June 2018 Commission Meeting

8:30 a.m., Tuesday, June 19

1. Call to Order
   1. Call to Order
   2. Invocation and Pledge of Allegiance to the Flag
2. Administrative Matters
   1. Review and Approve April 2018 Commission Meeting Minutes
   2. Approve Regular Meeting Agenda
   3. Approve Consent Agenda – Any item not approved as part of the consent agenda may be moved to the regular meeting agenda and would be placed elsewhere on the agenda at the discretion of the Chairman.
3. Executive Director’s Report
4. Awards and Recognition
   1. Florida Guides Association Awards
   2. Hunter Safety Instructor of the Year Award
   3. FWC Employee retirement recognition

   ANTICIPATED BREAK

5. Staff Reports
   1. Strategic Initiatives Update.  Staff will present a progress report on the FWC Strategic Initiatives.  Taking into account long-range policy guidance from Commissioners and elements from other planning efforts, FWC Leadership developed seven Strategic Initiatives.  These initiatives emphasized the areas where FWC looked to make significant progress over five to 10 years.  The Strategic Initiatives are a core component of the Agency Strategic Plan for 2014 – 2019.
      Summary Memo
   2. Freshwater Fisheries Program Update. Staff will provide an update on the Freshwater Fisheries Program, including details regarding innovative ways to engage a diverse group of stakeholders concerning freshwater fisheries issues.  As Florida becomes more urbanized, management programs to enhance fish and wildlife habitat, provide public access, improve sport fisheries, and hunting opportunities, require more public participation in the planning process.  Staff are also applying the science of human dimensions to evaluate public attitudes, opinions, and behaviors on issues facing freshwater resources.
      Summary Memo
   3. 2019 Legislative Session: Agency Package and Budget Development Overview.  Staff will provide an overview of the internal process from which agency legislation and budgets are developed, an update on agency trust funds and request direction from the Commission for any additional issues of interest as work is completed over the summer.
      Summary Memo | Timeline
6. Items Requiring Action
   1. Draft Rule – 68D-35.001 Airboat Operator Course (NEW).  Staff will present a proposed draft rule which will establish the minimum acceptable standards and criteria for Commission approval of an airboat operator’s course mandated by subparagraph 327.391(5)(a)3, Florida Statutes, which applies to any airboat operator carrying passengers for hire.  Key components of this draft rule include student requirements, instructor qualifications, course requirements, basic course topics, proof of completion, and refresher course requirements.  These minimum standards are aimed at providing consistency within the airboat operator’s course education industry.  Staff had public meetings prior to finalizing the draft rule language.
      Summary Memo

      NOTE: Staff is requesting Commission approval to advertise the proposed rule 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.

      ANTICIPATED LUNCH BREAK

   2. Draft Rule –68A-12.010 Regulations Covering Operation of Commercial or Private Hunting Preserves and 68A-12 Regulations Covering the Establishment and Operation of Game Farms.  Staff will present draft changes to the rule language related to the operation of hunting preserves and game farms.  The presentation will highlight input from industry licensees which centered on three key areas.  Those include permitting and facility requirements, the clarification and definition of terms used in the rules, and fencing standards to address preventing escape as well as reducing the risk of disease concerns stemming from captive wildlife being introduced into the wild populations. Specific proposed draft rule language is available in the background documents for this agenda item.
      Summary Memo
7. Public Comment on Items Not on the Agenda
8. Recess Tuesday’s Portion of the Meeting no later than 6:00 pm

    

   8:30 a.m., Wednesday, June 20
    

9. Call to Order
10. Staff Report – Coral Reefs

    Staff and invited guests will provide a review and panel discussion of topics related to Florida’s coral reefs.  The review will include information on the status of coral reefs, response to the current disease event, an update on efforts to restore coral reefs, and an overview of management actions in place by FWC and our partners to protect and conserve coral reefs.
    Summary Memo

    ANTICIPATED BREAK

11. Items Requiring Action
    1. Draft Rule – Trap fisheries.  Staff has worked with stakeholders to identify several management needs related to the stone crab, blue crab, and spiny lobster trap fisheries.  These draft rules would establish a mandatory no-cost annual recreational stone crab and blue crab trap registration requirement, modify the spiny lobster pre-season trap soak period, increase the amount of time allowed for commercial harvesters to remove spiny lobster traps from the water after the end of the harvest season, and require that commercial stone crab harvesters maintain active commercial licenses to retain their stone crab trap allotment.  The specific rule language is available in the background documents associated with this agenda item.

       Summary Memo

    2. Draft Rule – Live Food Shrimp.  The commercial shrimp fishery harvests shrimp for food and bait.  Current regulations provide for bait shrimp to be maintained alive whereas food shrimp are required to be iced to maintain proper seafood safety.  Demand for food shrimp sold alive has been expanding in recent years.  Staff will present a proposed draft rule amendment to establish requirements for shrimp harvested for sale as live food.

       68B-31.009 Statewide Food Shrimp Production Restrictions – The proposed draft rule amendment would exclude live food shrimp from seafood icing requirements and establish regulations specific to live food shrimp harvest, such as vessel and vehicle live well specifications and other storage requirements.
       Summary Memo

    ANTICIPATED BREAK

12. South Atlantic Fishery Management Council (SAFMC) Report
    Staff will report on actions from the SAFMC's June 11-15 meeting in Ft. Lauderdale, FL.  Topics include yellowtail snapper, red snapper, establishing limited-entry for federal snapper grouper for-hire permits, and various other snapper grouper species.
    Summary Memo
13. General Counsel Report
14. Future Agenda Items
15. Commissioner Exchange
16. Adjournment
    The next Commission Meeting is scheduled for September 26 – 27, 2018 in Tallahassee/Havana, commencing at 8:30 a.m. each day.

Consent Agenda

1. Draft Rule – 68D-17.001 Vessel Safety Inspection Decal Design and Expiration (NEW).  This proposed draft rule will establish criteria for vessel safety inspection decals issued pursuant to section 327.70(2)(a)1., Florida Statutes, as amended by the Florida Legislature in 2018.  Specifically, the proposed rule will establish a circular decal that will expire on December 31st of each calendar year.  Each decal will alternate in contrasting color from the previous year’s decal. The specific rule language is available in the background documents associated with this agenda item.
   Summary Memo
   

   NOTE: Staff is requesting Commission approval to advertise the proposed rule 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. Draft Rule – 68D-24.004 Private Submerged Land Seagrass Protection Boating Restricted Areas (NEW). This proposed draft rule will provide guidelines for establishing boating restricted areas for waters above privately owned seagrass and contiguous seagrass habitat.  The legislative intent is to provide protection from scarring due to propeller dredging, which is declared in subparagraph 327.46(1)(d), Florida Statutes.  Included within these guidelines will be the criteria for boating restricted area eligibility as well as the application process.  Only privately owned submerged lands adjacent to Outstanding Florida Waters or aquatic preserves will be considered for eligibility.  Staff have worked with the public and stakeholders in the development of this rule proposal. The specific rule language is available in the background documents associated with this agenda item.
   Summary Memo

   NOTE: Staff is requesting Commission approval to advertise the proposed rule 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.

3. Draft Rule – Rule 68A-13.003 Migratory bird hunting regulations.  Review and approval of migratory bird hunting regulations (dove, rail, gallinule, woodcock, snipe, special early waterfowl, regular waterfowl and coot, and limited Canada goose seasons) for the 2018-2019 season.  Staff is seeking approval to publish a Notice of Proposed Rule to increase the bag limit for pintails from one to two to conform to federal frameworks.
   Summary Memo | 68A-13.003 | Summary of Changes

   NOTE: Staff is requesting Commission approval to advertise the proposed rule 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.

4. Federal Consistency – Rule 68A-27.003 Designation of Endangered and Threatened Species; Prohibitions.  Staff is proposing rule amendments to Section one of this rule due to recent changes made by the National Oceanic and Atmospheric Administration to the federal list of endangered and threatened species under the Endangered Species Act (ESA).  State law specifies that the state list of Federally-designated Endangered and Threatened species be revised to remain consistent with the federal list if a species native to Florida is added or reclassified under the ESA.  The Amendment would add the Nassau grouper and the Giant Manta Ray to the state list.
   Summary Memo | 68A-27.003

   NOTE:  If this proposed rule is approved, Commission staff would file the rule as allowed by the noticing requirements of 120.54(6) Florida Statutes, which provides a process for adoption of federal standards without further hearing.

5. Proposed 2019 Commission Meeting dates.  Staff is requesting approval of the tentative dates for the Commission Meetings in calendar year 2019 for planning purposes.