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The Florida Legislature

OFFICE OF PROGRAM POLICY ANALYSIS AND GOVERNMENT ACCOUNTABILITY Gary R. VanLandingham, Ph.D., Director

MEMORANDUM

DATE: September 5, 2007

TO: Senator Don Gaetz, Co-Chair Joint Legislative Sunset Committee Representative Kevin Ambler, Co-Chair Joint Legislative Sunset Committee

CC: Rick Mahler, Staff Director Joint Legislative Sunset Committee Jaime Deloach, Staff Director Senate Committee on General Government Appropriations Wayne Kiger, Staff Director Senate Committee on Environmental Preservation and Conservation Tom Hamby, Council Director House Environmental and Natural Resources Council

FROM: Tom Roth, Staff Director (850/488-1024) Claire Mazur, Chief Legislative Analyst (850/487-9211)

RE: Fish and Wildlife Conservation Commission Advisory Committees

Summary

In response to a request from the Joint Legislative Sunset Committee, we have reviewed the advisory committees of the Fish and Wildlife Conservation Commission We reviewed the commission’s advisory committees and identified and examined their purposes, activities, and related costs and assessed the need for continuation. 1

We found that eleven Fish and Wildlife Conservation Commission Advisory Committees could be discontinued. Specifically, we found that the Fish and Wildlife Conservation Commission had 19 advisory committees in Fiscal Year 2006-07 that incurred travel, staff, and other expenses totaling $228,597. In general, these advisory committees provided the commission with input and recommendations from stakeholders and technical experts on a variety of matters, including land management planning and species and habitat conservation. However, only 10 of the 19 advisory committees were active and held meetings in Fiscal Year 2006-07.

Eleven of the committees could be discontinued. The Legislature may wish to consider discontinuing three statutorily created advisory committees as they have either completed their objectives (the Harmful Algal Bloom Task Force and the Trap Certificate Technical Advisory and Appeals Board) or are duplicative of other commission committees (Nongame Wildlife Advisory Council). In addition, the commission plans to discontinue seven of its internally created advisory committees and should consider discontinuing another committee that has been inactive the last two fiscal years (the Stone Crab Advisory Board).

1 Included in our review were advisory committees that are defined in ss. 20.03(3), (7), (8), (9), (10), and (12), F. S., or were created through executive order.

111 West Madison Street ■ Room 312 ■ Claude Pepper Building ■ Tallahassee, Florida 32399-1475 850/488-0021 SUNCOM 278-0021 FAX 850/487-9083 www.oppaga.state.fl.us Fish and Wildlife Conservation Commission Advisory Committees September 5, 2007 Page 2 of 9

Background Exhibit 1 The Commission Reported $228,597 The Florida Fish and Wildlife Conservation in Costs for Advisory Committees in Commission’s mission is to manage fish and Fiscal Year 2006-07 wildlife resources for their long-term well-being and the benefit of people. The Florida Constitution Reporte Advisory Committee d Cost grants the commission the state’s executive and Ad hoc Spiny Lobster Advisory Board $70,946 regulatory powers over wild animal life, freshwater Snook Workgroup 69,904 aquatic life and marine fish. The Legislature may Captive Wildlife Technical Assistance also assign other duties and responsibilities to the Group 34,815 commission in statute as long as they do not Boating Advisory Council 31,243 conflict with the commission’s constitutional Red Drum Workgroup 9,800 powers. Marine Stock Enhancement Advisory Board 4,247 The Governor appoints seven members to the Ad Hoc Blue Crab Advisory Board 2,929 commission. Members are confirmed by the Senate Florida Wildlife Magazine Advisory Council 2,223 and serve five-year terms. The commission Florida Panther Technical Advisory Council 1,374 Waterfowl Advisory Council 1,116 appoints an executive director to manage the Artificial Reef Advisory Board 0 agency and its programs. Harmful Algal Bloom Task Force 0 Listing Process Stakeholder Panel 0 The commission reported having 19 advisory Management Advisory Groups 0 committees. Eight of these committees were Manatee Technical Advisory Council 0 established by statute while 11 were created by the Marine Life Workgroup 0 commission. Collectively, these committees Nongame Wildlife Advisory Council 0 Stone Crab Advisory Board 0 incurred travel, staff, and other expenses totaling Trap Certificate Technical Advisory and $228,597 in Fiscal Year Appeals Board 0 2006-07 (see Exhibit 1). Total $228,597 Source: Florida Fish and Wildlife Commission. As shown in Exhibit 1, three committees accounted for approximately 77% of the funding for advisory See Appendix A for more information on the committees in Fiscal Year 2006-07: the Ad Hoc commission’s advisory committees. Spiny Lobster Advisory Board, the Snook Workgroup, and the Captive Wildlife Technical Assessment Assistance Group. These advisory committees served as a means for the commission to obtain In assessing commission advisory committees, we stakeholder input regarding potential changes in considered various criteria, including whether the rules and regulations. For example, the Snook committees Workgroup met five times in Fiscal Year . serve a public purpose; 2 2006-07 and presented its recommendations . facilitate public participation in an agency’s concerning changes in snook regulation at a activities and provide agency staff with February 2007 commission meeting. The stakeholder expertise without duplicating the commission reports that these committees will be efforts of other entities; discontinued once it evaluates their recommendations. . are mandated by federal law; and . fulfill their public purposes. 3 We concluded that most of the commission’s advisory committees serve a public purpose by

2 s. 20.052(1),F.S. 3 s. 20.052(2), F.S. Fish and Wildlife Conservation Commission Advisory Committees September 5, 2007 Page 3 of 9 providing opportunities for stakeholder input or fiscal years. Further, department managers report that expertise in a variety of matters. Commission 7 of 11 commission-created advisory committees have managers report that involving stakeholders helps been discontinued or will be discontinued once their increase support and future compliance for recommendations have been reviewed by the commission programs and actions, such as changes commission. 4 in rules or new regulation. In conclusion, the Legislature and the commission However, we recommend that the Legislature may wish to consider discontinuing 11 of the repeal the statutes that authorize three commission’s 19 advisory committees. Discontinuing of the commission’s advisory committees. these 11 advisory committees would avoid $185,465 Specifically, the Legislature should consider in costs that were spent on their activities in Fiscal repealing the following sections. Year 2006-07.

. Section 372.992, Florida Statutes, which would abolish the Nongame Wildlife Advisory Council. The commission often forms ad hoc workgroups and advisory committees to deal with management issues regarding specific species, including nongame wildlife. As such, the Nongame Wildlife Advisory Council could be duplicative of other workgroups and committees tasked with addressing specific species. Agency managers report that abolishing this committee would have minimal effect as there are other venues for obtaining public input on nongame wildlife issues; . Section 370.06092, Florida Statutes, which would abolish the Harmful Algal Bloom Task Force. Commission managers reported that this advisory committee has completed its statutory responsibilities and is inactive; and . Section 370.142(4), Florida Statutes, which would abolish the Trap Certificate Technical Advisory and Appeals Board. Commission managers reported that this advisory committee has also completed its statutory responsibilities and is inactive. We also recommend that the Legislature consider modifying s. 372.0222(2), Florida Statutes, which creates the Florida Wildlife Magazine Advisory Council, so that the council is no longer required to meet on a quarterly basis. Department managers report that while the council has provided useful advice, it can likely fulfill its purpose with less frequent meetings.

In addition, we recommend that the commission 4 These advisory committees include the Captive Wildlife Technical consider discontinuing the Stone Crab Advisory Assistance Group, the Ad Hoc Spiny Lobster Board, the Red Drum Workgroup, the Snook Workgroup, the Listing Process Stakeholder Board. This board has been inactive for the last two Panel, the Manatee Technical Advisory Council, and the Marine Life Workgroup. Fish and Wildlife Conservation Commission Advisory Committees September 5, 2007 Page 4 of 9

Appendix A

The Fish and Wildlife Conservation

Commission Had 19 Advisory Committees in

Fiscal Year 2006-07

Advisory committees are listed in order of costs (highest to lowest) incurred in Fiscal Year 2006-07.

Advisory Committee Purpose Agency Reported Activities Impact of Abolition Ad hoc Spiny Provide the commission The Spiny Lobster Advisory Board The FWC will discontinue Lobster Advisory advice and involves the affected public in this ad hoc board once Board recommendations as part decision making regarding the the three-year of a three-year evaluation fishery. The board’s evaluation concludes in of Florida’s spiny lobster recommendations will be Fiscal Year 2007-08. fishery. considered and evaluated by the commission. The board met five The board’s reported cost times in Fiscal Year 2006-07. for Fiscal Year 2006-07 was $70,946. Snook Workgroup Work with stakeholders to The FWC reports that the Snook The FWC finalized rules review and discuss recent Workgroup involved the affected regarding the snook stock assessment results public in decision making regarding fishery in June 2007 and for snook, set goals and the management of the snook discontinued this objectives for the fishery, fishery. The goal of the workgroup workgroup. and suggest regulations to was to facilitate the efficient accomplish these goals. management and long-term sustainability of the resource, as The workgroup’s reported well as the conservation and cost for Fiscal Year 2006- preservation of marine habitats. 07 was $69,904. The workgroup presented its recommendations to the commission in February 2007. The workgroup met five times in Fiscal Year 2006-07. Captive Wildlife Provide the commission The Captive Wildlife Technical Impact of abolition Technical with advice and Assistance Group provides would be minimal. FWC Assistance Group recommendations on recommendations concerning managers reported that captive wildlife regulations captive wildlife rules and the group will no longer and other issues. regulations, including recent be active after August legislation regarding the possession 2007, but that individual Fish and Wildlife Conservation Commission Advisory Committees September 5, 2007 Page 5 of 9

Advisory Committee Purpose Agency Reported Activities Impact of Abolition The group’s reported cost of exotic species in Florida. The members of the group for Fiscal Year 2006-07 group met five times in Fiscal Year will be available if was $34,815. 2006-07. needed to provide input on issues within their area of expertise. Boating Advisory Make recommendations to The council has provided input from Abolition would Council the commission and boating groups and the public eliminate a means by Department of Community through its members on boating- which boating groups Affairs regarding issues related legislation and issues and and public can bring affecting the boating trends. The council met three times issues to the FWC’s community, including in Fiscal Year 2006-07. attention. boating and diving safety education, boating-related facilities, including marinas and boat testing facilities, boat usage, boat access, and working waterfronts. Authorized by s. 327.803, F.S.

The council’s reported cost for Fiscal Year 2006-07 was $31,243. Red Drum Work with stakeholders to The FWC reports that the Red Drum Impact of abolition Workgroup review and discuss recent Workgroup involves the affected would be minimal. The stock assessment results public in decision making regarding FWC will discontinue the for the red drum species, the red drum fishery. The goal of the group once it presents set goals and objectives workgroup is to facilitate the efficient its recommendations for the fishery, and management and long-term regarding red drum suggest regulations to sustainability of the resource, as well fishery management to accomplish these goals. as the conservation and preservation the commission. of marine habitats. The workgroup’s The workgroup’s reported recommendations will be considered cost for Fiscal Year 2006- and evaluated by the commission. 07 was $9,800. The workgroup met three times in Fiscal Year 2006-07. Marine Stock Determine research The Marine Stock Enhancement Abolition would Enhancement priorities for stocking Advisory Board solicits input from the eliminate a venue Advisory Board marine fisheries species recreational fishing community. The through which the FWC and provide board meets periodically with FWC receives input from the recommendations to the scientists to plan strategies and make public, stakeholders, and Fish and Wildlife Research decisions on marine fish stocking outside scientists on Institute. issues. The board met one time in marine stock issues. Fiscal Year 2006-07. The board’s reported cost for Fiscal Year 2006-07 was $4,247. Ad Hoc Blue Crab Provide the commission The Blue Crab Advisory Board involves The FWC will discontinue Advisory Board advice and the affected public in decision making the board once the Blue recommendations on regarding Florida’s blue crab fishery. Crab Effort Management managing Florida's blue The board met one time in Fiscal Year Program is implemented. crab fishery. 2006-07. It will be replaced by a permanent advisory The board’s reported cost board that will be for Fiscal Year 2006-07 initially composed of a Fish and Wildlife Conservation Commission Advisory Committees September 5, 2007 Page 6 of 9

Advisory Committee Purpose Agency Reported Activities Impact of Abolition was $2,929. subset of the ad hoc board. The permanent board will continue to address issues relating to the blue crab fishery. Florida Wildlife Provide advice and The council helped the editor re- Abolition would reduce Magazine Advisory guidance to the establish the magazine in 2004 and stakeholders oversight Council commission regarding the advised the commission to contract of the subject matter development, publication the magazine’s operations to an covered in the and sale of Florida Wildlife outside publisher. However, the magazine. However, magazine. Authorized by contract was terminated after three abolition of the council s. 372.0222(2), F.S. issues due to non-fulfillment by the would not affect the day- vendor. Subsequently, the to-day operations of the The council’s reported cost commission assumed responsibility magazine. for Fiscal Year 2006-07 for publishing the magazine in- was $2,223. house. During 2004 and 2005, the council reviewed the magazine’s content and made suggestions for articles. The council has not taken any formal action during the last year. The council met four times, once in-person and three times by conference call, in Fiscal Year 2006- 07. Florida Panther Serve in an advisory The Florida Panther Technical Impact of abolition is Technical Advisory capacity to the Advisory Council provides the FWC unclear because the Council commission on technical with expert review of its panther council had been matters of relevance to recovery program activities. The inactive for several the Florida Panther council met one time in Fiscal Year years, but in Fiscal Year Recovery Program, 2006-07. 2006-07 new members including reviewing and were appointed and commenting on research appears set to resume and management its activities. Abolition programs and practices. would eliminate a Authorized by s. 372.673, potential means for the F.S. commission to receive outside expert advice on The council’s reported cost its panther conservation for Fiscal Year 2006-07 activities. was $1,374. Waterfowl Advisory Provide advice and The Waterfowl Advisory Council is a The commission Council guidance for the Waterfowl venue for public involvement in the recommends Management Program, management of waterfowl in discontinuing the and advise the Florida. The council developed a Waterfowl Advisory commission regarding the waterfowl draft management plan Council. The impact of administration of revenues in 2007. The council met one time abolition would be generated by the sale of in Fiscal Year 2006-07. minimal as the the Florida waterfowl commission reports that hunting permits. it would seek public Authorized by input through a new s. 372.5714, F.S. waterfowl stakeholder group with a broader The council’s reported cost and more diverse for Fiscal Year 2006-07 membership than the was $1,116. current council. Artificial Reef Provide the commission The Artificial Reef Advisory Board If abolished, the Fish and Wildlife Conservation Commission Advisory Committees September 5, 2007 Page 7 of 9

Advisory Committee Purpose Agency Reported Activities Impact of Abolition Advisory Board advice and involves the affected public in commission would lose a recommendations on decision making on the mechanism for review strategic and operational development of artificial reefs in draft policy documents. plan goals and objectives Florida and to meet the goals and The reduced level of for the state's artificial reef objectives of creating quality stakeholder input could program. marine habitat consistent with the lessen stakeholder National Artificial Reef Plan, and acceptance of, and There were no reported Florida’s Strategic Artificial Reef compliance with, future costs for the board in Plan. The board did not meet in management actions. Fiscal Year 2006-07. Fiscal Year 2006-07. Harmful Algal Determine research, The Harmful Algal Bloom Task Abolition would Bloom Task Force monitoring, control and Force finished its statutorily eliminate a potential mitigation strategies for required work and published its venue through which the red tide and other harmful recommendations in October 1999. FWC can receive input algal blooms in Florida Since then, the commission has from the public, waters. The task force continued the task force, but has stakeholder groups, and provides its not provided funding for the last outside scientists. recommendations to the three fiscal years. The FWC reports However, the impact of Fish and Wildlife Research that it may want to obtain input in abolition would be Institute. Authorized by s. the future from an advisory board minimal because the 370.06092, F.S. to develop management strategies task force has completed for harmful algal blooms. its statutory There were no reported costs responsibilities and has for the task force in Fiscal been inactive for several Year 2006-07. years. Listing Process Provide the commission The FWC created this panel to Impact of abolition Stakeholder Panel with advice and assist it in developing and would be minimal. The recommendations on how implementing a new listing process. panel is not legislatively to address issues The panel was originally created in created and is currently regarding the state listing 1998 and reconstituted in 2002 to disbanded. FWC process for determining if revise the newly created listing managers reported that a species is endangered, process. The panel has not meet the panel could be threatened, or of special during the previous three fiscal reconstituted if needed concern. years. to assist in evaluating and/or revising the There were no reported listing process. costs for the panel in Fiscal Year 2006-07. Management Engage stakeholders and Management Advisory Groups hold Abolition of Management Advisory Groups the public in drafting 10- meetings to gather local expert and Advisory Groups would year Conceptual stakeholder input for conceptual decrease public input, Management Plans for all management plans for state lands especially at the local FWC-managed areas, managed by the FWC. The FWC level, on developing land which include wildlife uses this input to develop land management plans. management areas, management goals, objectives, and wildlife environmental strategies. Management Advisory areas, and mitigation Groups did not meet in Fiscal Year parks. Authorized by 2006-07. s. 259.032, F.S.

There were no reported costs for Management Advisory Groups in Fiscal Year 2006-07. Fish and Wildlife Conservation Commission Advisory Committees September 5, 2007 Page 8 of 9

Advisory Committee Purpose Agency Reported Activities Impact of Abolition Manatee Technical Provide the commission The Manatee Technical Advisory There would be no Advisory Council with advice and Council is inactive and has not met impact if abolished recommendations during the previous three fiscal because the council was concerning manatee years. created by the FWC issues. initiative and the commission has There were no reported discontinued its costs for the council in activities. The council Fiscal Year 2006-07. has been inactive for several years. Marine Life Provide the commission The FWC reports that the Marine Life The impact of Workgroup with advice and Workgroup involves the affected abolishment would be recommendations on the public in decision-making regarding minimal. FWC managers biological and the marine fishery. The goals of the report that the management needs of workgroup include facilitating the workgroup will be Florida's marine life efficient management and long-term terminated once its industry. sustainability of the marine resource, recommendations as well as the conservation and regarding specific There were no reported preservation of marine habitat. The marine life fishery costs for the workgroup in workgroup’s recommendations will be management issues Fiscal Year 2006-07. considered and evaluated by the have been presented to Commission. The workgroup has not the commission. meet since Fiscal Year 2005-06. Nongame Wildlife Recommend policies, The Nongame Wildlife Advisory Impact of abolition Advisory Council objectives, and specific Council provides input from other would be minimal. FWC actions for nongame agencies, universities, conservation managers report that wildlife research and groups, and landowners concerning there could be some loss management to the nongame wildlife. The council did of outside input if the commission. Authorized not meet in Fiscal Year 2006-07. council was abolished, by but that there are other s. 372.992, F.S. venues for obtaining public and expert input There were no reported on nongame wildlife costs for the council in issues. Additionally, the Fiscal Year 2006-07. FWC’s increased use of advisory committees and workgroups to obtain input on specific species and management plans reduces the need for this statutorily required committee, which does not have specific goals or responsibilities. Stone Crab Advise the commission on The FWC reports that the Stone If abolished, the FWC Advisory Board management strategies Crab Advisory Board involves the would lose a venue for for the stone crab fishery. affected public in decision-making obtaining stakeholder This board has evolved regarding the fishery. The goal of input regarding future from the Stone Crab the workgroup is to facilitate the stone crab fishery Appeals and Advisory efficient management and long- management issues. Board, which was created term sustainability of the resource, FWC managers contend in 2001. as well as the conservation and that this could lessen preservation of marine habitats. stakeholder acceptance There were no reported The board has not met during the of and compliance with costs for the board in previous two fiscal years. future fishery Fish and Wildlife Conservation Commission Advisory Committees September 5, 2007 Page 9 of 9

Advisory Committee Purpose Agency Reported Activities Impact of Abolition Fiscal Year 2006-07. management actions. Trap Certificate Initially created to advise The Trap Certificate Technical The impact of Technical Advisory the former Department of Advisory and Appeals Board abolishment would be and Appeals Board Natural Resources on provided the affected public with minimal. The board is disputes and other input into decisions and actions inactive and its purpose problems arising from the regarding the state’s spiny lobster was completed as of July implementation of the fishery. The board did not meet in 1, 1994. Spiny Lobster Trap Fiscal Year 2006-07. Certificate Program. Authorized by s. 370.142(4), F.S.

There were no reported costs for the board in Fiscal Year 2006-07.

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