September 2018 Commission Meeting

Agenda

Meeting will commence at 8:15 on Wednesday morning with unofficial business

8:30 a.m., Wednesday, September 26th

1. Call to Order
   1. Call to Order
   2. Invocation and Pledge of Allegiance to the Flag
2. Administrative Matters
   1. Review and Approve June 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. Welcome and Overview of the Florida Public Safety Institute and FWC Law Enforcement Academy Facilities and Program

   Staff will present an overview of the FWC Law Enforcement Academy and the Florida Public Safety Institute (FPSI). The presentation will describe the process of becoming an FWC officer and provide a snapshot of a recruit’s life during training at the academy. Staff will also provide an overview of the FPSI, the training venue of all state law enforcement officers and 64 other agencies.
   Summary Memo | Presentation

4. Executive Director’s Report
5. Staff Recognition/Introductions
   BREAK
6. Staff Report – Red Tide

   Staff will present an update on the red tide event that began in November of 2017 and has persisted in Southwest Florida through September of 2018.
   Summary Memo | Presentation

7. Items Requiring Action
   1. Imperiled Species Management Plan Strategic Initiative Update and Proposed Draft Rule. Staff will provide an overview and update on the development and implementation of one of the Agency Strategic Initiatives, Florida’s Imperiled Species Management Plan. Staff will also provide an overview and seek approval for: listing status changes for five species, development of a new mammal rule, Species Conservation Measures and Permitting Guidelines for eight species, and updates to the Imperiled Species Management Plan.
      Summary Memo | Presentation | 68A-25.002 | 68A-25.002 Version 2 | 68A-27 | 68A-29 | 68A-29 Version 2 | Species Guidelines
   2. Legislative and Budget Package. Staff will seek approval for the FY 2019/2020 Legislative Budget Request and Agency Legislative Package. Staff will also provide an update on the 2019 Legislative Session.
      Summary Memo | LBR Presentation | Legislative Proposals Presentation | Repeal of Sunset Provision | Residential Conservation Programs | Potential Reductions | Legislative Budget Request
   ANTICIPATED LUNCH BREAK
8. Staff Reports
   1. Expanding Participation in Conservation Strategic Initiative. Staff will present an update on activities relating to the Expanding Participation in Conservation strategic initiative, the Florida Youth Conservation Centers Network, and the Recruit, Retain and Reactivate (R3) campaign.
      Summary Memo | Presentation
   2. Invasive Plant Management Program Overview. Staff will present an overview and update of FWC’s Invasive Plant Management Program.
      Summary Memo | Presentation
   3. FWC’s Boating Access and Enforcement Statistics. Staff will provide an update on Boating Safety enforcement and Boating Access improvements. The Boating Safety update will provide a comprehensive look at fiscal year 2017-2018 and will include water patrol and boating safety hours, boater education efforts, boating accident overview as well as enforcement activity trends and statistics. The Boating Access update will include a focused look at some of our most recent projects and overall efforts for the same fiscal year. Select projects funded by the Florida Boating Improvement Program (FBIP), Boating Infrastructure Grant Program (BIGP) and Sportfish Restoration/Natural Resource Damage Assessment funds will be described.
      Summary Memo | Presentation
9. Public Comment on Items Not on the Agenda
10. Recess Wednesday’s Portion of the Meeting no later than 6:00 pm

     

     

    8:30 a.m., Thursday, September 27

     

11. Call to Order
12. Items Requiring Action
    1. Non-Native Species Overview and Proposed Draft Rules. Staff will provide background on invasive fish and wildlife and an overview of current management efforts in Florida. Additionally, staff will seek final approval on restructuring Chapter 68-5, F.A.C. Staff will discuss proposals for importation permit requirements and adding species to the Prohibited species list.
       Summary Memo | Presentation | Chapter 68-5
    2. Final 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. As the first phase of changes to address these needs, staff will present proposed final rules that 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 | Presentation | Proposed Rule Language
    3. Final Rule – 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. Staff will present a proposed final rule to exclude live food shrimp from seafood icing requirements and establish requirements for shrimp harvested for sale alive as food and request approval of a notice of change. The specific rule language is available in the background documents associated with this agenda item.
       Summary Memo | Presentation | Proposed Final Rule Language
13. South Atlantic Fishery Management Council (SAFMC) Report

    Staff will report on actions from the SAFMC's September 16 - 21 meeting in Charleston, SC. Anticipated topics include spiny lobster, yellowtail snapper, red snapper, establishing limited-entry for federal snapper grouper for-hire permits, and other snapper grouper items.
    Summary Memo | Presentation

14. Gulf of Mexico Fishery Management Council (GMFMC) Report

    Staff will report on actions from the GMFMC’s August 20 - 23 meeting in Corpus Christi, TX. Topics include gray triggerfish, red snapper, hogfish, and cobia.
    Summary Memo | Presentation

15. Staff Report – Marine Fisheries Work Plan Progress Report

    Staff will provide an update on a variety of marine fisheries management workplan items that are in progress.
    Summary Memo | Presentation

16. General Counsel Report
17. Future Agenda Items
18. Commissioner Exchange
19. Adjournment

The next Commission Meeting is scheduled for December 12 – 13, 2018 in St. Augustine, commencing at 8:30 a.m. each day.

Consent Agenda

1. Draft Rule – Special Acts of Local Application clean-up. As part of an ongoing effort to reduce regulation as well as to update and clarify existing regulations, staff has identified a series of Special Acts of Local Application (Special Acts) that are outdated, may not be necessary, or have potential to conflict with state law. Repealing these Special Acts will allow modern statewide marine fisheries regulations to apply in their place, reduce confusion, and improve the clarity of Florida’s saltwater fishing regulations. The proposed repeals are available in the background documents associated with this agenda item.
   Summary Memo | Summary of Proposed Changes | Rule Language
   

   NOTE: Staff is requesting Commission approval to advertise the proposed draft rules and file for adoption as soon as possible. If the draft 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.

2. Draft Rule – Spiny Lobster Trap Certificate Program regulations clean-up. The proposed draft rule amendment would amend outdated rule language found in the Commission’s spiny lobster trap certificate program regulations related to administrative penalties that are inconsistent with statutory provisions that have been amended by the Legislature. The proposed changes will reduce confusion within the fishery and improve the clarity of Florida’s Spiny Lobster Trap Certificate Program regulations.
   Summary Memo | Draft 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.

3. Captive Wildlife Technical Amendment. Staff requests Commission approval for an amendment to Rule 68A-6.007, “Possession, Transportation, Exhibition and Caging Venomous Reptiles and Reptiles of Concern,” to include an option of adding a safety/security film to satisfy the requirement for secondary containment for facilities with internal viewing panels. The proposed language of the amendment is available in the background documents associated with this agenda item.
   Summary Memo | Presentation
   

   NOTE: Staff is requesting Commission approval to advertise a Notice of Change and file the rules for adoption as allowed by s. 120.54(3) Florida Statutes, following completion of the public notice period.

4. Final Rule – 68A-12.010 Regulations Covering Operation of Commercial or Private Hunting Preserves and 68A-12.011 Regulations Covering the Establishment and Operation of Game Farms. Staff request final adoption of previously approved rule language for Rules 68A-12.010 and 68A-12.011, F.A.C. regarding the operation of game farms and hunting preserves.
   Summary Memo | Presentations | Final Rule Language | 68-A12.010
5. Proposed Revisions to the Aquatic Plant Control Permits Rules (Chapter 68F-20, Florida Administrative Code) – Obtain approval to publish a Notice of Change for Chapter 68F – 20, FAC, to address several technical concerns raised by the Joint Administrative Procedures Committee (JAPC) during their review.  In July 2017, staff submitted a package of rule changes to Chapter 68F – 20, FAC, to reduce the regulatory burden on the public, update the rule text to account for new technology and increase clarity, and allow for increased staff time to be spent on FWC funded aquatic plant management activities occurring on public water bodies.  The Commission approved that package.  Following the publication of the proposed changes, the JAPC identified several concerns that staff proposes to correct and address with the language which will appear in the Notice of Change.  A copy of the changes is available as a part of the background information for this item.
   Summary Memo | NOC 68F-20
   
   Note:  Staff is requesting Commission approval to advertise a Notice of Change and file the rules for adoption as allowed by s. 120.54(3) Florida Statutes, following completion of the public notice period.
   
6. Draft Rule – Private Lands Deer Management Permit Program.  The proposed draft rule amendment would amend property qualifying requirements that would improve program participation and implementation.
   Summary Memo | 68A-13.004
   
   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.