February 2021 Commission Meeting

9:00 a.m., Thursday, February 25th

1. Call to Order
   1. Call to Order
   2. Invocation and Pledge of Allegiance
2. Administrative Matters
   1. Review and Approve December 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. Awards and Recognitions
   1. Rodney Barreto Employee of the Year Award
   2. Louise Ireland Humphrey Lifetime Achievement Award
   Awards Summary
4. Executive Directors Report
5. Rules Requiring Action
   1. Final Rule – Invasive Reptiles. Nonnative species of fish and wildlife can cause significant ecological and economic harm in Florida. During the July 2020 Commission meeting, the Commission directed staff to move forward with soliciting input on draft rules regarding the possession and commercial sale of 16 of the highest risk nonnative reptiles. Staff received feedback through public comment, public workshops and focus groups, and has incorporated revisions to the rule change proposal based on stakeholder concerns, where appropriate. Staff will provide revised rule language and request approval to publish a Notice of Change for the final rule relating to possession and commercial sale; no changes will be made to the updates to the Pet Amnesty rule presented in July. Public comment on this agenda item will be limited to no more than 2 hours.
      Summary Memo | Presentation | 68-5.002 | 68-5.004 | 68-5.005 | 68-5.006 | 68-5.007 | 68-5.008 | Statement of Estimated Regulatory Costs

ANTICIPATED LUNCH BREAK

2. Final Rule – Proposed Rule Changes for Hunting 2021 – 2022. 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 17, 2020. 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 | 68A-1.004 | 68A-13.001 | 68A-13.004 | 68A-13.008 | 68A-15.006 | 68A-15.004 | 68A-15.062 | 68A-15.061 | 68A-15.062 NOC | 68A-15.063 | 68A-15.064 | 68A-15.065 | 68A-17.004 | 68A-17.005 NOC | 68A-17.005 | Summary of Hunting Proposals
3. Final Rule – Chronic Wasting Disease Prevention Measures. Staff will present a proposed final 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. The Commission approved the draft rule on December 17, 2020. 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 | 68A-4.0053
4. Final Rule – Boating Restricted Areas. POSTPONED UNTIL MAY
5. Draft Rule – Jupiter Narrows Boating Restricted Area. Staff will propose rule language to establish a boating restricted area slow speed zone in the Jupiter Narrows. The proposed rule will establish a slow speed minimum wake zone along the ICW channel in the area of the Jupiter Narrows in Palm Beach County. This zone will extend north, starting from the north end of the current boating restricted area established for the Cato Bridge, and will end at the north boundary of Coral Cove Park. The resulting year-round slow speed minimum wake zone will be in effect during weekends and holidays as established in 68D-23.103 F.A.C.Public comment on this agenda item will be limited to no more than 1 hour.
   Summary Memo | Presentation | Jupiter Narrows | Jupiter Narrows Map
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 the 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 Day 2 if needed.)
   Summary Memo | Presentation | 68A-1.004 | 68A-14.001 | 68A-19.002 | 68A-19.004 | 68A-19.006
6. Recess Thursday’s portion of the meeting no later than 6:00 p.m.

9:00 a.m., Friday, February 26th

7. Call to Order
8. Rule Requiring Action – Final Rule – Western Dry Rocks
   Staff will present outcomes from recent workshops and a corresponding proposed final 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; yellowtail snapper; and gray snapper; the proposed final rule would annually prohibit fishing from April 1 – July 31 in a 1-square-mile area near Western Dry Rocks. Public comment on this agenda item will be limited to no more than 1 hour.
   Summary Memo | Presentation | 68B-6
9. Staff Reports
   1. Southwest Red Tide Update: Snook, Redfish and Spotted Seatrout. A prolonged red tide event occurred from November 2017 through February 2019, negatively affecting fish populations in southwest Florida.  In response, FWC took short-term conservation measures making snook, redfish, and spotted seatrout catch-and-release only in a portion of southwest Florida.  The current EO is in effect through May 2021.  Staff will provide an update from FWC’s Fish and Wildlife Research Institute’s monitoring of these species and review options for after the EO expires.  Details 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
   2. Gulf of Mexico Fishery Management Council Report. Staff will report on actions and discussions from the GMFMC’s January 25-28 meeting. Topics will include gray triggerfish, greater amberjack, red snapper, red grouper and king mackerel. Staff will request Commission direction on the 2021 Gulf recreational red snapper season. Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation
10. 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.
11. Future Agenda Items
12. Commissioner Exchange
13. Adjournment
    The next Commission Meeting is scheduled for May 12-13, 2021, 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. Federal Consistency – Multi-Day For-Hire Bag Limit
   Staff will request approval to modify multi-day for-hire bag limits in Rule 68B-14.0036 F.A.C. to be consistent with federal regulations. Under limited circumstances, in state waters, passengers on for-hire trips that span more than 24 hours may possess and land double the bag limit for reef fish. Federal regulations also allow passengers on multi-day for-hire trips in federal waters to possess and land over the daily bag limit under limited circumstances; however, the timeframes, species, and bag/possession limits allowed by federal rule differ from state rules. Because these multi-day for-hire trips primarily occur in federal waters, the proposed rule would update FWC rules regarding these trips for reef fish, king mackerel, and Spanish mackerel to be consistent with existing rules for the Atlantic and rules pending approval by the U.S. Secretary of Commerce for the Gulf of Mexico.
   NOTE: Staff is requesting Commission approval to advertise the proposed rule amendments and file for adoption under the Federal Standards process. If approved, staff will follow the process for adoption of federal standards provided by section 120.54(6), Florida Statutes.
   Summary Memo | 68B-12.004 | 68B-14.0036 | 68B-23.004 | 68B-30.003
2. Tortugas Shrimp Beds Boundary Line Cleanup
   The Commission and the Gulf of Mexico Fishery Management Council (Council) have complementary regulations for the Tortugas Shrimp Beds, which is a protected shrimp nursery area in state and federal waters. The proposed rule change would update boundary coordinates for the Tortugas Shrimp Beds to align with locations of navigational aids, complementing a recent federal change, and clarify existing boundaries. Over time, boundary coordinates in rules can lose their physical references or become inaccurate due to changes such as the repositioning or decommissioning of navigational aids and buoy markers, as well as advances in GPS technology. Details of the proposed rule change are available in the background documents associated with this agenda item.
   NOTE: Staff is requesting Commission approval to advertise the proposed amendment and file for adoption as soon as possible. If the rule amendment is 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.
   Summary Memo | Rule Language
3. Federal Consistency – Black rail and American burying beetle – Threatened and Endangered Species Rule 68A-27.003, F.A.C.
   Staff will seek approval to publish a Notice of Proposed Rule to add the federally Threatened black rail and to revise the American burying beetle to federally Threatened on the Florida Endangered and Threatened Species List in Rule 68A-27.003, F.A.C. These changes will maintain consistency with recent changes to these species listed under the U.S. Endangered Species Act.
   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.
   Summary Memo | 68A-27.003