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May 2023

Date: May 10, 2023 Time: 8:30 am
Date: May 11, 2023 Time: 8:30 am
Location:

Hilton Miami Airport Blue Lagoon
5101 Blue Lagoon Drive
Miami, Florida, 33126

Public comments will be accepted in person during the meeting.
This meeting is open to the public
May 2023 Minutes

The Florida Fish and Wildlife Conservation Commission (Commission) is committed to providing opportunity for public input at each Commission meeting. The Commission is offering the opportunity for stakeholders to provide their comments in advance as well as in person. Advance comments were due by 5pm on Friday, May 5th. If you would like to provide comments via mail, please send those comments to the following address:

FWC Commissioners
620 South Meridian Street
Tallahassee, Florida 32399

To ensure adequate time to address the business needs of the Commission, there will be no more than three (3) hours of public comment on items not on the agenda at this meeting. The designated time for public comment on items not on the agenda is scheduled at the end of day two, May 11th. The deadline for registration to speak on items not on the agenda is 9:30 am on May 11th. For items not on the agenda, the Chairman reserves the right to reduce the amount of time per speaker or the total number of speakers. To provide comments on items not on the agenda in advance, stakeholders can find contact information for staff, leadership, locations, and subjects at www.myfwc.com/contact. To contact commissioners directly, stakeholders can email commissioners@myfwc.com.

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. To accommodate as much input as possible from those attending, the Chairman reserves the right to designate the amount of time given to an agenda item or speaker(s). 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, they may need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the challenge is based.

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 10 calendar days before the meeting by calling 850-488-6411 or 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. If you believe that you have been discriminated against in any program, activity or facility, or if you need more information, contact the Florida Fish and Wildlife Conservation Commission at: FWC, Office of Human Resources, 620 S Meridian Street, Tallahassee, FL 32399, 850-488-6411. Or write to: Office of Diversity, Inclusion & Civil Rights, Department of the Interior, 1849 C Street, NW, Washington, D.C. 20240.

For information on the area, you may call the Greater Miami Chamber of Commerce at (305) 350-7700 or visit their website at www.miamichamber.com.

8:30 a.m., Wednesday, May 10th

  1. Call to Order
    1. Call to Order
    2. Invocation and Pledge of Allegiance
  2. Administrative Matters
    1. Review and Approve February 2023 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 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 or postponed at the discretion of the Chairman.
  3. Executive Director’s Report
  4. Awards and Recognition
    1. Artist Recognition
    2. Chairman Recognition Awards
    3. Sonya Rood Volunteer of the Year Award
    4. Fish & Wildlife Foundation of Florida Annual Awards

BREAK

  1. Staff Reports
    1. Statewide Investigations Update. Staff will present information regarding the Statewide Investigations Section whose primary role is to conduct and support investigative operations statewide. Several recent high-profile cases will be highlighted and discussed during this presentation.
      Summary Memo | Presentation
    2. Status of Wildlife Trapping in Florida. Staff, along with an external expert, will provide an overview of the status of wildlife trapping in Florida and the Association of Fish and Wildlife Agencies’ Best Management Practices for Trapping in the United States. Staff have identified several areas for improvements to existing trapping rules and have been working with stakeholders and experts to receive input on concepts related to trap types, methods and placement and trapper registration, training, and reporting. This presentation will summarize input received to date. Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation
  2. Items Requiring Action
    1. Final Rule – Goliath Grouper Spawning Aggregations. This is a continuation of a final rule hearing for a proposed rule intended to reduce potential impacts of catch-and-release fishing on goliath grouper spawning aggregations off Martin and Palm Beach counties. Based on Commission direction and additional stakeholder feedback, staff will recommend a final rule that is a modified version of the proposed rule for seasonal fishing closures at three goliath grouper spawning aggregation sites. Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | 68B-3.0511

ANTICIPATED LUNCH BREAK

    1. Proposed Final Rule – South Atlantic Greater Amberjack Management Modifications. Recently, the South Atlantic Fishery Management Council approved changes for greater amberjack to continue to provide protections for the stock while allowing increased harvest opportunities. Staff will request approval to modify greater amberjack commercial and recreational limits in Atlantic state waters. The proposed changes would reduce the Atlantic commercial size limit, modify the import size limit, create an Atlantic recreational spawning closed season, and remove outdated commercial language. Public comment on this agenda item will be limited to no more than 1 hour.
      Note: Staff is requesting Commission approval to advertise the proposed rule and file for adoption as soon as possible. If the rule is approved for final adoption, Commission staff will file the rules as allowed by s. 120.54(3), Florida Statutes, without further public hearing, unless requested.
      Summary Memo | Presentation | 68B-14.0035 | 68B-14.00355 | 68B-14.004 | 68B-14.0045
    2. Proposed Rule – Snook Regional Management. Staff will present proposed rules for snook that include new management regions as well as snook regulations within each region. The proposed regulations within each region were based on an evaluation of the snook fishery using a suite of management metrics and public feedback gathered through multiple engagement efforts, including statewide public workshops. Staff will also present the inaugural Annual Review for snook in each proposed management region. If the proposed rules are approved, staff will return to a future Commission Meeting for a final hearing. Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | 68B-21.002 | 68B-21.003 | 68B-21.004 | 68B-21.005
    3. Proposed Final Rule – Monroe County Anchoring Limitation Area. Recent legislative changes to section 327.4108, Florida Statutes, designated Monroe County as an anchoring limitation area and require the Commission to adopt rules establishing anchoring areas throughout the county. A new section entitled “Anchoring” has been created as chapter 68D-14, F.A.C. Staff will present a proposed rule establishing seven designated anchoring areas from Marathon in the Middle Keys to Key West, along with maximum allowable vessel drafts for anchoring areas, to be included in this chapter. If the proposed rule is approved, staff will advertise the rule and file for final adoption without further hearing, unless requested. Public comment on this agenda item will be limited to no more than 1 hour.
      Note: Staff is requesting Commission approval to advertise the proposed rule and file for adoption as soon as possible. If the rule is approved for final adoption, Commission staff will file the rules as allowed by s. 120.54(3), Florida Statutes, without further public hearing, unless requested.
      Summary Memo | Presentation | 68D-14 | 68D-14.002 | 68D-14.003 | 68D-14.004
  1. Staff Reports
    1. Marine Fisheries Management Annual Workplan. Staff will review marine fisheries programs and management issues that are anticipated to be worked on during the 2023/2024 workplan cycle and highlight work that was completed during the previous workplan timeframe. Staff will request approval of the proposed workplan for the 2023/2024 fiscal year. Public comment on this agenda item will be limited to no more than 30 minutes. (This item may get moved to day two or postponed).
      Summary Memo | Presentation
    2. Gulf of Mexico Fishery Management Council (GMFMC) Report. Staff will report on actions and discussions from the GMFMC’s April 3-6 meeting. Topics will include king mackerel, greater amberjack, gag grouper, red snapper, and other topics relevant to Florida. Public comment on this agenda item will be limited to no more than 30 minutes. (This item may get moved to day two or postponed).
      Summary Memo | Presentation
    3. South Atlantic Fishery Management Council (SAFMC) Report. Staff will report on actions and discussions from the SAFMC’s March 6-10 meeting and highlight upcoming items for the June 12-16 meeting. Topics will include red snapper, gag grouper, black grouper, Spanish mackerel, and other topics relevant to Florida. Staff will also highlight a potential Exempted Fishing Permit for the recreational red snapper fishery off Florida’s east coast. Public comment on this agenda item will be limited to no more than 30 minutes. (This item may get moved to day two or postponed).
      Summary Memo | Presentation
  2. Recess Wednesday’s portion of the meeting no later than 6:00 p.m.

8:30 a.m., Thursday, May 11th

  1. Call to Order
  2. Items Requiring Action
    1. Proposed Rules – Nonnative Fish and Wildlife. Staff will present proposed rules to prevent the establishment of new nonnative species in Florida, as requested by the Commissioners at the February 2023 Commission Meeting. The proposed rules are intended to address high-risk nonnative species using risk evaluations to ensure new species pose little or no threat to Florida. Staff will also provide an update on the initial input received from the Nonnative Fish and Wildlife Technical Assistance Group and outline next steps. If the proposed rules are approved, staff will return to a future Commission Meeting for a final hearing. Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | 68-5.003 - Option 1 | 68-5.003 - Option 2 | Species Evaluation Form | Bioprofile Template
    2. Proposed Rule – Weeki Wachee River Springs Protection Zone. Staff will present a proposed rule that will create a springs protection zone restricting beaching, mooring, anchoring, and grounding on specific locations where point bars occur on the spring run of the Weeki Wachee River. If the proposed rule is approved, staff will return to a future Commission Meeting for a final hearing. Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | 68D-24.0037
    3. Proposed Final Rule – Establishment of Doral Glades Fish Management Area and Dis-establishment of Lang Lake Fish Management Area. Staff will provide an overview of Fish Management Areas (FMA) in the state, highlight work done to enhance community-based fishing areas, and present proposed final rules to remove an existing FMA as well as establish a new FMA. 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 and file for adoption as soon as possible. If the rule 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.
      Summary Memo | Presentation | 68A-20.005
  3. Staff Report – Land Acquisition and Wildlife Management Area (WMA) Planning Efforts Update
    Staff will present on the agency’s land acquisition program and the planning process for the WMA system, including how staff identify and prioritize target lands for future acquisition. This update will highlight state programs, funding sources, and the many collaborations that contribute to landscape conservation and our program’s successes. Public comment on this agenda item will be limited to no more than 30 minutes. (This item may get moved to day one or postponed).
    Summary Memo | Presentation
  4. Public Comment on Items Not on the Agenda
    Public comment on this agenda item will be limited to no more than 3 hours.
  5. Future Agenda Items
  6. Commission Administrative Matters – Executive Director Position
  7. Commissioner Exchange
  8. Adjournment
    The next Commission Meeting is scheduled for July 19 – 20, 2023, 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. Proposed Final Rule – Hunting Regulations for Ducks, Geese, and Coots. Migratory bird hunting regulation frameworks (special early waterfowl, regular waterfowl and coot, and limited Canada goose seasons) are established annually by the U.S. Fish and Wildlife Service and changes in these frameworks generally necessitates conforming action by the Commission. Staff is requesting approval to amend rules to change the daily bag limit for mallards from 2 per day (including 1 hen) to 4 per day (including 2 hens) to conform with federal frameworks.
    NOTE: Staff is requesting Commission approval to advertise the proposed rules and file for adoption as soon as possible. If the rules 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, unless requested.
    Summary Memo | 2023-24 Hunting Season Report | 68A-13.003
  2. Proposed Final Rule – Administrative Rule Changes to Reflect Transition to Online Permit Application System for Captive Wildlife. Staff is requesting approval to amend nine captive wildlife rules. The purpose of the proposed amendments is to complete the transition to the new online permit application system, which requires applications and payments to be completed through the online system.
    Note: Staff is requesting Commission approval to advertise the proposed rules and file for adoption as soon as possible. If the rules 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, unless requested.
    Summary Memo | 68A-6.004 | 68A-6.010 | 68A-6.017 | 68A-6.0172 | 68A-9.005 | 68A-9.006 | 68A-12.004 | 68A-12.010 | 68A-12.011
  3. Proposed Final Rule – Restricted Species Endorsement Clarification. Staff is requesting approval to amend rules to clarify qualification requirements for issuance and renewal of the commercial Restricted Species endorsement. A rule amendment is necessary to align rule language with the original intent of the rule and current practice.
    Note: Staff is requesting Commission approval to advertise the proposed rule and file for adoption as soon as possible. If the rules are approved for both advertisement and final adoption, Commission staff will file the rules as allowed by s. 120.54(3), Florida Statutes, without further public hearing, unless requested.
    Summary Memo | 68B-2.006