5L-1.003. Shellfish Harvesting Area Standards  


Effective on Wednesday, January 18, 2023
  • 1(1) The Department shall describe or illustrate harvesting areas and provide harvesting area classifications as approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified as defined herein, including criteria for opening and closing shellfish harvesting areas in accordance with Chapters II and IV of the NSSP Model Ordinance. Copies of the Shellfish Harvesting Area Classification Boundaries and Management Plans, (FDACS-P-01593, Revised August 2022), containing shellfish harvesting area descriptions, references to shellfish harvesting area map numbers, and operating criteria are hereby incorporated by reference, and available online at 88http://www.flrules.org/Gateway/reference.asp?No=Ref-15069, 90or may be obtained by contacting the 97Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, 108Tallahassee, Florida 32399111.

    112(2) Approved 114harvest areas 116– An area shall be classified as approved when a sanitary survey, conducted in accordance with Chapter IV of the NSSP Model Ordinance, indicates that pathogenic microorganisms, radionuclides, and/or harmful industrial wastes do not reach the area in dangerous concentrations and this is verified by laboratory findings whenever the sanitary survey indicates the need. Shellfish may be harvested from such areas for direct marketing. This classification is based on the following criteria:

    188(a) The area is not so contaminated with fecal material or poisonous or deleterious substances that consumption of the shellfish might be hazardous; and,

    212(b) The bacteriological quality of every sampling station in those portions of the area most probably exposed to fecal contamination shall meet one of the following standards during the most unfavorable meteorological, hydrographic, seasonal, and point source pollution conditions: 1) The median or geometric mean fecal coliform Most Probable Number (MPN) of water shall not exceed 14 per 100 ml., and not more than 10% percent of the samples shall exceed a fecal coliform MPN of 43 per 100 ml. (per 5-tube, 3-dilution test) or 2) The median or geometric mean fecal coliform Most Probable Number (MPN) of water shall not exceed 14 per 100 ml., and not more than 10% percent of the samples shall exceed a fecal coliform MPN of 33 per 100 ml. (per 12-tube, single-dilution test) or 3) The median or geometric mean fecal coliform Membrane Filter (MF) colony forming units of water shall not exceed 14 per 100 ml., and not more than 10% percent of the samples shall exceed a fecal coliform MF colony forming unit of 31 per 100 ml. Harvest from temporarily closed approved areas shall be unlawful.

    398(c) Offshore state waters greater than three nautical miles from the shore are classified as approved if a sanitary survey, conducted within twelve years, shows there are no pollution sources that will impact the microbiological water quality.

    435(3) Conditionally approved 438harvest 439areas – An area shall be classified as conditionally approved when a sanitary survey, conducted in accordance with Chapter IV of the National Shellfish Sanitation Program Model Ordinance, indicates that the area is subjected to intermittent microbiological pollution. The suitability of such an area for harvesting shellfish for direct marketing may be dependent upon attainment of established performance standards by wastewater treatment facilities discharging effluent directly or indirectly into the area. In other instances, the sanitary quality of the area may be affected by seasonal populations, climatic and/or hydrographic conditions, non-point source pollution, or sporadic use of a dock, marina, or harbor facility. Such areas shall be managed by an operating procedure that will assure that shellfish from the area are not harvested from waters not meeting approved area criteria. In order to develop effective operating procedures, these intermittent pollution events shall be predictable. Harvest from temporarily closed conditionally approved 589harvest 590areas shall be unlawful.

    594(4) Restricted 596harvest 597areas – An area shall be classified as restricted when a sanitary survey, conducted in accordance with Chapter IV of the National Shellfish Sanitation Program Model Ordinance, indicates that fecal material, pathogenic microorganisms, radionuclides, harmful chemicals, and marine biotoxins are not present in dangerous concentrations after shellfish from such an area are subjected to a suitable and effective purification process. The bacteriological quality of every sampling station in those portions of the area most probably exposed to fecal contamination shall meet the following standard: The median or geometric mean fecal coliform Most Probable Number (MPN) of water shall not exceed 88 per 100 ml. and not more than 10 percent of the samples shall exceed a fecal coliform MPN of 260 per 100 ml. (per 5-tube, 3-dilution test) or the median or geometric mean fecal coliform Membrane Filter (MF) colony forming units of water shall not exceed 88 per 100 ml., and not more than 10 percent of the samples shall exceed a fecal coliform MF colony forming unit of 163 per 100 ml. in those portions of the area most probably exposed to fecal contamination during the most unfavorable meteorological, hydrographic, seasonal, and point source pollution conditions. Harvest is permitted according to permit conditions specified in Rule 8055L-1.009, 806F.A.C. Harvest from temporarily closed restricted areas shall be unlawful.

    816(5) Conditionally restricted 819harvest 820areas – An area shall be classified as conditionally restricted when a sanitary survey or other monitoring program data, conducted in accordance with Chapter IV of the National Shellfish Sanitation Program Model Ordinance, indicates that the area is subjected to intermittent microbiological pollution. The suitability of such an area for harvest of shellfish for relaying or depuration activities is dependent upon the attainment of established performance standards by wastewater treatment facilities discharging effluent, directly or indirectly, into the area. In other instances, the sanitary quality of such an area may be affected by seasonal population, non-point sources of pollution, or sporadic use of a dock, marina, or harbor facility, and these intermittent pollution events are predictable. Such areas shall be managed by an operating procedure that will assure that shellfish from the area are not harvested from waters not meeting restricted area criteria. Harvest is permitted according to permit conditions specified in Rule 9735L-1.009, 974F.A.C. Harvest from temporarily closed conditionally restricted areas shall be unlawful.

    985(6) Prohibited 987harvest 988areas – An area shall be classified as prohibited if a sanitary survey indicates that the area does not meet the approved, conditionally approved, restricted, or conditionally restricted classifications. Harvest of shellfish from prohibited areas shall be unlawful. The waters of all man-made canals and marinas are classified prohibited regardless of their location.

    1041(7) Unclassified Area – An area for which no recent sanitary survey exists, and it has not been classified as any area described in subsection (2), (3), (4), (5), or (6), above. Harvest of shellfish from such areas shall be unlawful.

    1082(8) The Department is authorized to open and temporarily close approved, conditionally approved, restricted, or conditionally restricted 1099harvest 1100areas for harvesting of shellfish in emergencies as defined herein, in accordance with specific criteria established in operating procedures for predictively closing individual 1123harvest 1124areas, or when 1127harvest 1128areas do not meet the standards and guidelines established by the National Shellfish Sanitation Program.

    1143(9) The possession of shellfish in Closed Areas is prohibited.

    1153(a) This subsection shall not apply to harvesters operating vessels containing shellfish, tagged in accordance with Rule 11705L-1.007, 1171F.A.C., only if the vessel is proceeding in a continuous and direct route through a Closed Area to a vessel landing area and Shellfish Processor.

    1196(b) This subsection shall not apply to aquaculture leaseholders or Authorized Users, or employees thereof, operating within the boundaries of an authorized aquaculture lease.

    1220(10) Operating procedures for predictively closing each 1227harvest 1228area shall be developed by the Department; local agencies, including those responsible for operation of sewerage systems, and the local shellfish industry may be consulted for technical information during operating procedure development. The predictive procedure shall be based on evaluation of potential sources of pollution which may affect the area and should establish performance standards, specify necessary safety devices and measures, and define inspection and check procedures.

    1295(11) Shellfish harvesting area numbers are as follows:

    1303AREA
    1304NUMBER

    1305HARVEST AREA NAME

    13080222

    1309Pensacola Bay Conditionally Approved Escambia Bay

    13150232

    1316Pensacola Bay Conditionally Approved East Bay

    13220622

    1323Choctawhatchee Bay Conditionally Approved Central Section

    13290632

    1330Choctawhatchee Bay Conditionally Approved Eastern Section

    13360822

    1337West Bay Conditionally Approved

    13411012

    1342North Bay Conditionally Approved Western Section

    13481022

    1349North Bay Conditionally Approved Eastern Section

    13551212

    1356East Bay Conditionally Approved Section 1

    13621401

    1363St. Joseph Bay Approved

    13671506

    1368Indian Lagoon Conditionally Restricted Winter Nov – Feb

    13761512

    1377Indian Lagoon Conditionally Approved Spring/Fall Mar – Jun, Oct

    13861542

    1387Indian Lagoon Conditionally Approved Zone A Winter Nov – Feb

    13971552

    1398Indian Lagoon Conditionally Approved Zone B Winter Nov – Feb

    14081601

    1409Apalachicola Bay System Approved Jan – May, Sept – Dec

    14191611

    1420Apalachicola Bay System Approved Jan – May, Sept – Dec

    14301605

    1431Apalachicola Bay System Zone A , Zone B, Zone C Jan – May, Sept – Dec

    14461621

    1447Apalachicola Bay System Approved June – Aug

    14541631

    1455Apalachicola Bay Approved, Shellfish lease numbers 525, 551, 551B, 580, 582, 609, 672, and 981 Summer June – Aug

    14741612

    1475Apalachicola Bay System Conditionally Approved Jan – May, Sept – Dec

    14861622

    1487Apalachicola Bay System Conditionally Approved Jan – May, Sept – Dec

    14981632

    1499Apalachicola Bay System Conditionally Approved Jan – May, Sept – Dec

    15101671

    1511Apalachicola Bay System Approved Jun – Aug

    15181642

    1519Apalachicola Bay System Conditionally Approved Jan – May, Sept – Dec

    15301652

    1531Apalachicola Bay System Conditionally Approved June – Aug

    15391662

    1540Apalachicola Bay System Conditionally Approved June – Aug

    15481801

    1549Alligator Harbor Approved

    15522002

    1553Ochlockonee Bay Conditionally Approved

    15572006

    1558Ochlockonee Bay Conditionally Restricted

    15622206

    1563Wakulla County Conditionally Restricted

    15672212

    1568Wakulla County Conditionally Approved Zone 1

    15742222

    1575Wakulla County Conditionally Approved Zone 2

    15812502

    1582Horseshoe Beach Conditionally Approved Winter Oct – Mar

    15902802

    1591Suwannee Sound Spring Summer Conditionally Approved Feb – May and Sept

    16022812

    1603Suwannee Sound Spring Winter Conditionally Approved Oct – Jan

    16123001

    1613Cedar Key Approved

    16163012

    1617Cedar Key Conditionally Approved Zone A

    16233022

    1624Cedar Key Conditionally Approved Zone B

    16303202

    1631Waccasassa Bay Conditionally Approved

    16353402

    1636Withlacoochee Bay Conditionally Approved

    16403701

    1641Citrus County Approved Spring/Fall Mar – June and Oct

    16503702

    1651Citrus County Conditionally Approved Winter Nov – Feb

    16594202

    1660Boca Ciega Bay Conditionally Approved

    16654802

    1666Lower Tampa Bay Conditionally Approved

    16715402

    1672Sarasota Bay Conditionally Approved

    16765602

    1677Lemon Bay Conditionally Approved

    16815802

    1682Gasparilla Sound Conditionally Approved

    16866002

    1687Myakka River Conditionally Approved

    16916212

    1692Pine Island Sound Conditionally Approved Section 1

    16996222

    1700Pine Island Sound Conditionally Approved Section 2

    17076232

    1708Pine Island Sound Conditionally Approved Section 3

    17156602

    1716Ten Thousand Islands Conditionally Approved

    17217001

    1722Indian River/St. Lucie Approved

    17267006

    1727Indian River/St. Lucie Restricted

    17317202

    1732North Indian River Conditionally Approved

    17377412

    1738Body F Conditionally Approved

    17427506

    1743Body E Conditionally Restricted

    17477602

    1748Body D Conditionally Approved

    17527712

    1753Body C Conditionally Approved Zone 1 Spring/Summer/Fall Mar – Nov

    17637722

    1764Body C Conditionally Approved Zone 2 Spring/Summer/Fall Mar – Nov

    17747732

    1775Body C Conditionally Approved Winter Dec – Feb

    17837716

    1784Body C Conditionally Restricted Winter Dec – Feb

    17927726

    1793Body C Conditionally Restricted Spring/Summer/Fall Mar – Nov

    18017812

    1802Body B Conditionally Approved

    18067902

    1807South Banana River Conditionally Approved

    18127906

    1813South Banana River Conditionally Restricted

    18188001

    1819Body A Approved

    18228005

    1823Body A Restricted

    18268201

    1827South Volusia Approved

    18308212

    1831South Volusia Conditionally Approved Zone 1

    18378222

    1838South Volusia Conditionally Approved Zone 2

    18448206

    1845South Volusia Conditionally Restricted

    18498802

    1850South St. Johns Conditionally Approved

    18559202

    1856North St. Johns Conditionally Approved

    18619602

    1862Duval County Conditionally Approved

    1866Rulemaking Authority 1868597.020 FS. 1870Law Implemented 1872597.020 FS. 1874History–New 1-4-87, Amended 8-10-88, 7-9-89, 12-23-91, Formerly 16R-7.004, Amended 7-3-95, 6-18-97, 7-1-97, 7-22-97, 10-12-97, 12-16-97, 12-28-97, 2-12-98, 2-25-98, 7-1-98, 7-20-98, 11-13-98, 12-28-98, 3-18-99, 7-1-99, Formerly 62R-7.004, Amended 6-19-00, 8-9-00, 10-14-01, 8-17-04, 9-28-04, 9-5-05, 6-11-06, 3-11-07, 10-2-07, 4-14-08, 7-28-08, 5-5-09, 6-18-09, 12-28-09, 2-9-11, 8-19-12, 3-23-17, 6-28-18, 9-5-19, 5-4-20, 3-31-21, 1-18-23.