The Florida Fish and Wildlife Conservation Commission (FWC) will meet virtually Dec. 16 and 17 beginning at 9 a.m. ET each day. The meeting will be held virtually due to COVID-19 (Coronavirus) social distancing guidelines. This meeting is being held by communications media technology, specifically using Adobe Connect with a telephone conference line for accepting public comments during the meeting. The Florida Channel will be broadcasting live video coverage at TheFloridaChannel.org and participants watching via the Florida Channel can utilize the telephone conference line to call in for public comment.
The FWC is committed to providing opportunity for public input. To accommodate as much input as possible from those participating in the meeting, the Chairman reserves the right to designate the amount of time given to a topic or speaker, including time donation to other speakers. Because this meeting is being held by video conference and a telephone conference line, the Commission is limiting public comment to a specific length of time for each agenda item. See agenda for the time limits for each item. Public comment will be taken by telephone conference line on a first call/first serve basis.
The Commission is also offering the opportunity for stakeholders to provide their comments on agenda items in advance. Advanced comments should be submitted no later than Friday, Dec. 11. Those written comments can be submitted via a web form on the FWC meeting agenda website page. If you would like to provide your written comments by mail, send them to:
FWC Commissioners 620 South Meridian Street Tallahassee, Florida 32399
For the full Dec. 16-17 agenda, links to background reports, and ways to participate, go to MyFWC.com/About and click on “The Commission” and “Commission Meetings.”
Updates will be provided at Twitter.com/MyFWC (@MyFWC) and you can sign up for news releases at MyFWC.com.
AGENDA for 9 a.m., Wednesday, December 16 meeting:
Call to Order
Invocation and Pledge of Allegiance
Administrative Matters
Review and Approve October 2020 Commission Meeting Minutes
Approve Regular Meeting Agenda
Approve Consent Agenda (Details for all consent agenda items are listed at the end of this document. Any questions or concerns 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 at the discretion of the Chairman).
Executive Director’s Report
Rules Requiring Action
Final Rule – Apalachicola Bay Oysters. Apalachicola Bay historically supported expansive oyster reefs and a culturally important oyster fishery. Harvest dropped dramatically in 2013 and oyster abundance continues to remain at historic lows. In early 2020, FWC was granted funds for large-scale oyster restoration and to develop an adaptive oyster management plan. At the July 2020 meeting, the Commission supported restoration efforts in the Bay by approving draft rules to suspend harvest of wild oysters and prohibit on-the-water possession of tongs, and by proactively implementing these measures by Executive Order. Staff will present proposed final rules that establish these conservation measures in rule through December 2025. Staff will continue monitoring oyster recovery and can evaluate whether harvest opportunities are available prior to December 31, 2025. Public comment on this agenda item will be limited to no more than 1 hour.
Final Rule – Flounder. A stock status update completed by FWC’s Fish and Wildlife Research Institute found that the flounder fishery on the Atlantic coast of Florida is likely overfished and undergoing overfishing and that there has been a general decline in the fishery statewide in recent years. Staff will present proposed final rules to update statewide management of the commercial and recreational flounder fishery including:
Extending all FWC flounder regulations into federal waters
Increasing the minimum size limit to 14 inches (recreational and commercial)
Decreasing the recreational daily bag limit to 5 fish per person
Establishing an October 15 – November 30 recreational closure
Establishing seasonal commercial trip and vessel limits when using allowable gear of 150 fish except from October 15 – November 30 and 50 fish from October 15 – November 30
Modifying the incidental bycatch limit for non-allowable gear to 50 fish
Creating a federal waters trawl bycatch limit of 150 fish except from October 15 – November 30 and 50 fish from October 15 – November 30.
Public comment on this agenda item will be limited to no more than 1 hour.
Draft Rule – Western Dry Rocks. When used in combination with traditional management tools, such as size limits, bag limits, and vessel limits, the protection of fish spawning aggregations can provide a comprehensive strategy for sustainable fisheries management. Staff will present a proposed draft rule to seasonally protect a multi-species fish spawning aggregation in the lower Florida Keys. To provide protections for spawning fish across multiple important commercial and recreational fisheries, including mutton snapper; permit; and gray snapper; the proposed draft rule would annually prohibit fishing from May – June in a 1 square mile area near Western Dry Rocks.
Public comment on this agenda item will be limited to no more than 2 hours.
ANTICIPATED LUNCH BREAK
Staff Reports
Review and Discussion – Florida pompano, permit, and African pompano. Staff will provide an overview of Florida’s permit, pompano, and African pompano fisheries. Topics will include biology, management history, and recent stakeholder requests related to management of these species. Public comment on this agenda item will be limited to no more than 30 minutes.
Review and Discussion – Sharks. Staff will provide a review and discussion of topics related to sharks. This presentation will include information on the current status of sharks worldwide and in the eastern United States, management of sharks, and an overview of a variety of Florida shark-related topics, including negative interactions between fishermen and sharks. Public comment on this agenda item will be limited to no more than 1 hour.
Review and Discussion – Spiny Lobster. Staff will provide an overview of Florida’s spiny lobster fishery. Topics will include overviews of the spiny lobster fishery, commercial harvesting methods, casitas, and other spiny lobster fishery topics. Public comment on this agenda item will be limited to no more than 1 hour.
Gulf of Mexico Fishery Management Council (GMFMC) Report. Staff will provide a presentation on actions and discussions from the GMFMC’s Oct. 26-29 and Nov. 30 – Dec. 1 meetings. Expected topics include red snapper, red grouper, king mackerel, and cobia. Public comment on this agenda item will be limited to no more than 30 minutes. (This item could be moved to Day 2 if needed).
South Atlantic Fishery Management Council (SAFMC) Report. Staff will provide a presentation on actions and discussions from the SAFMC’s December 7-11 meeting. Expected topics include dolphin, various reef fish, and king mackerel. Public comment on this agenda item will be limited to no more than 30 minutes. (This item could be moved to Day 2 if needed).
Recess Wednesday’s portion of the meeting no later than 6:00 p.m.
AGENDA for 9 a.m., Thursday, December 17 meeting
Call to Order
Rules Requiring Action
Draft Rule – Proposed Rule Changes for Hunting 2021 – 2022. Staff will present draft rule amendments to revise select statewide hunting regulations; specific area regulations on wildlife management areas, wildlife and environmental areas, and miscellaneous areas; and to conform hunting dates to calendar year date changes. Detailed proposed rule language is provided in background documents for this item. Public comment on this agenda item will be limited to no more than 1 hour.
Draft Rule – Boating Restricted Areas. Staff will present rule amendments to 68D-21.001 F.A.C. to define a launching and landing facility, clarify language pertaining to the use of traffic studies to determine unsafe levels of traffic congestion, and explain the types of citations, warnings and accident reports used as proof when applying for a Boating Restricted Area. Staff will also present rule amendments to 68D-21.004 F.A.C. to clarify standards of proof for Boating Restricted Area Ordinance review and approval with regards to citations, warnings and boating accident reports. Changes also incorporate the use of video surveillance as a method of data collection for traffic studies, as well as clarify the amount of data needed for different types of Boating Restricted Areas, i.e. weekend versus year-round slow speed zones. This information can be considered by the Commission when reviewing and approving County/Municipal ordinances seeking to establish Boating Restricted Areas pursuant to Section 327.46 F.S.
Public comment on this agenda item will be limited to no more than 1 hour.
Final Rule – Imperiled Species Management Plan Guidelines. Staff will provide an overview and seek approval for Species Conservation Measures and Permitting Guidelines for the Southeastern American kestrel and the Florida tree snail, both included in Florida’s Imperiled Species Management Plan. Staff will also seek approval to publish a Notice of Proposed Rule to add references to these Species Conservation Measures and Permitting Guidelines into rule 68A-27.003, F.A.C. Guidelines contain information on voluntary conservation practices, describe ways to avoid take, and outline permitting requirements when take cannot be avoided. In some cases, the Guidelines also authorize take for human safety and certain forestry management activities. 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. Public comment on this agenda item will be limited to no more than 30 minutes. (This item could be moved to Day 1 or a future meeting if needed).
Draft Rule – Diamondback Terrapin. Staff will provide an overview of diamondback terrapin status and the threats to the species, and provide updates on work related to a petition received by the Commission in January 2020 to require bycatch reduction devices (BRDs) in blue crab traps to protect diamondback terrapin from mortality. Due to concerns about the conservation status of terrapins, staff will also outline ongoing conservation efforts and propose several regulatory measures to improve the status and prevent continuing decline. Staff will present a draft rule to further prohibit take and limit possession, incorporate permit applications for individuals legally possessing diamondback terrapins, and require BRDs in recreational and commercial blue crab traps fished in some areas of the state. Specific details on the proposal, including a map of areas proposed for requiring BRDs in blue crab traps, can be found in the background materials for this item. Public comment on this agenda item will be limited to no more than 1 hour.
ANTICIPATED LUNCH BREAK
Final Rule – Regulations for Hunt Preserves, Rule 68A-12.010 F.A.C. and Game Farms, Rule 68A-12.011 F.A.C. Staff will present a rule amendment to modify the rule language limiting the maximum size of hunting preserves from 10,000 acres to no maximum. The proposed changes also include language to allow for the sale of native white-tailed deer venison from game farms, as well as, hunting preserve licensees that are dissolving their business.
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.
Public comment on this agenda item will be limited to no more than 30 minutes. (This item could be moved to day 1 if needed).
Draft Rule – Restricted Hunting Area Establishment. Staff will present draft rule amendments related to establishing restricted hunting areas and bird sanctuaries. The proposed changes would eliminate the option of establishing bird sanctuaries and provide clear, objective criteria for establishing restricted hunting areas. Detailed proposed rule language is provided in background documents for this item. Public comment on this agenda item will be limited to no more than 1 hour. (This item could be moved to a future meeting if needed).
Draft Rule – Chronic Wasting Disease Prevention Measures. Staff will present a draft rule amendment related to importing or possessing whole carcasses and certain parts thereof of any species in the family Cervidae (deer family) originating from any place outside of Florida. The proposed changes support efforts to protect Florida’s deer population by reducing the risk of chronic wasting disease being introduced into the state. Detailed proposed rule language is provided in background documents for this item. Public comment on this agenda item will be limited to no more than 1 hour. (This item could be moved to a future meeting if needed).
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.
Future Agenda Items
Commissioner Exchange
Adjournment
The next Commission Meeting is scheduled for February 25 – 26, 2021 in Gainesville, 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. 2021 FWC Commission Meeting Dates. Staff are requesting approval of the amended 2021 Commission Meeting Dates. These dates can be found in the background documents for this item.
