February 2020 Commission Meeting

8:30 a.m., Wednesday, February 19th

1. Call to Order
   1. Call to Order
   2. Invocation and Pledge of Allegiance
2. Administrative Matters
   1. Review and Approve December 2019 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 Directors Report
4. Awards and Recognition
   1. FWC Staff Retirement Recognitions
   2. Private Landowner of the Year Award
   3. Shikar Safari Wildlife Officer of the Year Award
   4. Rodney Barreto Employee of the Year Award
   5. Louise Ireland Humphrey Lifetime Achievement Award
      
      
   ANTICIPATED BREAK
   
   
5. Items Requiring Action
   1. Florida Keys National Marine Sanctuary. Staff will provide a presentation and seek Commission approval on proposed regulatory changes for the Sanctuary.
      Summary Memo | Presentation
   2. Final Rule – Gulf Red Snapper. Staff will present the final rule proposal to allow FWC to manage harvest of red snapper by private recreational anglers in Gulf federal waters. Staff will also update the Commission on the results of the 2019 recreational red snapper harvest season and ask direction to finalize the 2020 Gulf recreational red snapper season, which is proposed for June 11 – July 25 (45 days).
      Summary Memo | Presentation | Rule Language
   3. Final Rule – Biscayne National Park Fishing Regulations. Staff will present proposed final rules for Biscayne National Park (BNP) implementing BNP’s Fishery Management Plan (FMP). The FMP, which was developed jointly by the FWC and the National Park Service and approved by the Commission, includes goals to increase the size and abundance of targeted fishery species in BNP by 20% and provide for habitat protection within the Park. These rules would create bag and size limits for species commonly targeted within BNP and spatial gear and harvest limitations intended to reduce user conflicts and conserve coral within BNP.
      Summary Memo | Presentation | Rule Language | Science Plan
      
      
   ANTICIPATED LUNCH
   
   
   4. Draft Rule – State Reef Fish Survey. Staff will present a proposed draft rule that would replace the Gulf Reef Fish Survey (GRFS), which expires June 30, 2020, with a State Reef Fish Survey (SRFS). Private recreational fishers would be required to sign up for SRFS if they intend to fish for or possess certain reef fish species while aboard a vessel in or on Florida waters. This requirement would better define the population of private recreational reef fish harvesters for survey purposes, leading to improved recreational data, and improved fisheries management opportunities for reef fish statewide. Persons under 16 years of age and persons aboard for-hire vessels, would be exempt from the requirement. Details of the proposed changes are provided in the background documents for this item.
      Summary Memo | Presentation | Draft Rule Language
   5. Snook, Red Drum and Seatrout – Southwest Florida Update. In response to a prolonged red tide that occurred in southwest Florida from November 2017 to February 2019, the Commission directed staff to implement short-term conservation measures via Executive Order (EO) to reduce harvest of some impacted fish populations. The current catch-and-release measures for snook, red drum, and spotted seatrout, are scheduled to be in effect until May 31, 2020. FWC’s Fish and Wildlife Research Institute has continued to monitor the status of these fisheries and staff will provide an update on this information and stakeholder input to date. Staff will also provide recommendations for management actions for these fisheries in portions of southwest Florida. Details of the recommendations can be found in the background materials for this item.
      Summary Memo | Presentation
6. Staff Report and Action Item – Gulf of Mexico Fishery Management Council Report
   Staff will report on actions and discussions from the GMFMC’s January 27-30 meeting in New Orleans, LA. Topics will include greater amberjack, red grouper, and other reef fish discussions. Staff will request Commission direction on possible recreational closure for grey triggerfish.
   Summary Memo | Presentation
7. Public Comment on Items Not on the Agenda
8. Recess Wednesday’s portion of the meeting no later than 6:00 p.m.

8:30 a.m., Thursday, February 20th

9. Call to Order
10. Staff Reports
    1. State Legislative and Budget Update. Staff will present brief updates on legislative and budget issues being considered during the 2020 legislative session.
       Summary Memo | Lobby Document
    2. Federal Congressional Update. This item will cover legislative activity by Congress relating to fisheries and wildlife issues.
       Summary Memo | Presentation
11. Rules Requiring Action
    1. Final Rule – Rule Changes for Hunting 2020 – 2021. Staff will present final 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. The Commission approved draft rules on December 11, 2019. Detailed proposed rule language is provided in background documents for this item and includes a Notice of Change.
       NOTE: Staff is requesting Commission approval to advertise the Notice of Change to the proposed draft rules and file for adoption as soon as possible. If approved, Commission staff will file the rules for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing
       Summary Memo | Presentation | Hunting Proposals | 68A-12.002 | 68A-12.007 | 68A-12.007 NOC | 68A-15.006 | 68A-15.061 NOC | 68A-15.061 | 68A-15.062 | 68A-15.063 | 68A-15.064 | 68A-15.065 | 68A-17.005
    2. Draft Rule – Proposed Changes to Private Lands Alligator Management Rule. Staff will present a draft rule amendment that will increase sustainable access to the alligator egg resource on permitted properties and strengthen participant accountability in an effort to achieve improvements desired by program participants and staff. Detailed proposed rule language is provided in background documents for this item.
       Summary Memo | Presentation | Draft Rule
12. Staff Reports
    1. Anchoring and Mooring Pilot Program/Derelict Vessel Update. This staff report will provide Commissioners with a comprehensive review of the 2009 Anchoring and Mooring Pilot program and the Derelict Vessel (DV) Removal grant program year to date. The Anchoring and Mooring Pilot program review will include a summary of the 242-page report of findings and recommendations turned into the Florida Legislature and the Governor’s Office, as well as the subsequent Anchoring and Mooring legislation passed during the 2017 legislative session. The DV Removal grant program update will include current grant requests, numbers of vessels removed or scheduled to be removed, the impact of the most recent program rule changes and future plans for the program.
       Summary Memo | Presentation
    2. Global Turtle Demand and Illegal Trafficking. Staff will provide an update on the global demands on turtles and actions that are being taken to combat illegal trafficking in Florida.
       Summary Memo | Presentation
13. Future Agenda Items
14. Commissioner Exchange
15. Adjournment
    The next Commission Meeting is scheduled for May 13 – 14, 2020 in Miami, commencing at 8:30 a.m. each day.

Consent Agenda

1. Draft Rule – St. Johns River Boating Restricted Areas 68D-24.018 F.A.C. The existing Mullet Lake Park and Lemon Bluff flood zones on the St. John’s River are currently restricted at idle speed no wake when the St. John’s River water level is 6.3 feet or higher as indicated by the St. John’s River Water Management District gauge at the Jessup Station. FWC is proposing to change the reporting flood gauge for these flood zones from the Jessup Station to the Lake Harney Station at 8 feet or higher because the new location is electronically maintained and located “upstream” of the area needing protection. This change was requested by the county, as well as FWC law enforcement in the area, to allow for quicker action to be taken as a flood is occurring.
   NOTE: Staff is requesting Commission approval to advertise the proposed rule amendments and file for adoption as soon as possible. If approved, Commission staff will file the rules for adoption as allowed by s. 120.54(3) Florida Statutes without further public hearing.
   Summary Memo | Draft Rule Language
2. Draft Rule – Gulf County (St. Joseph Bay) Scallops 68B-18.002 and 68B-18.005 F.A.C. In May 2019, the Commission approved modifications to long-term bay scallop season dates beginning with the 2020 season. To allow flexibility to continue evaluating restoration efforts and the effects of environmental events, the Commission also directed staff to return for further consideration of the long-term Gulf County (including St. Joseph Bay) season. Based on feedback from the community and supporting requests from local government, the proposed draft rule modifies the long-term bay scallop season for Gulf County to begin on Aug. 16 and continue through Sept. 24. The proposed season is similar to seasons established for Gulf County by Executive Order in recent years and is expected to provide both a sustainable scallop population and economic benefits to the region.
   NOTE: Staff is requesting Commission approval to advertise the proposed draft rules and file for adoption as soon as possible. If approved, Commission staff will file the rules for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
   Summary Memo | Presentation | Draft Rule Language
3. Notice of Change – Licensing Proof of Residency Rule 68-1.012, F.A.C. In October 2019, the Commission approved a rule that clarified the methods applicants may use to demonstrate Florida residency when applying for Commission recreational licenses, permits or authorizations.
   When staff moved to adopt these changes into the Rule, the Joint Administrative Procedures Committee (JAPC) provided comments that the Rule should include how military service members stationed in Florida, and the family members who reside with them, can provide proof of residency, in accordance with section 379.101(30), F.S. In addition to the other forms of proof already provided in the Rule, this rule amendment would allow these service members and their family members who reside with them to acquire resident recreational licenses, permits, or authorizations, by presenting Armed Services orders stationing the member in Florida. Such orders would have to be presented at a licensing subagent location or a Tax Collector’s office.
   Section 379.101(31), F.S. provides that resident aliens with documentation from the Bureau of Citizenship and Immigration Services evidencing permanent residency status in the United States who have also resided in Florida for at least a year also qualify for resident recreational licenses, permits, or authorizations. This rule amendment further provides that these resident aliens may acquire resident licenses, permits, or authorizations at a licensing subagent location or a Tax Collector’s office by providing documentation from the Bureau of Citizenship and Immigration Services evidencing permanent residency status in the United States as well as one valid form of documentation provided in the Rule, issued at least one year prior to application.
   NOTE: Staff is requesting approval to publish a Notice of Change to the previously filed Notice of Proposed Rule and then file for adoption as soon as possible as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
   Summary Memo | Notice of Change
4. Notice of Change – Elephant Rides Rule 68A-6.007, F.A.C. At the October 2019 Commission meeting, the Commission directed staff to publish amendments to the rule regulating elephant rides in Florida. Those amendments would establish new barrier requirements to address public safety concerns as well as enhance the experience requirements for qualified elephant handlers. Draft rule changes will also clarify rule language for application requirements. After review by the JAPC, staff will request approval to publish a Notice of Change to add a reference to the existing rule which sets forth captive wildlife licensing requirements and clarify that no person shall intentionally attempt to weaken or breach the integrity of any boundary or barrier. No other changes were identified nor requested.
   NOTE: Staff is requesting approval to publish a Notice of Change to the previously filed Notice of Proposed Rule and then file for adoption as soon as possible as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
   Summary Memo | Notice of Change
5. Proposed Rule Amendment – Boating Infrastructure Grant Program Rule 68-1.003(12), F.A.C. To provide clarification concerning how to apply for Boating Infrastructure grants, the Boating Infrastructure Grant Program Guidelines (dated 2/2019) and FWC/BIGP-APP, Boating Infrastructure Grant Program Grant Application (dated 2/2019) are being amended to incorporate more clear instructions for submitting an application package; specifically, the required number and format of copies, and the deadline and location for submission.
   NOTE: If the rule amendments are approved, staff propose to both advertise the proposed rule change and file for adoption as soon as possible as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
   Summary Memo | Draft Rule Language | Guidelines | Application
6. Notice of Change – Rule 68-1.003(11) F.A.C. – Florida’s State Wildlife Grants Program. Staff obtained approval at the December Commission meeting for amendments to the rule used for issuance of State Wildlife Grants. Those amendments incorporated by reference new Program Guidelines. The Notice of Proposed Rulemaking was published on December 13, 2019. A response letter from the JAPC prompted staff to reword one paragraph about how grantees need to submit their Metadata to the agency. Staff are seeking approval of the amended Program Guidelines and will incorporate the new guidelines in the rule through a Notice of Change.
   NOTE: Staff is requesting approval of the amended section in the Guidelines, approval to publish a Notice of Change to the previously filed Notice of Proposed Rule and then file for adoption as soon as possible as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
   Summary Memo | Amendment