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September 2024

Date: Sep 17, 2024 Time: 8:30 a.m.
Date: Sep 18, 2024 Time: 8:30 a.m.
Location:

Hawk’s Cay Resort and Marina
61 Hawk’s Cay Blvd
Duck Key, Florida 33050

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

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. For in-person comments, please review the speaker registration guidelines at https://myfwc.com/about/commission/. Advance comments were due by 5:00 p.m. on Friday, September 13th. Those comments can be submitted using the online comment form. 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 two (2) hours of public comment on items not on the agenda at this meeting. Public comment on items not on the agenda will be heard at the end of Day 2, September 18th. The deadline for registration to speak on items not on the agenda is 10:00 a.m. on September 18th. 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 contact commissioners directly at 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 Chair 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.

8:30 a.m., Tuesday, September 17th.

  1. Call to Order
    1. Call to Order
    2. Invocation and Pledge of Allegiance
  2. Administrative Matters
    1. Approve May 2024 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
    2024 Python Challenge Awards and Recognition. Staff will recognize the Ultimate Grand Prize winner of $10,000 which is awarded to the registered participant who removes the most Burmese pythons as part of the python removal competition.

BREAK

  1. Staff Reports
    1. Update on the Florida Keys. Staff will review and provide a presentation of ongoing issues relevant to the Florida Keys region, including updates on coral reef monitoring and restoration efforts, Monroe County habitat support structures, and management agreements with the Florida Keys National Marine Sanctuary. For each topic, staff will provide a brief overview and timelines for next steps.
      Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation
    2. Update on Biscayne National Park. Staff will provide an update on efforts to monitor fish in BNP as part of the FWC and National Park Service’s Science Plan to assess the effectiveness of fishery management changes. In 2020, the Commission implemented special fishing regulations for BNP in support of the park’s Fishery Management Plan’s goals to increase fish size and abundance within the park.
      Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation
    3. Update on Hurricane Response. Staff will provide an update on agency response during the 2024 hurricane season.
      Public comment on this agenda item will be limited to no more than 30 minutes.
      Summary Memo | Presentation

ANTICIPATED LUNCH BREAK

  1. Items Requiring Action
    1. Proposed Final Rule – Marine Fisheries Trip Ticket Reporting. Staff will present proposed final rules to align the requirements in rule for reporting commercial harvest of marine species with current practice, improve commercial saltwater fisheries data collection, facilitate enforcement of rules, and move the rule chapter from Division 68E (Marine Resources) to Division 68B (Marine Fisheries) of the Florida Administrative Code. The proposed final rule amendments include requiring wholesale dealers to submit trip tickets electronically and establishing a weekly reporting period, among other changes.
      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-65 | 68E-5
    2. Proposed Rules – Marine Special Activity License (SAL) Program. The Marine SAL program issues licenses to accommodate activities requiring exemptions from state marine fisheries regulations, such as scientific research, education, exhibition, and the release of marine organisms including the outplanting of coral for restoration. Staff have identified a series of changes that would improve the operation of the SAL program, and proposals will be presented to the Commission in two separate phases. For the first phase of this project, staff will present proposed rules that would update SAL eligibility requirements, license periods, and license conditions; update the SAL program administration process; streamline the FWC Law Enforcement notification process for licensees; repeal the Dredge SAL; and update the Aquaculture Broodstock Collection SAL.
      Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | 68B-8
  2. Staff Reports
    1. Stone Crab Update. The Commission implemented a suite of regulation changes in 2020 to help increase the stone crab population and add resiliency to the fishery. Staff will provide an update on the fishery following the regulation changes and recent stakeholder feedback.
      Public comment on this agenda item will be limited to no more than 30 minutes.
      Summary Memo | Presentation
    2. Gulf of Mexico Fishery Management Council (GMFMC) Report. Staff will report on actions and discussions from the GMFMC’s June and August 2024 meeting. Expected topics will include red snapper, several grouper species, mackerel, wahoo and other updates on topics relevant to Florida.
      Public comment on this agenda item will be limited to no more than 30 minutes.
      Summary Memo | Presentation
    3. Update on Smalltooth Sawfish Monitoring and Research. Staff will provide an overview of FWC’s Smalltooth Sawfish Research conducted by FWRI’s marine Fisheries-Independent Monitoring (FIM) program. Information will be presented on the smalltooth sawfish’s conservation status and associated management and research priorities. Staff will also provide an overview on the spinning swimming behavior witnessed for many different fish species and elevated smalltooth sawfish mortalities in the Keys this past winter and spring.
      Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation
  3. Recess Tuesday’s portion of the meeting no later than 5:00 p.m.

8:30 a.m., Wednesday, September 18th.

  1. Call to Order
  2. Items Requiring Action
    1. Proposed Final Rule – Derelict Vessel and At-Risk/Public Nuisance Vessel Removal Grant Program Guidelines. Staff seek approval to publish a Notice of Proposed Rulemaking to incorporate amendments to 68-1.003(7), F.A.C., which provides the Derelict Vessel and At-Risk/Public Nuisance Vessel Removal Grant Program Guidelines and Application form for local governments and other specified entities seeking grant funding for purposes of removing, destroying, and disposing of derelict vessels from state waters. Specifically, the guidelines and application, which are incorporated into the rule by reference, will be amended to allow block grant funding as a permissible pre-award cost to eligible governmental entities for the removal of authorized derelict vessels within the entity’s jurisdiction. The guidelines will be amended to establish eligibility criteria for local governmental entities that wish to use block grant funding for the removal, destruction, and disposal of derelict vessels.
      Public comment on this agenda item will be limited to no more than 1 hour.
      Summary Memo | Presentation | 68-1.003 | Application | Guidelines
  3. Staff Reports
    1. Update on Everglades Wildlife Watch and the Zooniverse Platform. Staff will present on the Everglades Wildlife Watch, a wildlife monitoring and identification program being implemented throughout the South Region’s Wildlife Management Areas. Using volunteer-managed trail cameras and the crowdsourcing platform Zooniverse, members of the public can help FWC identify wildlife caught on camera in the Greater Everglades ecosystem, greatly expanding the agency’s ability to monitor game and non-game species year-round. This update will highlight the successes of this new program, as well as additional crowdsourcing projects aimed at increasing the effectiveness of the Agency in its conservation goals.
      Public comment on this agenda item will be limited to no more than 30 minutes. (This item may be moved to day 1 or postponed).
      Summary Memo | Presentation
    2. Update on the Skyway Pier. In July 2023, the Commission approved rules intended to reduce the severity of bird entanglements at Skyway Fishing Pier State Park. Staff will provide an update on the status of agency work on the pier since the rule change, which includes implementing an educational course, posting regulation signs, hiring a position to aid education, monitoring, and providing law enforcement patrols. This presentation will highlight agency accomplishments and plans for future actions.
      Public comment on this agenda item will be limited to no more than 1 hour. (This item may be moved to day 1 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 2 hours.
  5. Future Agenda Items
  6. Commissioner Exchange
  7. Adjournment
    The next Commission Meeting is scheduled for December 11-12, 2024, 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 – Regulations for Freshwater Fish. Staff seek approval of proposed rule amendments related to freshwater fisheries regulations at the newly established Florida Fishing Trail Fish Management Area.
    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 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 | 68A-20.005
  2. Proposed Final Rule – St. Johns River Boating Restricted Areas. Staff seek approval to publish a Notice of Proposed Rulemaking to amend Rule 68D-24.018, FAC, to replace outdated numerical measurements used to trigger boating restricted areas during flooding. Existing boating restricted areas (designated as idle speed no wake only during times of flooding) along the St. Johns River are activated when water levels reach a certain restricted height, as determined by the National Weather Service (NWS). The NWS has designated the “action stage” as the level of a rising stream requiring some type of mitigation action in preparation for possible significant hydrologic activity. The proposed amendment would replace current and outdated specified numerical measurements with the appropriate flood stage title of “action stage” to allow for consistency and clarity.
    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 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 | 68D-24.018
  3. Proposed Final Rule – Suwannee and Santa Fe Boating Restricted Areas. Staff seek approval to publish a Notice of Proposed Rulemaking to amend Rule 68D-24.020, FAC, to replace outdated numerical measurements used to trigger boating restricted areas during flooding. Existing boating restricted areas (designated as idle speed no wake only during times of flooding) along the Suwannee and Santa Fe Rivers are activated when water levels reach a certain restricted height, as determined by the National Weather Service (NWS). The NWS has designated the “action stage” as the level of a rising stream requiring some type of mitigation action in preparation for possible significant hydrologic activity. The proposed amendment would replace current and outdated specified numerical measurements with the appropriate flood stage title of “action stage” to allow for consistency and clarity.
    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 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 | 68D-24.020
  4. Federal Consistency – Oceanic Whitetip Shark. Oceanic whitetip shark has been listed as threatened under the Endangered Species Act. To promote recovery of the species, NOAA Fisheries has prohibited harvest in all U.S. federal waters of the Atlantic, Gulf of Mexico and Caribbean and prohibited HMS permit holders from retaining the species regardless of where they fish. U.S. east coast states cooperatively manage oceanic whitetip shark in their state waters through the Atlantic States Marine Fisheries Commission (ASMFC). ASMFC has modified their Coastal Shark Interstate Fishery Management Plan (ISFMP) to set the retention limits at zero for oceanic whitetip shark in support of the federal conservation effort. This proposed consent agenda item is a federal consistency action that would classify oceanic whitetip shark as prohibited in Florida’s state waters, which would prohibit landing, attempting to land, or harming the species, and facilitate implementation of the Coastal Sharks ISFMP.
    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 | 68B-44.004