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:
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