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October 2023

Date: Oct 4, 2023 Time: 8:30 am
Date: Oct 5, 2023 Time: 8:30 am
Location:

Hutchinson Shores Resort
3793 NE Ocean Boulevard
Jensen Beach, Florida, 34957

Public comments will be accepted in person during the meeting.
This meeting is open to the public
Oct 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, September 29th. 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, October 5th.  The deadline for registration to speak on items not on the agenda is 9:30 am on October 5th.  For items not on the agenda, the Chair 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 at myfwc.com/contact.  To contact commissioners directly, stakeholders can email commissioners@myfwc.com.

The Chair 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 Jensen Beach Chamber of Commerce at (772) 334-3444 or visit their website at https://jensenchamber.com/.

8:30 a.m., Wednesday, October 4th

  1. Call to Order
    1. Call to Order
    2. Invocation and Pledge of Allegiance
  2. Administrative Matters
    1. Review and Approve July 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. Shikar Safari Club Law Enforcement Officer of the Year Award

BREAK

  1. Fish and Wildlife Foundation of Florida Report
    Chief Executive Officer of the Fish and Wildlife Foundation of Florida will present an update on recent fundraising and project efforts.
    Summary Memo | Presentation
  2. Items Requiring Action
    1. Budget and Legislative Report. Staff will seek approval of the Fiscal Year 2024/2025 Legislative Budget Request and Agency Legislative Package.  Public comment on this agenda item will be limited to no more than 30 minutes.
      Summary Memo | Presentation
    2. Final Rule – Snook Regional Management. Staff will present final rule amendments for snook that include new management regions and harvest regulations within the proposed management regions.  Establishing this regional management framework for snook will provide more insight for management and flexibility to address localized concerns.  The final rules were based upon evaluation of the snook fishery within each proposed management region using specific management metrics as well as stakeholder feedback.  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 – Stone Crab. Staff will present proposed final rules that will modify requirements for the location of the escape ring in commercial and recreational stone crab traps.  Staff will request to publish the proposed rule and file for adoption without further hearing.  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-13

ANTICIPATED LUNCH BREAK

    1. Proposed Final Rules – Boating Restricted Areas. Staff will present proposed final rule amendments to align with statute by establishing the data and/or information the Commission will consider when determining whether to create a Boating Restricted Area absent local government ordin  The proposed amendment will also remove an improper delegation of authority listed within the rule and will correct outdated rule references to Uniform Waterway Markers in Florida.  Staff will request to publish the proposed rule and file for adoption without further hearing. 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 rules and file for adoption as soon as possible.  If the rules are 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-24.003
  2. Staff Reports
    1. Gulf of Mexico Fishery Management Council (GMFMC) Report. Staff will report on actions and discussions from the GMFMC’s August 14-17 meeting.  Topics will include greater amberjack, gag grouper, and red snapper, as well as an update on NOAA Fisheries’ proposed rule for pelagic longline management.  Public comment on this agenda item will be limited to no more than 30 minutes.
      Summary Memo | Presentation
    2. South Atlantic Fishery Management Council (SAFMC) Report. Staff will report on actions and discussions from the SAFMC’s September 11-15 meeting.  Expected topics will include Spanish mackerel, wreckfish, yellowtail snapper, black sea bass, and updates on other snapper grouper species.  Staff will also provide updates on 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.
      Summary Memo | Presentation
  3. Recess Wednesday’s portion of the meeting no later than 6:00 p.m.

8:30 a.m., Thursday, October 5th

  1. Call to Order
  2. Staff Reports
    1. Conservation on Private Lands. Staff will provide an overview of the value of private lands to conservation, highlighting the Landowner Assistance Program’s work with private landowners across the state.  Public comment on this agenda item will be limited to no more than 30 minutes (This item could be moved to Day 1 or postponed).
      Summary Memo | Presentation
    2. Overview of the Exotic Pet Amnesty Program. Staff will present an overview of the FWC’s Exotic Pet Amnesty Program.  This unique conservation effort protects Florida’s environment from the release of nonnative fish and wildlife and supports Florida pet owners who need help rehoming nonnative pets that they can no longer keep.  Staff will highlight recent innovations, expansion, and program successes.  Public comment on this agenda item will be limited to no more than 30 minutes.
      Summary Memo | Presentation
  3. Public Comment on Items Not on the Agenda
    Public comment on this agenda item will be limited to no more than 3 hours.
  4. Future Agenda Items
  5. Commissioner Exchange
  6. Adjournment
    The next Commission Meeting is scheduled for December 5 – 6, 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 – Livery Regulations. Staff requests approval of proposed final rules to amend various forms related to livery operation, which are incorporated by reference, for the purpose of clarification and compliance with new state law.
    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 | Checklist | Insurance Coverage | Certification | Attestation - Motorized | Attestation - Human Powered
  2. Proposed Final Rule – General Provisions of the Boating Infrastructure Grant Program (BIGP). Staff requests approval of proposed final rule amendments to incorporate non-substantive updates to the BIGP Guidelines to assist applicants in navigating the BIGP proposal process and produce competitive, high-quality applications.
    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 | 68-1.003
  3. 2024 FWC Commission Meeting Dates. Staff requests approval of the proposed 2024 Commission Meeting dates.
      February 21 – 22, 2024
      May 1 – 2, 2024
      July 10 – 11, 2024
      September 17 – 18, 2024 (Tuesday/Wednesday)
      December 11 – 12, 2024
    2024 Meeting Dates
  4. Proposed Final Rule – Imperiled Beach Nesting Bird Guidelines. Staff requests approval to publish a Notice of Proposed Rulemaking to delay the effective date of the Imperiled beach-nesting bird Species Conservation Measures and Permitting Guidelines. Staff are seeking to change the effectiveness date from September 2023 to October 1, 2024. These changes are necessary to allow for additional time for outreach and support to hurricane impacted areas, the private sector, and potential permittees. The Notice of Development of Rulemaking was published on August 25, 2023.
    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 | Guidelines