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September 2022

This meeting is open to the public

Meeting has been cancelled

8:30 a.m., Wednesday, September 28th

  1. Call to Order
    1. Call to Order
    2. Invocation and Pledge of Allegiance
  2. Administrative Matters
    1. Review and Approve July 2022 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 Officer of the Year Award
    3. Chairman Recognitions
    4. Python Challenge Awards

BREAK

  1. Staff Report – Captive Breeding of Diamondback Terrapins
    Staff, along with an external expert, will provide an update on captive breeding within the context of diamondback terrapin conservation, the global turtle trade, and trends in the Florida turtle market. Florida is home to 5 of the 7 currently recognized subspecies of diamondback terrapin, and all 5 subspecies are designated as Species of Greatest Conservation Need. Due to ongoing conservation concerns for terrapins, in December 2021, the Commission approved rules to improve management of diamondback terrapins in the wild. In response to stakeholder requests during rule development, staff has reviewed considerations for captive breeding of terrapins in Florida. It is not currently legal to breed or sell diamondback terrapins in the state. Public comment on this agenda item will be limited to no more than 1 hour.
    Summary Memo | Presentation
  2. Items Requiring Action
    1. Budget and Legislative Report. Staff will seek approval of the Fiscal Year 2023/2024 Legislative Budget Request and Agency Legislative Package. Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation
    2. Proposed Rule – Gulf Striped Bass Regulations in the Lower Ochlocknee. Staff will provide an overview of the striped bass fishery in the lower Ochlocknee River, how vital this population is to ongoing management of the species as well as other hatchery products across the state, and propose regulations meant to conserve the population for its long-term well-being. Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | 68A-23.005
    3. Proposed Final Rule – Striped Newt Listing and Guidelines. Staff will seek approval to add the striped newt to the Florida Endangered and Threatened Species List. The final step of the state listing process requires Commission approval of the Species Conservation Measures and Permitting Guidelines, the Species Action Plan, and updates to the Imperiled Species Management Plan to incorporate the striped newt. If approved, staff will publish a Notice of Proposed Rule for Rule 68A-27.003, F.A.C., to add the striped newt to the State-Threatened list and to incorporate the Guidelines by reference. 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 for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
      Summary Memo | Presentation | 68A-27.003 | 68A-27.0021 | Process and Guidelines

ANTICIPATED LUNCH BREAK

    1. Proposed Final Rules – Livery Regulations, Minimum Standards for Mandatory Boating Safety Courses. Recent changes passed by the Florida Legislature to Florida’s livery laws prohibit liveries from offering a vessel for lease or rent without a livery permit (except as provided by law) and require new topics to be covered in livery pre-rental and pre-ride instruction. In keeping with these changes, staff is proposing rule amendments that create specific procedures for a person to obtain a no-cost livery permit (including an application, program guidelines and forms) and implement the new pre-rental and pre-ride instruction requirements. Statutory changes also require new content to be added to boating safety education course curriculum such that a boater will operate more safely after being educated on the statutory content. The proposed modifications to the rule would incorporate these statutorily required boating safety education topics into boating safety education courses approved by the Commission. Additionally, current Rules 68D-36.107, F.A.C. (Minimum Training Requirements for Personal Watercraft Rentals) and 68D-36.109, F.A.C. (Boating Safety Information to be Displayed at Boat Rental Facilities) are located in the Chapter of laws relating to boating safety education standards and would be more appropriately located in a proposed new Chapter (Chapter 68D-34) which would be entitled “Livery Regulations.” Therefore, staff is proposing that Rules 68D-36.107 and 68D-36.109, F.A.C. be repealed and the substantive content of those Rules be incorporated into new Rules 68D-34.002, F.A.C. and 68D-34.004, F.A.C. 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 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.
      Summary Memo | Presentation | Checklist and Attestation | Checklist | Certification | Permit | Houseboat | Motorboat | Paddlecraft | PWC | Sailboat | 68D-34 | 68D-36
    2. Proposed Final Rule – Springs Protection Zone – Nichols Spring. Staff will provide an overview and refresher on the creation of protection zones for springs and offer a proposed final rule that will create a zone restricting beaching, mooring, anchoring and grounding in Nichols Spring in Sumter County and in a portion of its associated spring run. Staff will also provide an update on the review and stakeholder engagement process, including anticipated next steps, regarding a request for a protection zone within a portion of Weeki Wachee Spring and portions of its associated spring runs. 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 for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
      Summary Memo | Presentation | 68D-24.0036
  1. Staff Report – Conservation Social Science Update
    Staff will present a high-level update on Conservation Social Science at the agency. People are an important part of Florida’s fish and wildlife systems; conservation social science helps us engage with and understand the human dimensions. FWC’s Conservation Social Science team works with staff across Divisions to incorporate social science research into management and conservation. This presentation will highlight examples of recent and ongoing projects to demonstrate how conservation social science has been applied at FWC. 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, September 29th

  1. Call to Order
  2. Staff Report – Florida Keys National Marine Sanctuary (FKNMS) Update. Staff, along with the Superintendent of FKNMS, will provide a presentation on proposed regulatory changes, including next steps. Public comment on this agenda item will be limited to no more than 1 hour.
    Summary Memo | Presentation
  3. Items Requiring Action
    1. Proposed Rule – Gear Requirements to Improve Survival of Released Reef Fish. Staff will present proposed rules and highlight FWC outreach initiatives to improve survival of released reef fish. The proposed rules would require any person on board a vessel fishing for reef fish in state waters to have a descending device or venting tool rigged and ready for use. The use of descending devices or venting tools can help fish survive their release by reversing the effects of barotrauma. If 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-14
    2. Proposed Rule – Biscayne National Park (BNP) Legare Anchorage Trap-free Zone. Staff will present a proposed rule to prohibit placement of traps within the Legare Anchorage inside BNP, which would protect sensitive cultural resources. Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | 68B-7.008
  4. Staff Reports
    1. Gulf of Mexico Fishery Management Council (GMFMC) Report. Staff will report on actions and discussions from the GMFMC’s August 22-25 meeting. Expected topics include red snapper, gag grouper, greater amberjack, and several other reef fish species. 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 12-16 meeting. Expected topics include holistic snapper grouper management, red snapper, gag grouper, greater amberjack, snowy grouper, and several other reef fish species. Public comment on this agenda item will be limited to no more than 30 minutes.
      Summary Memo | Presentation
    3. Overview of the FWC Marine Fisheries Independent Monitoring Program. Staff will provide Commissioners with a high-level overview of the marine Fisheries Independent Monitoring program, including mission, evolution, and application of program data to assess various issues related to the assessment, management, and impact of episodic events on Florida’s marine fisheries. 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
  5. 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.
  6. Future Agenda Items
  7. Commissioner Exchange
  8. Adjournment
    The next Commission Meeting is scheduled for November 30 – December 1, 2022, 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 – Alligator Meat Processing. The proposed rule amendments to Rule 68A-25.052, F.A.C., would make the labeling process more flexible for licensed processors engaged in bulk processing of alligator meat while maintaining existing strict traceability requirements. If approved, this rule change would streamline the process, which would help Florida’s alligator processing industry meet increased market demands for alligator meat, skinned alligator carcasses, and skinned alligator carcass parts.
    NOTE: Staff is requesting Commission approval to advertise the proposed rule 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.
    Summary Memo | 68A-25.052
  2. Proposed Final Rule – Derelict Vessel and At-Risk/Public Nuisance Vessel Removal Grant Program. Staff proposes changes to Rule 68-1.003(7), F.A.C., which currently provides grant funding to local governments and other specified entities for the purpose of removal from the waters of the State, destruction, and disposal of derelict vessels. Due to recent changes in statute, the rule, which includes Guidelines and an Application incorporated by reference, will be changed to allow the use of the same grant funding for the removal from the waters of the State, destruction, and disposal of vessels which have been declared a public nuisance in accordance with section 327.73(1)(aa), F.S., in addition to derelict vessels.
    NOTE: Staff is requesting Commission approval to advertise the proposed rule 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.
    Summary Memo | Application | Guidelines | 68-1.003D
  3. Proposed Final Rule – Seasonal No Entry Zone for manatee protection. Staff is requesting approval for a Seasonal No Entry Zone (November 15 through March 31) in the waters within and adjacent to the Florida Power & Light Cape Canaveral Energy Center Interim Warm-water Refuge. A Seasonal No Entry Zone will restrict vessel and human access to this location, providing protection during the winter season to a concentration of manatees that utilize this warm-water site. There is an existing Seasonal No Entry Zone at the power plant discharge area immediately north, and this proposed seasonal zone will provide an additional disturbance-free area for manatees using the IWWR. If approved, a Notice of Proposed Rule for Rule 68C-22.029, Florida Administrative Code will be advertised.
    NOTE: Staff are 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 rule for adoption as allowed by s. 120.54(3) Florida Statutes, without further public hearing.
    Summary Memo | 68D-22.029