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May 2021 Commission Meeting

Date: May 12, 2021 Time: 9:00 am
Date: May 13, 2021 Time: 9:00 am
Location:

Live video conference link-
The meeting will be broadcast via Adobe Connect and the Florida Channel.
Public comments will be accepted via comment form or mail in advance of the meeting, and via call-in number during the meeting.
This meeting is open to the public
May2021minutes

The Florida Fish and Wildlife Conservation Commission (Commission) is committed to providing opportunity for public input at each Commission meeting.

Comments are also welcome during designated portions of the meeting. To accommodate as much input as possible, the Chairman reserves the right to adjust 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 specific period on the agenda at the end of day two, May 13th. 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.

The Chairman may opt to take action on any agenda item presented, even those listed as staff reports. Agenda items may be re-ordered or moved by the Chairman to accommodate scheduling issues. The meeting may include fact-finding field trips 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.

9:00 a.m., Wednesday, May 12th

  1. Call to Order
    1. Call to Order
    2. Invocation and Pledge of Allegiance
  2. Administrative Matters
    1. Review and Approve February 2021 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
    ED Report
  4. Awards and Recognition – POSTPONED
  5. Roundtable Discussion – Sharks
    Staff and invited guests will provide a review and panel discussion of topics related to interactions between fishermen and sharks in Florida waters, including reviewing the results of a recently conducted survey that focused on angler experiences with predators when fishing. This item is a panel discussion for the Commissioners and there will be no real-time public comment period. Comments may be submitted in writing in advance of the meeting.
    Summary Memo | Presentation | Survey Report

ANTICIPATED LUNCH BREAK

  1. Rules Requiring Action
    1. Final Rule – Boating Restricted Areas. Staff will present final rule language for approval to 68D-21.001 F.A.C. to define a launching and landing facility, clarify language pertaining to the use of traffic studies to determine unsafe levels of traffic congestion, and explain the types of citations, warnings, and accident reports used as proof when applying for a Boating Restricted Area. Staff will also present final rule language for approval to 68D-21.004 to clarify standards relating to proof for Boating Restricted Area Ordinance review and approval with regards to citations, warnings, and boating accident reports. Changes also incorporate the use of video surveillance as a method of data collection for traffic studies, as well as clarify the amount of data needed for different types of Boating Restricted Areas, e.g., weekend versus year-round slow speed zones. Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | Form CG2692 | Form CG3865 | Form FWCDLE-146 | Form FWCDLE-146C | Final Rule
    2. Final Rule – Jupiter Narrows Boating Restricted Area. Staff will present final rule language for 68D-24.017 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 707-road 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 Map | Final Rule
  2. Staff Reports
    1. Marine Fisheries Management Annual Workplan. Staff will review new and ongoing marine fisheries management issues identified by Commissioners, staff, and stakeholders that were selected for the proposed 2021/2022 workplan cycle and will request approval of the workplan for the upcoming fiscal year. Staff will also review items completed during the 2020/2021 workplan cycle. Public comment on this agenda item will be limited to no more than 30 minutes. (This item could be moved to Day 2 if needed.)
      Summary Memo | Presentation
    2. Goliath Grouper. Staff will provide a review and discussion of goliath grouper, including biology, updates on ongoing research, and stakeholder opinions. Staff will seek Commission approval on next steps for goliath management in state waters, including whether to prepare a draft rule for limited harvest. Public comment on this agenda item will be limited to no more than 2 hours.
      Summary Memo | Presentation
  3. Recess Wednesday’s portion of the meeting no later than 6:00 p.m.

9:00 a.m., Thursday, May 13th

  1. Call to Order
  2. Rule Requiring Action – Final Rule – Listing Evaluation
    Staff will provide background information on Florida’s process for evaluating and classifying wildlife as State Threatened and present the findings of biological status reviews for the striped newt and American flamingo. Staff will present rule language for 68A-27.0021 to add the striped newt to the list of candidate species and propose a timeline for development of a management plan for this species. Public comment on this agenda item will be limited to no more than 30 minutes.
    NOTE: Staff is requesting Commission approval to advertise the proposed rule amendments and file for adoption as soon as possible. If approved, 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 | Listing Evaluations
  3. Staff Reports
    1. Spiny Lobster Mini-Season. Staff will provide a presentation on Florida’s recreational two-day spiny lobster mini-season, with a special focus on Monroe County and the Florida Keys. Topics will include management history and recent stakeholder requests related to management in Monroe County. Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation
    2. 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 catch-and-release executive order (EO) is in effect through May 31, 2021. After receiving an update on these species at the February 2021 FWC meeting, the Commission directed Vice Chairman Sole to work with staff to gather additional public input on how to manage snook, redfish, and spotted seatrout after the EO expires. Staff will present public feedback on potential options for when the EO expires, as well as the most recent results from FWC’s Fish and Wildlife Research Institute’s (FWRI) monitoring of these species in southwest Florida. Staff will seek Commission direction on short term management options. 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
    3. Gulf of Mexico Fishery Management Council (GMFMC) Report. Staff will report on actions and discussions from the GMFMC’s April 12-15 meeting. Topics will include cobia, red snapper, red grouper, and king mackerel. Public comment on this agenda item will be limited to no more than 30 minutes. (This item could be moved to Day 1 if needed.)
      Summary Memo | Presentation
    4. South Atlantic Fishery Management Council (SAFMC) Report. Staff will provide a presentation on actions and discussions from the SAFMC’s March 1-5 meeting. Topics will include dolphin, wahoo, rock shrimp, snowy grouper, and red porgy. Public comment on this agenda item will be limited to no more than 30 minutes. (This item could be moved to Day 1 if needed.)
      Summary Memo | Presentation
    5. Beach Nesting Birds. Staff will provide an overview of the conservation status of imperiled beach-nesting birds, focusing on four State-Threatened species: least tern, black skimmer, snowy plover, and American oystercatcher. These species face a suite of threats, and Florida’s coastal environments play a critical role in their conservation. This overview will include an update on the statewide partnership to manage and monitor these species and address future conservation efforts needed to achieve conservation objectives. This presentation will provide background biological information prior to stakeholder engagement on Species Conservation Measures and Permitting Guidelines for these 4 species, which will be presented at a future Commission Meeting. Public comment on this agenda item will be limited to no more than 30 minutes.
      Summary Memo | Presentation

ANTICIPATED LUNCH BREAK

  1. 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.
  2. Future Agenda Items
  3. Commissioner Exchange
  4. Adjournment
    The next Commission Meeting is scheduled for August 4 – 5, 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 rules for federal waters of the Atlantic and 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-14.0036 | 68B-23.004 | 68B-30.003 | 68B-12.004
  2. Final Rule – Commercial Sale of White Tail Deer Venison by Game Farms and Hunt Preserves
    Staff will request approval to modify rule language in 68A-12.004 to allow for the sale of venison as provided for in rules 68A-12.011, F.A.C. and 68A-12.010, F.A.C. The need for this change was brought to the Commission at the December 2020 meeting when seeking approval for the sale of native white-tailed deer venison. This change will make the rule consistent with previously approved language permitting the sale of white-tailed deer venison.
    NOTE: Staff is requesting Commission approval to advertise the proposed rule amendment and file for adoption as soon as possible. If approved, staff will file the rule for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
    Summary Memo | 68A-12.004
  3. Final Rule – 68A-12.003 Deer Carcass Labeling Requirements
    The proposed amendment provides clarifications to deer carcass labeling requirements when transferring to another party that are intended to improve understanding and compliance. Detailed proposed rule language is provided in background documents for this item.
    NOTE: Staff is requesting Commission approval to advertise the proposed rule amendment and file for adoption as soon as possible. If approved, staff will file the rule for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
    Summary Memo | 68A-12.003
  4. Proposed 2022 FWC Commission Meeting Dates
    Staff will seek approval of the proposed 2022 FWC Commission Meeting dates.
    Commission Meeting Dates