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December 2020 Commission Meeting

Date: Dec 16, 2020 Time: 9 a.m.
Date: Dec 17, 2020 Time: 9 a.m.
Location:

Live Video Conference

The meeting will be broadcast via Adobe Connect and the Florida Channel.
Public comments will be accepted via comment form or mail in advance of the meeting or via call-in number during the meeting.

 
This meeting is open to the public
Dec2020minutes

The Florida Fish and Wildlife Conservation Commission (Commission) is committed to providing opportunity for public input at each Commission meeting. 

Comments are also welcome via call-in during designated portions of the meeting. For comments received during the meeting, the Chairman reserves the right to designate the amount of time given to a topic or speaker. The Commission will have a designated time period for items not on the agenda at the end of day two, December 17th. Those who wish to offer comments during this period will be asked to make sure their comments are not related to any agenda item.

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. Contact the agency using the Florida Relay Service at (800) 955-8771 (TDD) or (800) 955-8770 (Voice) if you are hearing or speech impaired.

The Chairman may opt to take action on any agenda item presented, even those listed as staff reports. Agenda items may be re-ordered or moved by the Chairman to different days of the meeting to accommodate scheduling issues. The meeting may include fact-finding field trips to Commission-managed areas or facilities, or to other areas to learn about management and enforcement activities.

If any person decides to challenge any decision with respect to any matter considered at the meeting, he or she may need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the challenge is based.

 

9:00 a.m., Wednesday, December 16th

  1. Call to Order
    1. Call to Order
    2. Invocation and Pledge of Allegiance
  2. Administrative Matters
    1. Review and Approve October 2020 Commission Meeting Minutes
    2. Approve Regular Meeting Agenda
    3. Approve Consent Agenda
      Details for all consent agenda items are listed at the end of this document. Any questions or concerns about a consent agenda item should be addressed to agency staff prior to the Commission meeting. Any item not approved as part of the consent agenda may be moved to the regular agenda at the discretion of the Chairman.
  3. Executive Director’s Report
    Report
  4. Rules Requiring Action
    1. Final Rule – Apalachicola Bay Oysters. Apalachicola Bay historically supported expansive oyster reefs and a culturally important oyster fishery. Harvest dropped dramatically in 2013 and oyster abundance continues to remain at historic lows. In early 2020, FWC was granted funds for large-scale oyster restoration and to develop an adaptive oyster management plan. At the July 2020 meeting, the Commission supported restoration efforts in the Bay by approving draft rules to suspend harvest of wild oysters and prohibit on-the-water possession of tongs, and by proactively implementing these measures by Executive Order. Staff will present proposed final rules that establish these conservation measures in rule through December 2025. Staff will continue monitoring oyster recovery and can evaluate whether harvest opportunities are available prior to December 31, 2025.
      Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | Rule Language
    2. Final Rule – Flounder. A stock status update completed by FWC’s Fish and Wildlife Research Institute found that the flounder fishery on the Atlantic coast of Florida is likely overfished and undergoing overfishing and that there has been a general decline in the fishery statewide in recent years. Staff will present proposed final rules to update statewide management of the commercial and recreational flounder fishery including:
      • Extending all FWC flounder regulations into federal waters
      • Increasing the minimum size limit to 14 inches (recreational and commercial)
      • Decreasing the recreational daily bag limit to 5 fish per person
      • Establishing an October 15 – November 30 recreational closure
      • Establishing seasonal commercial trip and vessel limits when using allowable gear of 150 fish except from October 15 – November 30 and 50 fish from October 15 – November 30
      • Modifying the incidental bycatch limit for non-allowable gear to 50 fish
      • Creating a federal waters trawl bycatch limit of 150 fish except from October 15 – November 30 and 50 fish from October 15 – November 30.
      Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | Rule Language
    3. Draft Rule – Western Dry Rocks. When used in combination with traditional management tools, such as size limits, bag limits, and vessel limits, the protection of fish spawning aggregations can provide a comprehensive strategy for sustainable fisheries management. Staff will present a proposed draft rule to seasonally protect a multi-species fish spawning aggregation in the lower Florida Keys. To provide protections for spawning fish across multiple important commercial and recreational fisheries, including mutton snapper; permit; and gray snapper; the proposed draft rule would annually prohibit fishing from May – June in a 1 square mile area near Western Dry Rocks.
      Public comment on this agenda item will be limited to no more than 2 hours.
      Summary Memo | Presentation | Rule Language

      ANTICIPATED LUNCH BREAK

  5. Staff Reports
    1. Review and Discussion – Florida pompano, permit, and African pompano. Staff will provide an overview of Florida’s permit, pompano, and African pompano fisheries. Topics will include biology, management history, and recent stakeholder requests related to management of these species.
      Public comment on this agenda item will be limited to no more than 30 minutes.
      Summary Memo | Presentation
    2. Review and Discussion – Sharks. Staff will provide a review and discussion of topics related to sharks. This presentation will include information on the current status of sharks worldwide and in the eastern United States, management of sharks, and an overview of a variety of Florida shark-related topics, including negative interactions between fishermen and sharks.
      Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation
    3. Review and Discussion – Spiny Lobster. Staff will provide an overview of Florida’s spiny lobster fishery. Topics will include overviews of the spiny lobster fishery, commercial harvesting methods, casitas, and other spiny lobster fishery topics.
      Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | White Paper
    4. Gulf of Mexico Fishery Management Council (GMFMC) Report. Staff will provide a presentation on actions and discussions from the GMFMC’s Oct. 26-29 and Nov. 30 – Dec. 1 meetings. Expected topics include red snapper, red grouper, king mackerel, and cobia.
      Public comment on this agenda item will be limited to no more than 30 minutes. (This item could be moved to Day 2 if needed).
      Summary Memo | Presentation
    5. South Atlantic Fishery Management Council (SAFMC) Report. Staff will provide a presentation on actions and discussions from the SAFMC’s December 7-11 meeting. Expected topics include dolphin, various reef fish, and king mackerel.
      Public comment on this agenda item will be limited to no more than 30 minutes. (This item could be moved to Day 2 if needed).
      Summary Memo | Presentation
  6. Recess Wednesday’s portion of the meeting no later than 6:00 p.m.

9:00 a.m., Thursday, December 17th

  1. Call to Order
  2. Rules Requiring Action
    1. Draft Rule – Proposed Rule Changes for Hunting 2021 – 2022. Staff will present draft rule amendments to revise select statewide hunting regulations; specific area regulations on wildlife management areas, wildlife and environmental areas, and miscellaneous areas; and to conform hunting dates to calendar year date changes. Detailed proposed rule language is provided in background documents for this item.
      Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | Rule Changes | WMA 21-XX
    2. Draft Rule – Boating Restricted Areas. Staff will present rule amendments to 68D-21.001 F.A.C. to define a launching and landing facility, clarify language pertaining to the use of traffic studies to determine unsafe levels of traffic congestion, and explain the types of citations, warnings and accident reports used as proof when applying for a Boating Restricted Area. Staff will also present rule amendments to 68D-21.004 F.A.C. to clarify standards of proof for Boating Restricted Area Ordinance review and approval with regards to citations, warnings and boating accident reports. Changes also incorporate the use of video surveillance as a method of data collection for traffic studies, as well as clarify the amount of data needed for different types of Boating Restricted Areas, i.e. weekend versus year-round slow speed zones. This information can be considered by the Commission when reviewing and approving County/Municipal ordinances seeking to establish Boating Restricted Areas pursuant to Section 327.46 F.S.
      Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | Draft Rule | Form CG2692 | Form CG3865 | Form FWCDLE-146 | Form FWCDLE-146C
    3. Final Rule – Imperiled Species Management Plan Guidelines. Staff will provide an overview and seek approval for Species Conservation Measures and Permitting Guidelines for the Southeastern American kestrel and the Florida tree snail, both included in Florida’s Imperiled Species Management Plan. Staff will also seek approval to publish a Notice of Proposed Rule to add references to these Species Conservation Measures and Permitting Guidelines into rule 68A-27.003, F.A.C. Guidelines contain information on voluntary conservation practices, describe ways to avoid take, and outline permitting requirements when take cannot be avoided. In some cases, the Guidelines also authorize take for human safety and certain forestry management activities.
      NOTE: Staff is requesting Commission approval to advertise the proposed rule amendments and file for adoption as soon as possible. If the rule amendments are approved for both advertisement and final adoption, Commission staff will file the rules for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
      Public comment on this agenda item will be limited to no more than 30 minutes. (This item could be moved to Day 1 or a future meeting if needed).
      Summary Memo | Presentation | Guidelines | 68A-27.003
    4. Draft Rule – Diamondback Terrapin. Staff will provide an overview of diamondback terrapin status and the threats to the species, and provide updates on work related to a petition received by the Commission in January 2020 to require bycatch reduction devices (BRDs) in blue crab traps to protect diamondback terrapin from mortality. Due to concerns about the conservation status of terrapins, staff will also outline ongoing conservation efforts and propose several regulatory measures to improve the status and prevent continuing decline. Staff will present a draft rule to further prohibit take and limit possession, incorporate permit applications for individuals legally possessing diamondback terrapins, and require BRDs in recreational and commercial blue crab traps fished in some areas of the state. Specific details on the proposal, including a map of areas proposed for requiring BRDs in blue crab traps, can be found in the background materials for this item.
      Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | Applicant Guidance | Draft Rule | Blue Crab

      ANTICIPATED LUNCH BREAK

    5. Final Rule – Regulations for Hunt Preserves, Rule 68A-12.010 F.A.C. and Game Farms, Rule 68A-12.011 F.A.C. Staff will present a rule amendment to modify the rule language limiting the maximum size of hunting preserves from 10,000 acres to no maximum. The proposed changes also include language to allow for the sale of native white-tailed deer venison from game farms, as well as, hunting preserve licensees that are dissolving their business.
      NOTE: Staff is requesting Commission approval to advertise the proposed rule amendments and file for adoption as soon as possible. If the rule amendments are approved for both advertisement and final adoption, Commission staff will file the rules for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
      Public comment on this agenda item will be limited to no more than 30 minutes. (This item could be moved to day 1 if needed).
      Summary Memo | Presentation | 68A-12.010 | 68A-12.011
    6. Draft Rule – Restricted Hunting Area Establishment. Staff will present draft rule amendments related to establishing restricted hunting areas and bird sanctuaries. The proposed changes would eliminate the option of establishing bird sanctuaries and provide clear, objective criteria for establishing restricted hunting areas. Detailed proposed rule language is provided in background documents for this item.
      Public comment on this agenda item will be limited to no more than 1 hour. (This item could be moved to a future meeting if needed).
      Summary Memo | Presentation | 68A-1.004 | 68A-14.001 | 68A-19.002 | 68A-19.004 | 68A-19.006
    7. Draft Rule – Chronic Wasting Disease Prevention Measures. Staff will present a draft rule amendment related to importing or possessing whole carcasses and certain parts thereof of any species in the family Cervidae (deer family) originating from any place outside of Florida. The proposed changes support efforts to protect Florida’s deer population by reducing the risk of chronic wasting disease being introduced into the state. Detailed proposed rule language is provided in background documents for this item.
      Public comment on this agenda item will be limited to no more than 1 hour. (This item could be moved to a future meeting if needed).
      Summary Memo | Presentation | Draft Rule
  3. Public Comment on Items Not on the Agenda
    Public comment on items not on the agenda will be limited to no more than 3 hours.
  4. Future Agenda Items
  5. Commissioner Exchange
  6. Adjournment
    The next Commission Meeting is scheduled for February 25 – 26, 2021 in Gainesville, commencing at 8:30 a.m. each day.

Consent Agenda
Any questions about consent agenda items should be addressed to agency staff prior to the Commission meeting.

  1. 2021 FWC Commission Meeting Dates. Staff are requesting approval of the amended 2021 Commission Meeting Dates. These dates can be found in the background documents for this item.
    2021 Dates and Locations