July 2020 Commission Meeting

9:00 a.m., Wednesday, July 22nd

1. Call to Order
   1. Call to Order
   2. Invocation and Pledge of Allegiance
2. Administrative Matters
   1. Review and Approve May 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 Directors Report
4. Items Requiring Action
   1. Final Rule – Stone Crab. Commercial stone crab landings show a long-term decline in the average annual harvest of stone crab claws despite an increasing trend in market price. Staff will present proposed final rules for commercial and recreational stone crab harvesters to help increase the stone crab population and add resiliency to the fishery, including:
      • Moving the end of stone crab season from May 15 to April 15
      • Extending the post-season trap retrieval period from 5 to 10 days
      • Requiring a 2 3/16” escape ring in all plastic and wood stone crab traps before the 2023/2024 season
      • Increasing the minimum claw size limit by 1/8” to 2 7/8”
      • Limiting the possession of whole stone crabs on the water to 2 checker boxes, each up to 3’ x 2’ x 2’ or 12 cubic ft.
      Public comment on this agenda item will be limited to no more than 2 hours.
      Summary Memo | Presentation | Rule Language
      
   2. Draft Rule – Apalachicola Oysters. Apalachicola Bay historically supported an expansive oyster reef ecosystem that once produced 90% of Florida’s commercial oyster harvest. Harvest dropped dramatically in 2013 and oyster abundance declined each year. In partnership with the community and other organizations, FWC was granted funds for large-scale oyster restoration and to develop an adaptive oyster management plan. Staff will provide an update on the status of Apalachicola Bay oysters, ongoing and future restoration efforts, and propose a draft rule to suspend wild oyster harvest in Apalachicola Bay through December 31, 2025, to support restoration and monitoring efforts. Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | Rule Language
      
   
   ANTICIPATED LUNCH
   
   
   3. Draft 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 a summary of the public feedback received to date and propose a series of draft rules to update statewide management of the commercial and recreational flounder fishery to help improve the long-term sustainability of flounder, including:
      • Increasing the minimum size limit to 14 inches (recreational and commercial)
      • Decreasing the recreational daily bag limit from 10 to 5 fish per person
      • Establishing a commercial trip and vessel limit of 150 fish when harvesting with allowable gear, except in November
      • Establishing a November recreational closure
      • Establishing a November commercial trip and vessel limit of 50 pounds when harvesting with allowable gear
      • Extending all FWC flounder regulations into federal waters
      Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | Rule Language
5. Staff Reports
   1. Marine Fisheries Management Workplan – Staff will review items completed during the 2019-2020 workplan cycle as well as new and ongoing marine fisheries management issues identified by Commissioners, staff, and stakeholders that were selected for the proposed 2020-2021 workplan. Staff will request approval of the workplan for the 2020-2021 fiscal year. Public comment on this agenda item will be limited to no more than 30 minutes.
      Summary Memo | Presentation
      
   2. Gulf of Mexico Fishery Management Council and South Atlantic Fishery Management Council (GMFMC and SAFMC) Reports. Staff will provide a presentation on actions and discussions from the GMFMC’s June 15-18 meeting and the SAFMC’s June 8-11 meeting. Topics will include various reef fish discussions, recent stock assessment updates, and other federal fisheries topics. Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation
      
6. Recess Wednesday’s portion of the meeting no later than 6:00 p.m.

9:00 a.m., Thursday, July 23rd

7. Call to Order
8. Rules Requiring Action
   1. Draft Rules for Invasive Reptiles. During the 2020 legislative session, changes to Section 379.372, Florida Statutes that regulate certain nonnative invasive reptiles in Florida were passed by the legislature and signed by the Governor. The legislative changes will go into effect on July 1, 2020. The changes add restrictions for the possession of green iguanas and all species of tegus and further regulate the possession and allowances for Burmese pythons, North African pythons, reticulated pythons, South African pythons, amethystine pythons, green anacondas, and Nile monitors. Future possession of these species by eligible entities is now limited to research, educational exhibition and for the purposes of control/eradication. Staff will be providing background on the affected species and bringing draft rules to the Commissioners to align current rules with the direction provided by the legislature.
      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
      
   2. Imperiled Species Program Permitting Guidelines. Staff will provide an overview and seek approval for Species Conservation Measures and Permitting Guidelines for eight species included in Florida’s Imperiled Species Management Plan: Florida pine snake (revisions), Florida mouse, gopher frog, mangrove rivulus, Suwannee cooter, and the Lower Keys populations of the red rat snake, striped mud turtle and peninsula ribbonsnake. Staff will also seek approval to publish four Notices of Proposed Rule to add references to these Species Conservation Measures and Permitting Guidelines into rules 68A-25.002, 68A-27.003, 68A-29.002, and 68A-26.002, 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.
      Summary Memo | Presentation | 68A-25.002 | 68A-26.002 | 68A-27.003 | 68A-29.002 | Permitting Guidelines
      
      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 1 hour.
   3. Gopher Tortoise Permitting Guidelines. Staff will provide an overview and seek approval for updates to the Gopher Tortoise Permitting Guidelines. Updates include clarifications on capture, release and survey methodology and reporting, updates to permit duration and renewal for authorized agents, and revisions to infractions. Staff will also seek approval to publish two Notices of Proposed Rule to add references to these Permitting Guidelines into rules 68A-25.002 and 68A-27.003 F.A.C.
      Summary Memo | Presentation | 68A-25.002 | 68A-27.003 | Guidelines
      
      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 1 hour.
9. Staff Report – Marine Debris – This staff report will provide the Commissioners with a comprehensive review and update on FWC’s marine debris reduction work. Marine debris is a complex, ubiquitous, and growing global threat and we are working to increase intra-agency coordination of FWC marine debris efforts, furthering FWC’s capacity to lead, serve as a resource, and partner in statewide and regional marine debris management. Public comment on this agenda item will be limited to no more than 30 minutes.
   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 October 7 – 8, 2020 in Destin, commencing at 8:30 a.m. each day.

Consent Agenda

1. Draft Rule – Atlantic Bluefish. The Atlantic bluefish fishery is managed in federal waters by the Mid-Atlantic Fisheries Management Council (MAFMC) and the Atlantic States Marine Fisheries Commission (ASMFC) coordinates management in state waters. A 2019 federal stock assessment found that Atlantic bluefish is overfished. Due to the overfished status, the MAFMC adopted more restrictive recreational bag limits in federal waters and ASMFC has requested all states implement similar regulations for state waters. Staff will propose draft rules that would modify the recreational bag limit to 3 bluefish per person per day in Florida’s Atlantic state waters and clarify that FWC’s bluefish regulations do not extend into federal waters of the Atlantic.
   Summary Memo | Rule Language
   
   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 rule for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
2. Federal Consistency – King Mackerel – Atlantic Fishery Rule 68B-30.003, F.A.C. A pending federal rule change will increase commercial vessel limits for king mackerel in Atlantic federal waters off Florida. Traditionally, the Commission has set commercial vessel limits for king mackerel in Atlantic state waters to be consistent with federal commercial vessel limits. To maintain consistency, staff propose approval of a federal consistency action updating the Code of Federal Regulations reference for king mackerel commercial vessel limits in state rule once the new federal rule takes effect. This will align vessel limits for commercial harvest of king mackerel in state waters with the vessel limits in federal waters.
   Summary Memo | Handout | Rule Language
   
   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.
3. Federal Consistency – Gulf of Mexico Bryde’s whale – 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 Endangered Gulf of Mexico Bryde’s whale to the Florida Endangered and Threatened Species List in rule 68A-27.003 F.A.C, to remain consistent with the recent federal listing of this species.
   Summary Memo | Rule Language
   
   NOTE: Staff is requesting Commission approval to advertise the proposed rule amendments and file for adoption (along with items 8B and 8C, if approved) as soon as possible. If the rule amendment is approved for advertisement and final adoption, Commission staff will file the rule for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
4. Draft Rule – Rule 68A-25.052 Alligator processing regulations. The proposed draft rule amendment would allow legally acquired, CITES-tagged raw alligator hides to be cut into specified pieces by licensed alligator farmers, alligator meat processors, and alligator hide buyers. This will afford the alligator industry needed flexibility to better utilize good portions of low-quality hides. Detailed proposed rule language is provided in background documents for this item.
   Summary Memo | Rule Language
   
   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.
5. Draft Rules – Electric bicycle regulations on FWC-managed lands. Review and approval of proposed rule amendments to Rules 68A-13.007, 15.004, 15.006, and 17.004, F.A.C. regarding the use of electric bicycles on FWC-managed lands. These revisions are necessary to maintain the status quo regarding electric bicycle use on Commission-managed lands following recent changes to Section 316.003, F.S. Detailed proposed rule language is provided in background documents for this item.
   Summary Memo | 68A-15.004 | 68A-15.006 | 68A-17.004
   
   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.