Item J1 � J.1
� � �, 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
May 20, 2020
Agenda Item Number: J.1
Agenda Item Summary #6905
BULK ITEM: No DEPARTMENT: BOCC District 3
TIME APPROXIMATE: STAFF CONTACT: Carol Schreck(305) 292-3430
yes
AGENDA ITEM WORDING: Discussion and direction on the July 29-30, 2020 Mini Lobster
Season.
ITEM BACKGROUND:
The State of Florida created a short sportsman season to allow recreational users to catch lobsters prior to
traps being deployed and commercial season beginning. This season became known to divers and snorkelers
as "Mini Lobster Season". Florida's two lobster seasons are the 2-day mini season and the 8 month regular
lobster season. The mini lobster season is always the last consecutive Wednesday and Thursday in July.
On 12/15/2010,in response to complaints and concerns regarding public safety, the BOCC adopted
Ordinance No. 038-2010 expanding the prohibition against diving or snorkeling in any manmade water body
or marina, or within 300 ft. of an improved residential or commercial shoreline beginning 3 days prior to the
opening of and during the entirety of the lobster mini-season and for the first 5 days of commercial lobster
season.
PREVIOUS RELEVANT BOCC ACTION:
12/17/2003 Ordinance No. 044-2003 prohibiting diving/snorkeling in any manmade waterbody or marina or
within 300 ft. of an improved residential or commercial shoreline during the entirety of the 2-day sport season
for spiny lobster
6/18/2003 Ordinance No. 020-2003 further defining "navigable canal"and"man-made water body"
2/19/2003 Ordinance No. 003-2003 established"No Discharge Zone"
12/15/2010 BOCC adopted Ordinance No. 038-2010 further restricting diving and snorkeling during lobster
mini-season
12/20/2012 Ordinance 001-2013 adding definition of"Commercial Lobster Season",to provide for
enforcement,removing sunset date of(8/31/2012) and to continue prohibition of diving and snorkeling in any
manmade water body or marina or within 300 ft. of an improved residential or commercial shoreline,
beginning 3 days prior to the opening of and during the entirety of the lobster mini-season and for the first 5
days of commercial lobster season.
CONTRACT/AGREEMENT CHANGES:
n/a
Packet Pg. 2282
J.1
STAFF RECOMMENDATION:
DOCUMENTATION:
Dipre.mini lobster season 5.2020
Hitchins.Mini Lobster season 5.2020
TDC.Mini Lobster Season numbers
FINANCIAL IMPACT:
Effective Date: N/A
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:
Heather Carruthers Completed 05/06/2020 12:35 PM
Bob Shillinger Completed 05/06/2020 1:26 PM
Kathy Peters Completed 05/06/2020 1:31 PM
Board of County Commissioners Pending 05/20/2020 9:00 AM
Packet Pg. 2283
Schreck-Carol
From: Dipre, David <David.Dipre@MyFWC.com>
Sent: Wednesday, April 29, 2020 3:20 PM
To: Carruthers-Heather; stacey@fla-keys.com; Rick Ramsay; Hitchins-Celia
Cc: Gastesi-Roman; Shillinger-Bob; Schreck-Carol;Weiner-Shannon; Hurley-Christine
Subject: RE: Lobster Mini-Season
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Mayor Carruthers,
This year Lobster Mini Season will be July 29t" and 30th. If, by that time, many of the current COVID related
constraints are lifted, the greatest benefit I am aware of would be the economic gain this county receives eachCh
year from the thousands of harvesters coming to the Keys who utilize the various hotels, restaurants, bait and
tackle shops, marinas, etc.
By eliminating Mini Season I do not believe a positive outcome will be achieved. Those people who originally c_
planned to arrive at the end of July could simply postpone their arrival one week to the beginning of
August. The thousands who would normally be separated from the commercial harvesters during the first week �--
of August will now overlap creating additional problems with trap robbing, running over and through
commercial gear, and conflicting directly with commercial harvesters. User conflict was the primary reason for
LO
the separation of the two groups of harvesters. I believe cancelling mini season will simply postpone, not
eliminate, the numbers of harvesters coming to the Keys. y
FWC is prepared to support Monroe County, and the respective municipalities throughout the Keys, during the
Lobster Mini Season. We, FWC, are uncertain how the our budget may be affected as a result of the COVID 19
response and recovery. At this time we still anticipate bringing additional manpower to the Keys over a two or
three week period to assist with the enforcement of the Lobster Mini Season, to prevent the illegal harvest of
marine resources pre and post mini-season, to enforce boating safety, and to assist the Monroe County Sheriff's
Office as needed. Our Officer's will be staying in local hotels, as we always have, which we hope will
contribute to the Keys economy.
If, during the Lobster Mini Season, the use of PPE is still recommended/required, FWC Officers will take the
necessary precautions and will work to direct boaters and harvesters to do the same in order to prevent the
potential transmission of the COVID 19 virus. Due to the COVID 19 pandemic, it is doubtful the Lobster Mini
Season will be what it has been in years past. I can say this with some assurance knowing the numbers of
boaters and harvesters have reduced over the past few years due to concerns of "overcrowding" while
attempting to recreate. Given the added concerns of potentially transmitting or contracting COVID 19, 1
anticipate fewer participants.
As members of this community, we are prepared to do what is necessary to facilitate COVID 19 prevention
while at the same time working to support economic recovery for Monroe County and the State of Florida.
Respectfully
David
i
Packet Pg. 2284
J.1.b
Schreck-Carol
From: Hitchins-Celia
Sent: Wednesday, April 29, 2020 4:25 PM
To: Carruthers-Heather; stacey@fla-keys.com; Rick Ramsay; Dvid Dipre, FWC
Cc: Gastesi-Roman; Shillinger-Bob; Schreck-Carol;Weiner-Shannon; Hurley-Christine;
Schemper-Emily
Subject: RE: Lobster Mini-Season
Mayor Carruthers—
Our Marine Resources Office has primarily only been involved with the public safety concerns regarding mini-season
since we do not regulate fisheries. Beginning in 2003, a County ordinance was put in place to prohibit certain diving and
snorkeling activities during mini-season as a means to address user conflicts and nuisance issues. See relevant code o
language below. Many of our municipal partners have similar restrictions. Each mini-season we frequently receive calls
from boaters confused about the myriad of mini-season regulations.The FKNMS publishes an annual brochure that 2
outlines all of the regulations which has helped with compliance. N
0
Sec. 26-96. - Intent and purpose. The intent and purpose of this article is to protect and promote public —
health, safety and welfare and abate the destruction of property, deleterious environmental effects, and —
criminal trespass that results from the close proximity of divers to public and private property, as well as from
the interactions and explorations by divers of docks, piers, and bulkheads in search of spiny lobster during the `V
lobster mini-season and commercial lobster season. Such activities constitute a public nuisance. This article LO
shall be effective in both incorporated and unincorporated Monroe County to the extent that no conflict exist
with a municipal ordinance as provided in Art. Vlll§ 1(0 of the Florida Constitution.
Sec. 26-98. - Diving and snorkeling prohibited.
(a) It is a public nuisance and is unlawful for any person to dive or snorkel in any manmade water body or y
marina, or within 300 feet of an improved residential or commercial shoreline beginning three days prior to the
opening of and during the entirety of the lobster mini-season and for the first five days of commercial lobster
season. —
(b) Nothing in this article shall prohibit diving incidental to vessel or dock maintenance, provided the diver
performing the maintenance lawfully displays a diver down flag and otherwise complies with the
requirements of F.S. ch. 327, or diving and snorkeling in front of his or her property to the center line of the
canal or 100 feet of open water.
Sincerely,
Celia Hitchins
Senior Administrator, Marine Resources Office
Monroe County Planning& Environmental Resources Department
2798 Overseas Highway,Suite 400, Marathon, Florida 33050
Hithiis ceiia@n�onroectunty fl. v
(305) 289-2505
From:Carruthers-Heather<Carruthers-Heather@MonroeCounty-FL.Gov>
Sent:Wednesday, April 29, 2020 1:51 PM
To: stacey@fla-keys.com; Rick Ramsay<rramsay@keysso.net>; Dvid Dipre, FWC<david.dipre@myfwc.com>; Hitchins-
Celia <Hitchins-Celia@MonroeCounty-FL.Gov>
Cc: Gastesi-Roman <Gastesi-Roman@MonroeCounty-FL.Gov>;Shillinger-Bob<Shillinger-Bob@ Mon roeCounty-FL.Gov>;
Schreck-Carol <Schreck-Carol@MonroeCounty-FL.Gov>; Weiner-Shannon <Weiner-Shannon@MonroeCounty-FL.Gov>;
Packet Pg. 2285
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