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Item M08 M.8 County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting January 20, 2021 Agenda Item Number: M.3 Agenda Item Summary #7763 BULK ITEM: No DEPARTMENT: BOCC District 2 TIME APPROXIMATE: STAFF CONTACT: Katherine Atkins (305)292-4512 n/a AGENDA ITEM WORDING: Update about status of Mini Lobster Season task force. ITEM BACKGROUND: Mayor Coldiron, in collaboration with municipal leaders, volunteer organizations, and the Florida Fish and Wildlife Conservation Commission, has been leading a discussion on possible options/changes/the future of Mini Lobster Season in Monroe County and would like to give a brief update. PREVIOUS RELEVANT BOCC ACTION: See attachment CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: DOCUMENTATION: Lobster Mini Season May 2020 agenda item FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: Packet Pg. 2150 M.8 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 01/11/2021 11:39 AM Bob Shillinger Completed 01/11/2021 12:39 PM Liz Yongue Completed 01/11/2021 1:05 PM Board of County Commissioners Pending 01/20/2021 9:00 AM Packet Pg. 2151 M.8.a J �� BOARD OF COUNTY COMMISSIONERS County of Monroe r�l Mayor Heather Carruthers,District 3 Keys Mayor The Florida � - Mayor Pro Tem Michelle Coldiron,District 2 '` �ql l €d� Craig Cates,District 1 \J? V, David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting May 20, 2020 Agenda Item Number: J.1 Agenda Item Summary #6905 le 0 BULK ITEM: No DEPARTMENT: BOCC District 3 TIME APPROXIMATE: STAFF CONTACT: Carol Schreck(305) 292-3430 9 yes AGENDA ITEM WORDING: Discussion and direction on the July 29-30, 2020 Mini Lobster Season. 0 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 N or marina, or within 300 ft. of an improved residential or commercial shoreline beginning 3 days prior to the N opening of and during the entirety of the lobster mini-season and for the first 5 days of commercial lobster season. 0 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" N 2/19/2003 Ordinance No. 003-2003 established"No Discharge Zone" 0 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. 2152 STAFF RECOMMENDATION: DOCUMENTATION: Dipre.mini lobster season 5.2020 Hitchins.Mini Lobster season 5.2020 2 TDC.Mini Lobster Season numbers U- le FINANCIAL IMPACT: 0 Effective Date: N/A Expiration Date: v?.? Total Dollar Value of Contract: u 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: a Insurance Required: N CD Additional Details: N/A 0 REVIEWED BY: Heather Carruthers Completed 05/06/2020 12:35 PM Bob Shillinger Completed 05/06/2020 1:26 PM N Kathy Peters Completed 05/06/2020 1:31 PM Board of County Commissioners Pending 05/20/2020 9:00 AM Packet Pg. 2153 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 o open attachments you were not expecting. Mayor Carruthers, This year Lobster Mini Season will be July 29t" and 30t'. 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 each year from the thousands of harvesters coming to the Keys who utilize the various hotels, restaurants, bait and tackle shops, marinas, etc. y 0 By eliminating Mini Season I do not believe a positive outcome will be achieved. Those people who originally 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 the separation of the two groups of harvesters. I believe cancelling mini season will simply postpone, not E eliminate, the numbers of harvesters coming to the Keys. 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 N 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. 2154 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 F 0 Mayor Carruthers— y 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 andCh snorkeling activities during mini-season as a means to address user conflicts and nuisance issues. See relevant code 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 outlines all of the regulations which has helped with compliance. y 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 lobster mini-season and commercial lobster season. Such activities constitute a public nuisance. This article 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 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. cv (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 N Senior Administrator, Marine Resources Office 0 Monroe County Planning& Environmental Resources Department 2798 Overseas Highway,Suite 400, Marathon, Florida 33050 Hith (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. 2155 (uoseaS aagsgo-I!w!Vd) saagwnu uoseaS aa}sgol iuiw•O®1:juauagae;jy M.8.a a w Y p m a F U 0 le 0 �- ei W O O p m m U} m m ^ n p o m m � m n `•' N .- '�'� m n m r o r N N W r m m W n m r n m m n, n N r- N N N N N N N coin YYL Y} � >Ym _ Y> w }} m }> m - YYw YAm Y} � y L y`-' y^"L y.�L y u - y'-'L L y [0 T T m of a a o. a a a a a a N 00 r rn m v a� � gm ci � N � m ci3 � N W � � W m � � 3N � m ci � `NN � � 3mm � 3.NN p � mN � � m NN NN V' mm NN N � in o m NN NN VJ m m N N N N w m m N N rW N q LL m r N N N N cn N N m 4N N N N N a G G R m m _ - >� cn ^ N V m co W y o I N N G Ol @ m eF3 dY N CI I ' 'ti'L Ly w., .UUU i U CI8I— r- I—J�A Q' a � a Packet Pg. 2156 N O' N N',