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Item L2 J �� BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting July 15, 2020 Agenda Item Summary #7128 ADD ON DAY OF MEETING: Will be Commissioner's Item E®2 BULK ITEM: Yes DEPARTMENT: BOCC District 2 TIME APPROXIMATE: STAFF CONTACT: Katherine Atkins (305) 292-4512 n/a AGENDA ITEM WORDING: Approval of a resolution supporting formal comments sent in a letter from the Florida Fish and Wildlife Conservation Commission to the Florida Keys National Marine Sanctuary (FKNMS) regarding NOAA's "Draft Environmental Impact Statement for Florida Keys National Marine Sanctuary: A Blueprint for Restoration." ITEM BACKGROUND: In an effort to address threats to the Florida Keys National Marine Sanctuary (FKNMS), which stretches from Miami and south to the Dry Tortugas, the National Oceanic and Atmospheric Administration released a Restoration Blueprint in August 2019 titled "Draft Environmental Impact Statement for Florida Keys National Marine Sanctuary: A Blueprint for Restoration." The draft blueprint proposes to expand the boundaries of FKNMS, modify existing sanctuary-wide regulations, modify existing marine zones, and create new marine zones and zone-specific regulations in an effort to protect resources and ecosystems within the sanctuary. On April 29, 2020, the Florida Fish and Wildlife Conservation Commission submitted a letter and formal comments to FKNMS recommending modifications to the blueprint prior to its implementation. The Key West City Commission passed a resolution supporting the FWC letter and comments at its May 19, 2020 meeting. The Village Council of Islamorada also passed a resolution at its June 18, 2020, meeting supporting the FWC letter and comments. Current management of the FKNMS is based on a 1996 Final Environment Impact Statement and Management Plan, adopted in 1997, and a Revised Management Plan implemented in 2007. The new proposed blueprint provides detailed information and a range of alternatives that would change current management of the FKNMS as established in 1997 and revised in 2007. In 2011, NOAA published a Condition Report for the FKNMS, the first attempt to comprehensively describe the status, pressures and trends of resources in the sanctuary. The report supported the need for additional management actions that address the degraded conditions of some key habitats and living resources in the sanctuary. A series of public meetings were held following the release of the Restoration Blueprint in August 2019, after which public comments were recorded through January 2020. If NOAA moves forward with a final action, a final environmental impact statement and final notice of proposed rulemaking will be published in the Federal Register. That would be followed by an opportunity for review by the Governor of Florida as well as by Congress. It is expected that implementation of any final action will occur approximately three years following public release of the Restoration Blueprint. PREVIOUS RELEVANT BOCC ACTION: 11/20/2019 (Q7) The Monroe County Board of County Commissioners unanimously approved a resolution urging NOAA to consider stakeholder comments and suggestions and not limit public access unnecessarily. Stakeholder comments were including from October 15, 2019 and November 11, 2019 public meetings during which Commissioner Coldiron, who sits on the FKNMS Advisory Council, recorded public comments. 9/5/2019 (Bl) Presentation to BOCC by FKNMS Superintendent. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: DOCUMENTATION: FWC & FKNMS resolution FWC letter g NOAA's "Draft Environmental Impact Statement for Florida Keys National Marine Sanctuary: A Blueprint for Restoration." Resolution 419-2019 urging FKNMS to listen to stakeholders comments & suggestions and not limit public access BOCC 1120 2019 (Q7) FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: n/a REVIEWED BY: Michelle Coldiron Completed 07/09/2020 1:10 PM Bob Shillinger Completed 07/09/2020 1:51 PM Kathy Peters Completed 07/09/2020 1:54 PM Board of County Commissioners Pending 07/15/2020 9:00 AM BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA RESOLUTION NO. -2020 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA SUPPORTING A LETTER, PLUS FORMAL COMMENTS, FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION TO THE FLORIDA KEYS NATIONAL MARINE SANCTUARY (FKNMS) REGARDING FKNMS' "DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR THE FLORIDA KEYS NATIONAL MARINE SANCTUARY.• A BLUEPRINT FOR RESTORATION"; URGING FKNMS TO IMPLEMENT FWC RECOMMENDATIONS CONTAINED IN THE ATTACHED LETTER FROM FWC CHAIRMAN ROBERT A. SPOTTSWOOD, DATED APRIL 29, 2020, ALONG WITH ITS ACCOMPANYING FORMAL COMMENTS; URGING FKNMS TO FOCUS ON IMPROVING WATER QUALITY TO PROTECT THE REEF; DIRECTING THE CLERK TRANSMIT COPIES OF THE RESOLUTION TO REPRESENTATIVES OF FKNMS, FWC, GULF OF MEXICO FISHERY MANAGEMENT COUNCIL, SOUTH ATLANTIC FISHERY MANAGEMENT COUNCIL AND THE KEY WEST CHARTERBOAT ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Keys National Marine Sanctuary (hereinafter "FKNMS") has presented a Draft Environmental Impact Statement, (hereinafter "DEIS"), which proposes to expand the boundaries of FKNMS, modify existing sanctuary-wide regulations, modify existing marine zones, and create new marine zones and zone-specific regulations; and WHEREAS,the Fish and Wildlife Commission, hereinafter"FWC", has submitted a letter and formal comments, which recommends modifications to the DEIS, before it is implemented; and WHEREAS, the Board of County Commissioners of Monroe County, Florida finds that the recommendations of FWC address the importance of preserving and improving waters in the FKNMS,while also protecting the interests of stakeholders including the State of Florida, Gulf of Mexico Fishery Management Council, as well as individuals that visit and fish in waters surrounding the Florida Keys; and WHEREAS,the Key West City Commission passed a resolution supporting the FWC letter and comments at its May 19, 2020 meeting and the Islamorada Village Council also passed a resolution at its June 18, 2020 meeting supporting the FWC letter and comments; and Page 1 of 2 WHEREAS, the Board of County Commissioners of Monroe County, Florida finds that the waters and reef surrounding the Florida Keys require protection, and that FKNMS should take a balanced approach between resource needs and user access; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Monroe County supports the letter and formal comments submitted by FWC in response to the FKNMS DEIS. Section 2. Monroe County urges FKNMS to accept the recommendations of FWC contained in the Letter and formal recommendations from FWC Chairman Robert A. Spottswood, dated April 29, 2020. Section 3. Monroe County urges FKNMS to focus on improving water quality, which will improve the overall condition of the reef,rather than closing access to certain State resources. Section 4. The Clerk is authorized to transmit a certified copy of this Resolution to Ms. Sarah Fangman, NOAA/NOS Sanctuary Superintendent — Florida Keys National Marine Sanctuary; Eric Sutton — Executive Director, Florida Fish and Wildlife Conservation Commission (FWC); Robert A. Spottswood —Chairman, Florida Fish and Wildlife Conservation Commission (FWC); Brice Barr — President Key West Charter Boat Association; Thomas K. Frazer—Council Chairman, Gulf of Mexico Fishery Management Council; and Jessica McCawley — Chair, South Atlantic Fishery Management Council. Section 5. This resolution shall become effective upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 15th day of July, 2020. Mayor Heather Carruthers Mayor Pro Tem Michelle Coldiron Commissioner Craig Cates Commissioner David Rice Commissioner Sylvia Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA BY: BY: As Deputy Clerk Mayor Heather Carruthers Page 2 of 2 A April 29, 2020 Ms. Sarah Fangman Superintendent Florida Keys National Marine Sanctuary 33 East Quay Road Florida Fish Key West, FL 33040 and Wildlife Conservation RE: NOAA-NOS-2019-0094;Draft Environmental Impact Statement for Florida Keys Commission National Marine Sanctuary:A Restoration Blueprint; Comments from the Florida Fish and Wildlife Conservation Commission Commissioners Robert A-Spottswood Dear Ms. Fangman: Chairman Hey West The Florida Fish and Wildlife Conservation Commission (FWC)has reviewed the Draft Vice Chairman p Keys Y�Michael sole Environmental Impact Statement for Florida Ke National Marine Sanctuary.- A Vr Tequesta Restoration Blueprint(DEIS) and provide the following comments for Florida Keys Rodney 9arreto National Marine Sanctuary(FKNMS) consideration. Coral Gables Steven Hudson Background Fort Lauderdale Current management of the FKNMS is based on a 1996 Final Environmental Impact Gary Lester Statement and Management Plan(adopted in 199 oxford g ( p '�, and a 2007 Revised Management Plan. The proposed DEIS provides detailed information and analyses of a range of Gary Nicklaus alternatives that would change current management of the FKNMS as established in Jupiter 1991 and revised in 2007.The alternatives proposed in this DEIS would: (1) change the = Sonya Rood FKNMS boundary, (2) modify existing sanctuary-wide regulations, (3) modify existing sc Augustine and create new marine zones, (4) modify existing and create new marine zone-specific i regulations, and(5)update the FKNMS management plan to reflect the proposed office of the changes. Executive Director Eric Sutton CioInnlents Executive Director Thomas H.Eason,Ph.D. As my fellow Commissioners and I consider the management changes proposed in the Assistant Executive Director Restoration Blueprint, we find ourselves asking important fundamental questions Jennifer Fitzwater including;whether or not the current management strategies are working;if the new Chief of Staff proposed management approaches are the best way to ensure a healthy ecosystem as 850-487-3796 well as sustainable fisheries in the Florida Keys; and whether or not the proposed 850-921-5786 FAX increased local level access restrictions will even accomplish the goals of the DEIS at the Managing fish and wildlife ecosystem level. resources for their long-term wet!-being and the benefit t d that t d l t critical It is crcao understand gaining public support for our management decisions of people, g g p pp g , or at a minimum, providing the public with clear communication about the sound reasoning behind our decisions,is an important part of the Commissions'management process. We are concerned that the public will struggle with the same questions that we have, and that the lack of clear answers will make it difficult to gain public support for 62o Saute Meridian Street the proposed management actions. In order to satisfactorily address these questions, Tallahassee,Florida p p g y q , 32399-1600 further evaluation of existing management measures, as well as proposed management Voice:850-488-4676 measures, are needed to ensure that the actions we ultimately take are necessary and Hearing/speech-Impaired: expected to produce results. 800-955.8771(T) 800 955-8770(V) Further, we believe that a strong partnership with our Co-Trustees and a regular M"C.com revaluation of our measures is necessary for adaptive management, as anticipated by Sarah Fangman f" Page 2 April 29, 2020 the five-year management plan review process identified in the National Marine Sanctuaries Act and the Co-Trustees Agreement for Cooperative Management. Ecosystem Management Ecosystem-level impacts significantly influence the health, abundance, and productivity of marine resources. Factors such as good water quality, suitable water flow from the Everglades, and habitat abundance are essential to a healthy Keys ecosystem,but unfortunately, management of these impacts are not appropriately addressed in the DEIS. Fisheries management and access restrictions alone may not be sufficient to meet the goals of the DEIS. We do understand that many of these ecosystem impacts are beyond the scope of the FKNMS to control,but the effects of these impacts should still be identified and the actions to address them should be recognized in the DEIS. A successful Management Plan must address basic factors essential to ecosystem health. FWC places ecosystem-level management issues a high priority for management of the FKNMS. Fisheries Management As you know, FWC is responsible for fisheries management in Florida state waters and over the years, FWC has extended our management authority into adjacent federal waters for a large number of species that reside within the FKNMS;primarily coral reef- associated species. FWC is committed to its continuing lead role, as part of the shared partnership with FKNMS,in promulgating fisheries management actions within the FKNMS, including area closures and access restrictions for fisheries management purposes. Area closures and access restrictions should be an action of last resort and should be considered on a case-by-case basis,only after evaluating the science and potential ramifications of such actions. As each of these proposals are considered, the rationale behind the proposal should be clearly identified.This includes a clear description of the problem that needs to be addressed, the goals to be achieved,knowledge gained from similar past experiences, what the likely outcome is, and an evaluation of the proposed management alternatives relative to expected stakeholder impacts.All of these steps are absolutely necessary to reasonably ensure a successful outcome but are not addressed in the current iteration of the DEIS. FWC will be considering a number of fisheries management items within the FKNMS for rulemaking in the coming months which may impact proposals contained in the DEIS. For example, the proposed closure of Western Dry Rocks is a fisheries management action under FWC's authority and we will consider whether alternative management strategies are warranted for this area. We also look forward to working with the Gulf and South Atlantic Councils to consider fisheries management changes for federal waters of the FKNMS through the councils'rulemaking process. Law Enforcement FKNMS regulations are enforced by FWC. FWC does not have enough resources to enforce the current FKNMS regulations as well as the hundreds of additional changes to the current FKNMS regulations as proposed in the DEIS. FWC is requesting that the FKNMS take immediate action to secure additional funding for FWC officers and equipment before finalizing the DEIS. DEIS Process FWC would like to bridge the gap between those who support the actions proposed in the DEIS and those who oppose them. As managers, FWC and the FKNMS need to improve public confidence in the management process and find ways to gain stakeholder trust. Sarah Fangman. Page 3 April 29, 2020 The current DEIS process has not built public confidence and needs to be reset in order to best implement adaptive management measures. Providing sound justification for management actions, as well as transparency about the process and the roles of each manager, will go a long way in gaining that confidence. If we are implementing adaptive management correctly, it should allow for access restoration as management goals are achieved and fisheries and their habitats rebound. That is how we build trust and confidence in the process. Additionally, in order to provide clarity and transparency for our partners and the public, FWC is requesting that all FKNMS implementing agreements be reviewed and updated,including the Protocol for Cooperative Fisheries Management. Additional Comments My Commissioners and I are requesting that the five-year reviews required by the National Marine Sanctuaries Act and its supporting regulations, and the Co-Trustees Agreement for Cooperative Management,be presented to the FWC every five years. At the time of a five-year review, the Co-Trustees Agreement also requires the FKNMS to re-propose both the Management Plan and all regulations in their entirety. FWC will utilize this 5-year review process to determine if fishery management actions included in the Management Plan are working as intended, need to be modified, or repealed in state waters. FWC technical comments and recommendations with supporting information for the DEIS are included in Attachment 1. In summary: • FWC supports making coral restoration and recovery in the Florida Keys a primary focus of the DEIS. FWC agrees with a re-evaluation of boundaries,but needs to see a more common- sense approach to this process. Boundary expansion could be warranted in areas where additional protections are necessary such as Pulley Ridge,but is not warranted in other areas and should be reduced. • FWC does not support large, contiguous area closures such as the proposed areas around Carysfort Reef,Long Key/Tennessee Reef and the Tortugas Corridor. Ecosystem and fisheries benefits for these three large areas are poorly understood. Further biological and social science is needed to evaluate if large area management can be effective in the FKNMS. • A more balanced approach between resource needs and user access is needed for proposed management of Wildlife Management Areas. FWC advocates for further evaluation of these areas on a case-by-case basis to determine better ways to achieve management goals and still provide user access. FWC does not support increased regulations or area closures, such as those proposed at Boca Grande Key,Woman Key, Snipes Key, and Marvin Key,where current regulations are deemed sufficient for resource needs or where the ecosystem/fisheries benefits of the proposed action are not understood. • FWC does not support the proposed actions at Western Dry Rocks and recommends they be removed from the DEIS. FWC views the proposal as a fisheries management issue in state waters,which is under the authority of FWC.The Commission will consider rulemaking items for this area, and others, in the coming months. Sarah Fangman � r Page 4 April 29, 2020 FWC appreciates the coordination and cooperation with FKNMS and appreciates the opportunity to provide comments on the Draft Environmental Impact Statement for Florida Keys National Marine Sanctuary. Should you require additional assistance regarding our comments,please feel free to contact Jessica McCawley, Director for FWC's Division of Marine Fisheries Management at(850) 487-0554 or ,J-Qtlsica.McCawley@myfwc.com. We look forward to working with you and your staff as you move througli the next phases of this process including finalizing the EIS, the rulemaking, and on each 5-year review of the management plan and changes to supporting regulations. Sincerely, Robert A. Spottswood Chairman rsljmlmgllg Attachment cc: John Armor Noah Valenstein 3 MONROE COUNTY,FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 419 -2019 A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS URGING FLORIDA KEYS NATIONAL MARINE SANCTUARY TO LISTEN TO STAKEHOLDER COMMENTS AND SUGGESTIONS,AND TO NOT LIMIT PUBLIC ACCESS UNNECESSARILY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 16, 1990, Congress designated the Florida Keys National Marine Sanctuary (FKNMS)to be protected under management of the National Oceanographic and Atmospheric Administration(NOAA);and WHEREAS,NOAA's current management of the sanctuary is based on its 1997 final environmental impact statement(EIS)and a 2007 revised management plan; and WHEREAS, the 1997 EIS and 2007 management plans implemented sanctuary-wide regulations and established the nation's first comprehensive network of marine zones in the FKNMS after years of planning,design, and public input; and WHEREAS, in September 2011 NOAA published the"Condition Report"for the FKNMS,the first attempt to comprehensively describe the status, pressures and trends of resources in the sanctuary and should be used in conjunction with the more detailed summaries of the individual monitoring and research programs(e.g.,zone monitoring program,water quality protection program, etc.); and WHEREAS, the 2011 Conditions Report helps identify strengths in current monitoring efforts, as well as factors that may require monitoring and potential remediation in the years to come and provide guidance for future management challenges. For example, this report supports the need for additional management actions that address the degraded conditions of some key habitats and living resources in the sanctuary; and WHEREAS, due to the 2011 Conditions Report, FKNMS is updating its management plan and recently released "Florida Keys National Marine Sanctuary: A Restoration Blueprint" to help counteract the decline in resource condition in the Florida Keys through a series of regulatory and management measures designed to reduce threats and, where appropriate, restore coral reefs, seagrasses, and other important habitats; and WHEREAS,the FKNMS is holding a series of public meetings for stakeholders to learn more about the Restoration Blueprint proposal and is accepting Public comments in person,online,and by mail through January 31,2020; and WHEREAS,after the public comment period ends,the comments will be reviewed,and NOAA will formally propose a set of draft regulations to establish changes. There will be another round of public comments on the refined proposal. Subsequently, if NOAA moves forward with a final action, a final environmental impact statement and final notice of proposed rulemaking will be published in the Federal Register. That would be followed by an opportunity for review by the governor of Florida as well as by Congress. It is expected that implementation of any final action to occur approximately three years following public release of the Restoration Blueprint; and 11Page WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes the recreational and commercial importance of the marine resources of the Florida Keys,and protecting these sanctuary resources is valuable not only for the environment but also for the economy;and WHEREAS,the Monroe County Board of County Commissioners(BOCC) recognizes the special marine resources of the region,which led to the area's designation as a national marine sanctuary,contribute to the high quality of life for residents and visitor, without these unique marine resources, the quality of both life and the economy of the Keys would decline;and WHEREAS,the Monroe County Board of County Commissioners(BOCC)recognizes Public input is vitally important determine the future of the Florida Keys and strongly encourages FKNMS to listen to stakeholder comments and suggestions,and to not limit public access unnecessarily;and NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Section 1. Monroe County urges Florida Keys National Marine Sanctuary to listen to stakeholder comments and suggestions,and not limit public access unnecessarily. Section 2. Direct the Clerk to transmit copies of this resolution to the Florida Keys National Marine Sanctuary (FKNMS), the Department of Environmental Protection (DEP) and Florida Fish and Wildlife Conservation Commission(FWC). Section 3. This resolution shall become effective upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 20th day of November 2019. Mayor Heather Carruthers Yes Mayor Pro Tern Michelle Coldiron Yes Commissioner Danny L. Kolhage Absent Commissioner David Rice Yes Commissioner Sylvia J. Murphy Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA F BY: �p� r- 1 t 'e Ma hair - Cx eQ, ATT�: KEVIN MADOK,CLERK i DEPUTY CLERK MONROE COUNTY ATTORNEY r APPROVED A TO RM ,,.015)BERT SHILLINGER COUNTY ATTO '-Y Date: 2 Page