of the fine in a letter from the USFWS was enough to "cover" the County Commissioners NO vote.

WE MUST TURN OUT AND OPPOSE THE CHANGE OF THE CURRENT FWC FLORIDA DEFINITION OF "TAKE" TO A FEDERAL RULE WITH THE TERMS "HARM" AND "HARRASS".

THIS IS A BASIC THREAT TO ALL HUNTING RIGHTS IN FLORIDA both on public and private lands.

[huntmstr]

Dad gummit blam tucket! This is the first I saw of this since I've been off the puter since Friday morning and now it's too late for me to go!!!!! CRAPOLA!

[N. Cook]

Byron and I got our licks in on the terms "harm" and "harass"....only one rebuttal...but no other hunters at any of the five locations spoke and they were dominated by Audubon types...Fortunately, they are distracted by the process of "listing" species.

This is a serious situation and obviously hunters do not yet realize the jeapordy their access is in.....Will get another chance at the Sept. 9 FWC Commission meeting near Ocala....

[huntmstr]

I'll be in the air on my way to CO for Elk & Muleys on 9/9. Copy me on anything you want to strategize and I'll see if I can add anything to debate. See you Thursday Newt!

[N. Cook]

Because the cameras were too far away from the group I did not see Swilli at the Tallahassee site...and he did some good "off the floor" work that confirmed we should be getting some revised language on TAKE as per my phone conversation with the Staff up there last week.

We have kept this realitivly low key as I promised Staff and will do so for a few more days, but we do need to see that revision in time to either "support" or "oppose" well before the Sept. 9 Commission meeting.

As usual, the deer and turkey hunters are clueless to the axe hanging over their heads with these proposed new applications of the Federal "TAKE" definitions to more than a dozen species living in the woods they hunt.....it is a wonder there is any upland hunting left as there seems to be no advocates willing to fight for access rights (with the exception of the FSCA and ECC groups here which Byron represents as well as UW-F).

[N. Cook]

After a few conversations describing the objectional wording of TAKE in the FWC proposal for the Imperiled Species with the leaders of other hunting groups in Florida before the DMTAG meeting in Ocala's FWC office yesterday Mr. Perrin emailed the FWC lawyers (and after another conversation with Don Coyners) about our concern.

I was emailed a very nice communication (it was home when I got home that evening) from the legal staff with REVISED WORDING.....

We are still in the negotiating mode...but, I can tell you that the FWC folks have made a very serious effort to make the wording acceptable and reduce the chance for anti hunting elements to get us tossed off both public and private land with a baseless charge of "harass".

THANKS!!!! to the FWC legal staff for working out a revision and those FWC staffers who also recognized the danger when it was pointed out to them.....

And thanks to the Almighty that Byron and I just happened to be at that meeting!!!!! representing UW-F, the ECC and FSCA. Otherwise just "annoying" many animals we see in the woods or marsh on a regular basis would have put us in violation and subject to large fines....

For all the recent argumentive posts on what UW-F does or does not do....this instant response from the FWC and a major change based solelyon the objections or our group in a document on the way to the Commissioners for a vote in just a few days reveals the respect the FWC has for us....and the respectful way we present our case....

[Dennis]

Great Job Newton!

[N. Cook]

Caught up a little and have time to put up the new language the FWC lawyers have proposed for all to review and comment on (and a part of their comments)....Compare this to the definition in my original post:

....based on your stated concerns about how the draft definition currently includes the word "annoy", FWC staff would be willing to revise the draft definiition as follows:

The term "harass" in the definition of take means an intentional act or omission which creates the likelihood of injury to wildlife. "Harass" may include annoying wildlife only if the annoyance creates the likelihood of injury by significantly disrupting normal behavioral patters, such as breeding, feeding or sheltering.

.....This revision clearly limits harassment to instances where there is a likelihood of injury. We look forward to continued dialog on the issue.

.................................................. ...............................................

Wordsmithing is important here, and I see this as a sincere effort to meet their objective of "matching" the Federal wording as much as they can and reducing the unintended consequences of loose interpretations.

The reason they are trying to make the state language more like the Feds is to make permitting easier for the developers and any work on areas with endangered or threatened species. Multiple rules with different requirements makes for duplication of applications and the investigations on the propeties.

After Bryon and I have discussed this we will do a reply early next week.