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Home My WebLink AboutR-90-0366J-90-339 4/26/90 0- 366 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT, CONCURRING WITH AND CONSENTING TO THE ESTABLISHMENT OF A CRITICAL WILDLIFE AREA (CWA) BY THE FLORIDA GAME AND FRESH WATER FISH COMMISSION OF A DESIGNATED CITY -OWNED AREA TO THE NORTH AND WEST OF VIRGINIA KEY, AS MORE PARTICULARLY SHOWN IN EXHIBIT I; AUTHORIZING THE FLORIDA GAME AND FRESH WATER FISH COMMISSION TO COORDINATE THE POSTING OF THE AREA; AND SPECIFYING A CLOSURE PERIOD OF AUGUST 1ST TO MAY 1ST, EACH YEAR, WHEREIN THE POSTED AREA SHALL BE ACCORDED MAXIMUM PROTECTION FROM HUMAN OR VEHICULAR DISTURBANCE IN ACCORDANCE WITH ALL PROVISIONS SET FORTH BY RULE 39-19.005 OF THE FLORIDA ADMINISTRATIVE CODE. WHEREAS, Rule 39-19.005 of the Florida Administrative Code describes the establishment of Critical Wildlife Areas (CWA); and WHEREAS, the intent of the State Rule is to prohibit human disturbance or molestation of wildlife during critical roosting, feeding or nesting periods; and WHEREAS, the Florida Game and Fresh Water Fish Commission establishes CWAs with the prior concurrence of the owner of the property to be designated; and WHEREAS, such concurrence may be withdrawn at any time without oause; and WHEREAS, City -owned portions of Biscayne Bay to the north and west of Virginia Key that include mudflats, bars, and two spoil islands, as shown in Exhibit I, are important overwintering areas for large concentrations of shore and wading birds; and WHEREAS, between August 1st and May 1st of each year, it is desirous to protect all wildlife within the boundaries of the aforementioned CWA from human or vehicular disturbance; ATTACH' MUNTS COM IAINED CITY CON'iISSION v,r rT1NC-, OF MAY 24 1990 ` 30- 360 f HESY[UT[0!1 N6+. NOW, THEREFORE, FEE IT RESOLVED BY THE COMMISSION OF THE CITY -- OF MIAMI, FLORIDA: Section 1. The City Commission hereby concurs and consents to the establishment of a Critical Wildlife Area by the Florida Game and Fresh Water Fish Commission of a designated City -owned area to the north and west of Virginia Rey, more particularly shown in Exhibit I attached hereto and incorporated by reference. Section 2. The coordination of the posting of the designated area by the Florida Game and Fresh Water Fish Commission is hereby authorized. Section 3. The City Commission hereby specifies a closure period of August 1st to May 1st of each year wherein the posted area shall be accorded maximum protection from human or vehicular disturbance in accordance with all provisions set forth by Rule 39-19.005 of the Florida Administrative Code. Seotion 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 24th day of May , 1990. City Clerk PREPARED AND APPROVED BY: 4LINDA�K. KEARSO Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: 'Yd_1GE L. FE ANDEZ City Attorney LKK/pb/M1467 -2- 90- 366 I* L71 CRITICAL WILDLIFE AREA BOUNDARY (PROPOSED) soup ,,"WOO 0, 00 aft W, (�Yf35 At— ""Ir EXHIBIT I VIRGINIA KEY ea co CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM C-AN031 Honorable Mayor and Members a TO of the City Commission DATE VIA1 14 1990 FILE Establishment of a SUBJECT Critical Wildlife Area A �r Virginia Key FROM Cesar H. Od to REFERENCES . For City y Commission City Manager Meeting of 5i 24/90 ENCLOSURES. RECOMMENDATION. - It is respectfully recommended that the City Commission adopt the attached Resolution, with an attachment, concurring with and consenting to the establishment of a Critical Wildlife Area (CWA) by the Florida Game and Fresh Water Fish Commission of a designated City -owned area to the north and west of Virginia Key; authorizing the Florida Commission to coordinate the posting of the area; and specifying a closure period of August 1 to May 1, wherein the posted area shall be accorded maximum protection from human or vehicular disturbance. BACKGROUND: The Department of Development has met with the Florida Game and Fresh Water Fish Commission and recommends the attached Resolution be adopted by the City Commission. The Florida Game and Fresh Water Fish Commission establishes Critical Wildlife Areas (CWA) with the prior concurrence of the property owner. The intent of establishing a CWA, as described by Rule 39-19.005 of the Florida Administrative Code, is to prohibit human disturbance or molestation of wildlife during critical roosting, feeding or nesting periods. The area proposed for designation as a CWA to the north and west of Virginia Key includes mudf1ats, bars, and two spoil islands, as shown in Exhibit I. It is an important overwintering area for large concentrations of shore and wading birds. It is recommended that a closure period of August 1 to May 1 be posted by the State Commission to protect all wildlife within its boundaries during this critical period. The City may withdraw its concurrence to the establishment of a CWA at any time. Attachments: Proposed Resolution C43i--1 90- 306 t -tee FLORIDA GAME AND FRESH WATER. FISH COMMISSION (; .'I UM RAINEY. D.V.M. MRS. GILBERT W. HUMPHREY THOMAS L. HIRES, SR. (_hair-nan. !Miami Vice-Chnirmar„ Miccosukee Lake Wales ,wisp ROBERT M. BRANTLY, Executive Director c t o e.LLAN I.EGBERT, Ph.D., A#Wsetm Executive Director R s r t! cS, A '.MMrss�� Ms. Arleen Weintraub Assistant Director Department of Development City of Miami 300 Biscayne Boulevard Way Miami, FL 33131 Dear Ms. Weintraub: W 1LLIAM G. BOST CK, JR. L)0N WRIWIT Wiriter Haven Orlindo EVERGLADES REGION 551 North Military Trail West Palm [leach. Florida 33415 -» 43a$4 M3-0748 1-800-432-2046 November 21, 19J9 Enclosed is Rule 39-19.005 of the Florida Administrative Code describing the establishment of Critical Wildlife Areas (CWA). The intent of the rule is to prohibit human disturbance or molestation of wildlife during critical roosting, feeding or - nesting periods. The Game and Fresh Water Fish Commission establishes CWA's with the prior concurrence of the owner of the property to be designated. Mr. Dennis 011e of Tropical Audubon Society has informed me that the mudflats to the north and west c' Virginia limey are the property of the City of Miami. I am interested in establishinG this important.overwintering area for shorebirds as a CWA. UnCc,- such designation, an area would be identified and legally described in the establishment order. A closure period of Augu=;t 1 to May 1 would be specified, and I would be responsible for coordinating the posting of the closed area. At the end of the closure period signs would be removed. During the closure period no person may take or disturb anv wildlife, and the operation or use of a vehicle or entry oy any person would be prohibited. Ms. Arleen Weintraub November 21, 1989 ?age Two I would be happy to meet with you and discuss the details of ,:his proposal at your convenience. 1 look forward to hearing from you. Since el , Mark S. Robson Regional Nongame Wildlife Biologist WLD 4-2-6 Attachment cc:"-., Mr. Jack Luft, City of Miami Mr. Dennis 011e Lt. Col. R. Dan Dunford Mr. Brian Millsap 3 90- 366 V rL_r� 39-19,005 F.A.C. j 1) Critical wildlife areas maybe established by the commission with prior concurrence in such designa- tion by the oAvner of the property wherein the area is situated. Ali areas shall be described in the order with sufficient specificity as to permit identification and Thall be po:,tcd by the commission so as to provide due notice as to the identity and status of the area. The order establishing the critical wildlife area shall con- tain the dates during which the tract shall he ;tccorded maximum protection from human or vehicular distur- bance. (2) No person shall take or disturb any wildlife within any critical wildlife area during the period designate,! by the order establishing such area. During such periods the operation or use of a vehicle or the entry by any person into the area shall constitute molestation ordisturbance in violation of this section. Spar Ao&=*r..A.#L IV. SOLO. ►U Ce"_ 371AI1. i a {A. I.S{ssr+I An. IV. !R. i, *U I mi. HiarE: PW% — s.l-M,, Arr.4d 11.11i1, 6-2141: rr"W.N7 aaw�w.d AIOI► 39-20.002 Establishment (1) The commission shall establish fish manage- ment areas as set forth in ss. 39-14.001 and 39-14.001 L !�lir AMMrN7: AA. IY, Sur. 1, ►ls. (-wl_ 27SJ21, FJ. Imo. Ispkten1N: Art. 1Y, 1rc. s. ►1.. I oat. HUM, Par. — LI.7T: Ar ft& — 621•aS, Pm Mary rrnerred A•2sju 39-20.004 Regulations in Fish Management Areas No person shall take fish in any fish management area except as provided by rules of the commission. (1) Any person fishing on a fish maraagemcnt area %hall be licensed to take fish as provided by s. 372.57. F.S., unless exempt by law. (2) The possession of fishing devices or fishing tackle is prohibited on any fish management area closed to fishing, (3) Daily bag limits and methods of taking fresh- water fish shall be asestablished for the state except as provided under the rules established for a particular fish management area. The possession of nets, fish traps, trotlines or set lines is prohibited unless specifi- cally authorized by rules established for a particular management area. Minnow seines or cast nets may be used for the taking of bait. (4) Persons entering or leaving fish management areas having designated entry points shall enter or leave only at such designated points. (5) Fishing is prohibited in those waters posted as closed to fishing. S►POW A.rwM7: ArL III.f.t.f, MA 17IA21,37LISt.► S. U. Irookwowd: AN.IY, Ss+r. s, ►lA. (as�JA.sEI,►' S.IMivS: Na. — Lt •7T, AarrHi — k+i t, b2112: t'trr111�IS ORMx+d A-28ft AMENA s 158 .._ - emu.- ... ___—.-----�+•— �� 90- 366