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May 2019 Commission Meeting

Date: May 1, 2019 Time: 8:30 am
Date: May 2, 2019 Time: 8:30 am
Location:

Florida Public Safety Institute
85 Academy Drive
Havana, Florida 32333
This meeting is open to the public
May2019Minutes.pdf

The Florida Fish and Wildlife Conservation Commission (Commission) is committed to providing opportunity for public input at each Commission meeting. As standard practice, the Commission will welcome public input regarding agenda items using the approved speaker registration process and time limits. To accommodate as much input as possible from those attending, the Chairman reserves the right to designate the amount of time given to a topic or speaker, including time donation to other speakers. With regard to public comment on items not on the agenda, the Commission will have a designated time period on the agenda at the end of day 1, May 1st. The deadline for registration to speak on items not on the agenda is 1:00 pm on May 1st. 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.

Agenda items may be re-ordered or moved by the Chairman to different days of the meeting to accommodate scheduling issues. The Chairman may also ask staff and the public to work through lunch on either day. Please plan accordingly. 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.

For information on lodging and restaurants in the area, you may call the Gadsden County Chamber of Commerce at (850) 627-9231 or find additional details at www.gadsdencc.com.

Anyone who is unable to participate in the meeting may submit comments in writing to Commissioners@MyFWC.com.

 

8:30 a.m., Wednesday, May 1st

  1. Call to Order
    1. Call to Order
    2. Invocation and Pledge of Allegiance to the Flag
  2. Administrative Matters
    1. Review and Approve February 2019 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.
    4. FWC Employee Retirement Recognition
  3. Executive Director’s Report

ANTICIPATED BREAK

  1. Staff Report – Red Drum, Snook and Seatrout: Southwest Florida Update
    Staff will review updated fisheries monitoring data for red drum, snook, and spotted seatrout populations in southwest Florida and discuss localized impacts to these fisheries from a prolonged red tide bloom that occurred from Nov. 2017 through Feb. 2019. Staff will also provide recommendations for further management actions related to these fisheries in the impacted area.
    Summary Memo | Presentation
  2. Items Requiring Action
    1. Draft Rule – Spotted Seatrout. Management of Florida’s spotted seatrout fishery is divided into four geographic zones: Northwest, Southwest, Southeast, and Northeast. A recent stock assessment completed by FWC’s Fish and Wildlife Research Institute suggest that spotted seatrout are not meeting the Commission’s management target in some of these management zones. Spotted seatrout are also susceptible to localized impacts and staff has heard concerns that seatrout in some parts of the state have been negatively affected by significant environmental events in recent years. Staff will present a summary of the assessment and public feedback gathered on this fishery as well as a series of proposed draft rule amendments for each management zone that are intended to improve the fishery and angler satisfaction. Details of the proposed changes are provided in background documents for this item.
      Summary Memo | Presentation | Rule Language
    2. Draft Rule – Reef Fish Management Updates. Staff will present proposed draft rules to update FWC’s reef fish regulations (68B-14, F.A.C.) based on stakeholder feedback, consistency with federal regulations, needed clarifications and technical updates. Proposed changes include: designating blueline tilefish as a restricted species, setting a minimum size limit for commercial harvest of almaco jack in the Atlantic, removing minimum size limits for blackfin, queen, and silk snapper, clarifying trip limits for red porgy, as well as other clarifications and technical updates.
      Summary Memo | Presentation | Rule Language
      NOTE: Staff is requesting Commission approval to advertise the proposed 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.

ANTICIPATED LUNCH

    1. Draft Rule – Spanish Mackerel. Staff proposes a draft rule that will modify in-season commercial vessel limit reductions for Atlantic Spanish mackerel to be more consistent with those in federal rule. The proposed draft rule will also maintain unique FWC regulations to keep the different weekday and weekend vessel limits starting on December 1, and a 500 lbs. vessel limit in state waters when harvest is closed in federal waters. As part of the ongoing, inter-divisional Marine Fisheries Rule clean-up efforts, staff also proposes standardizing the organization and language in the Spanish mackerel chapter (68B-23, Florida Administrative Code (F.A.C.)).
      Summary Memo | Presentation | Rule Language
      NOTE: Staff is requesting Commission approval to advertise the proposed 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.
    2. Final Rule – Scallops. At the February 2019 Commission meeting, the Commission approved draft rule proposals to set long-term season dates throughout the open harvest area beginning in 2020 and allow direct transit of legally-harvested scallops across closed areas. Based on Commission direction and public feedback received since the draft rule hearing, staff will present a series of final rules to allow the direct transit of scallops across closed areas, extend the allowable harvest area through Pasco County, set long-term bay scallop season dates throughout the harvest area, and implement reduced harvest limits during June for the area open to harvest prior to July 1. Staff will also recommend allowing direct transit of legally-harvested scallops through closed areas during the 2019 season via Executive Order. Staff will return early next year for consideration of Gulf County 2020 season.
      Summary Memo | Presentation | Rule Language
  1. Staff Reports
    1. Gulf of Mexico Fishery Management Council Report. Staff will report on actions from the GMFMC’s April 1-4 meeting in Biloxi, MS. Topics will include red snapper, red grouper, gray triggerfish, and greater amberjack. Staff will request Commission direction on modifying the recreational harvest seasons for Gulf gray triggerfish and greater amberjack to be consistent with recently-announced closures for Gulf federal waters.
      Summary Memo | Presentation
    2. South Atlantic Fishery Management Council Report. Staff will report on actions and discussions from the SAFMC's March 4-8 meeting in Jekyll Island, GA. Topics included dolphin, best fishing practices for snapper grouper species, red snapper, sector allocations, and recreational harvest estimates.
      Summary Memo | Presentation
    3. Staff Report – Overview of Freshwater Fisheries Management Programs. Staff will provide an update on the programs of the Division of Freshwater Fisheries Management, including the status of Florida’s freshwater fisheries, management challenges, restoration projects, and stakeholder engagement. As Florida becomes more urbanized, management programs to enhance aquatic habitat, provide public access, and improve sport fisheries require more public participation in the planning process. Using social science studies, staff are evaluating public attitudes, opinions, and behaviors on issues facing freshwater resources.
      Summary Memo | Presentation
  2. Public Comment on Items Not on the Agenda
  3. Recess Wednesday’s Portion of the Meeting no later than 6:00 pm

8:30 a.m., Thursday, May 2nd

  1. Call to Order
  2. Staff Reports
    1. Coral Reefs. Staff and invited guests will provide a review and panel discussion of topics related to the multi-agency response to the coral disease outbreak on the Florida reed tract including progress to date and long-term strategies to preserve genetic diversity and restore coral communities
      Summary Memo | Presentation

ANTICIPATED BREAK

    1. Budget and Legislative Update. Staff will present an update on the FY 2019/2020 Legislative Budget Requests and the status of legislation during the 2019 Session.
      Summary Memo
  1. Items Requiring Action - Captive Wildlife Program Overview
    Staff will present an overview of the captive wildlife program including a brief history of the section and a review of current operations. Staff will propose rule development plans and stakeholder engagement efforts for the future. Finally, staff will seek approval for a restructuring of Chapter 68-6, F.A.C. The proposed rule amendment includes a substantial reorganization of the Chapter but no substantive changes. Results of stakeholder and public workshops will be presented Public Comment on this agenda item will be limited to 1 hour.
    Summary Memo | Presentation
    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. General Counsel Report
  3. Future Agenda Items
  4. Commissioner Exchange
  5. Adjournment
    The next Commission Meeting is scheduled for July 17 – 18, 2019 in Stuart commencing at 8:30 a.m. each day.

Consent Agenda

  1. 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 2019-2020 season. Staff is seeking approval to publish a proposed rule to change the bag limits for pintails from two to one and for mallards from four to two (of which only one can be a hen) to conform to federal frameworks. Detailed proposed rule language is provided in background documents for this item.
    Summary Memo | 68A-13.003 | Seasons
  2. Draft Rule – Rule 68A-15.065 Cleanup related to Caravelle Ranch WMA. Staff are switching all existing special-opportunity dove hunts to no-cost, limited entry hunts to help improve utilization of these hunts. The proposed rule change will remove language that is no longer needed to provide for dove hunting opportunities on Caravelle Ranch WMA. Detailed proposed rule language is provided in background documents for this item.
    Summary Memo | 68A-15.065
    NOTE: Staff is requesting Commission approval to advertise proposed amendments for both of Items 1 and 2 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 hearings.
  3. Draft Rule – 68-1.003 Recruit, Retain and Reactivate (R3) Fishing Grants Program. The R3 Fishing grants program is a new initiative that will provide financial assistance to partners who conduct R3 Fishing programs and activities in Florida. The goals of the R3 Fishing grant program are to increase the numbers of anglers in Florida, diversify participation in angling, and increase awareness of the value of aquatic conservation. The proposed grant rule focuses on supporting R3 related efforts that are designed to help reach these goals and evaluate effectiveness of programming. The creation of this grant program includes guidelines, an application process, and an internal review process to evaluate project submittals. FWC staff believes that implementation of this grant program is an integral component to FWC reaching R3 goals.
    Summary Memo | 68-1.003
  4. Technical Changes – Rules 68A-16.003 Non-listed Migratory Bird Nests and 68A-27.005 F.A.C. Florida Endangered and Threatened Species List. Staff received approval from the Commission at the February 20, 2019 meeting to publish amendments to two rules. Following publication, the Joint Administrative Procedures Committee requested that we make some technical changes to more accurately incorporate the Commission approved Guidelines by reference and make the effective date for Guidelines clear in rule. The changes are technical in nature and are provided in a separate document for review. Due to an error in advertising final hearing dates, these rules require final approval.
    Summary Memo | Clarification