5L-1.003. Shellfish Harvesting Area Standards  


Effective on Monday, May 4, 2020
  • 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 February 2020), 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-11900, 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(3) Conditionally approved 401harvest 402areas – 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 552harvest 553areas shall be unlawful.

    557(4) Restricted 559harvest 560areas – 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 7685L-1.009, 769F.A.C. Harvest from temporarily closed restricted areas shall be unlawful.

    779(5) Conditionally restricted 782harvest 783areas – 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 9365L-1.009, 937F.A.C. Harvest from temporarily closed conditionally restricted areas shall be unlawful.

    948(6) Prohibited 950harvest 951areas – 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.

    1004(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.

    1045(8) The Department is authorized to open and temporarily close approved, conditionally approved, restricted, or conditionally restricted 1062harvest 1063areas for harvesting of shellfish in emergencies as defined herein, in accordance with specific criteria established in operating procedures for predictively closing individual 1086harvest 1087areas, or when 1090harvest 1091areas do not meet the standards and guidelines established by the National Shellfish Sanitation Program.

    1106(9) Operating procedures for predictively closing each 1113harvest 1114area 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.

    1181(10) Shellfish harvesting area numbers are as follows:

    1189AREA
    1190NUMBER

    1191HARVEST AREA NAME

    11940222

    1195Pensacola Bay Conditionally Approved Escambia Bay

    12010232

    1202Pensacola Bay Conditionally Approved East Bay

    12080622

    1209Choctawhatchee Bay Conditionally Approved Central Section

    12150632

    1216Choctawhatchee Bay Conditionally Approved Eastern Section

    12220822

    1223West Bay Conditionally Approved

    12271012

    1228North Bay Conditionally Approved Western Section

    12341022

    1235North Bay Conditionally Approved Eastern Section

    12411206

    1242East Bay Conditionally Restricted Section

    12471212

    1248East Bay Conditionally Approved Section 1

    12541222

    1255East Bay Conditionally Approved Section 2

    12611401

    1262St. Joseph Bay Approved

    12661506

    1267Indian Lagoon Conditionally Restricted Winter Nov – Feb

    12751512

    1276Indian Lagoon Conditionally Approved Spring/Fall Mar – Jun, Oct

    12851542

    1286Indian Lagoon Conditionally Approved Zone A Winter Nov – Feb

    12961552

    1297Indian Lagoon Conditionally Approved Zone B Winter Nov – Feb

    13071601

    1308Apalachicola Bay System Approved Jan – May, Sept – Dec

    13181611

    1319Apalachicola Bay System Approved Jan – May, Sept – Dec

    13291605

    1330Apalachicola Bay System Zone A , Zone B, Zone C Jan – May, Sept – Dec

    13451621

    1346Apalachicola Bay System Approved June – Aug

    13531631

    1354Apalachicola Bay Approved, Shellfish lease numbers 525, 551, 551B, 580, 582, 609, 672, and 981 Summer June – Aug

    13731612

    1374Apalachicola Bay System Conditionally Approved Jan – May, Sept – Dec

    13851622

    1386Apalachicola Bay System Conditionally Approved Jan – May, Sept – Dec

    13971632

    1398Apalachicola Bay System Conditionally Approved Jan – May, Sept – Dec

    14091671

    1410Apalachicola Bay System Approved Jun – Aug

    14171642

    1418Apalachicola Bay System Conditionally Approved Jan – May, Sept – Dec

    14291652

    1430Apalachicola Bay System Conditionally Approved June – Aug

    14381662

    1439Apalachicola Bay System Conditionally Approved June – Aug

    14471801

    1448Alligator Harbor Approved

    14512002

    1452Ochlockonee Bay Conditionally Approved

    14562006

    1457Ochlockonee Bay Conditionally Restricted

    14612206

    1462Wakulla County Conditionally Restricted

    14662212

    1467Wakulla County Conditionally Approved Zone 1

    14732222

    1474Wakulla County Conditionally Approved Zone 2

    14802502

    1481Horseshoe Beach Conditionally Approved Winter Oct – Mar

    14892802

    1490Suwannee Sound Spring Summer Conditionally Approved Feb – May and Sept or Suwannee Sound Winter Conditionally Approved Oct – Jan

    15102812

    1511Suwannee Sound Spring Winter Conditionally Approved Oct – Jan

    15203001

    1521Cedar Key Approved

    15243012

    1525Cedar Key Conditionally Approved Zone A

    15313022

    1532Cedar Key Conditionally Approved Zone B

    15383202

    1539Waccasassa Bay Conditionally Approved

    15433402

    1544Withlacoochee Bay Conditionally Approved

    15483701

    1549Citrus County Approved Spring/Fall Mar – June and Oct

    15583702

    1559Citrus County Conditionally Approved Winter Nov – Feb

    15673703

    1568Citrus County Prohibited

    15713705

    1572Citrus County Restricted Spring/Fall Mar – June and Oct

    15813706

    1582Citrus County Conditionally Restricted Winter Nov – Feb

    15904202

    1591Boca Ciega Bay Conditionally Approved

    15964802

    1597Lower Tampa Bay Conditionally Approved

    16025402

    1603Sarasota Bay Conditionally Approved

    16075602

    1608Lemon Bay Conditionally Approved

    16125802

    1613Gasparilla Sound Conditionally Approved

    16176002

    1618Myakka River Conditionally Approved

    16226212

    1623Pine Island Sound Conditionally Approved Section 1

    16306222

    1631Pine Island Sound Conditionally Approved Section 2

    16386602

    1639Ten Thousand Islands Conditionally Approved

    16447001

    1645Indian River/St. Lucie Approved

    16497006

    1650Indian River/St. Lucie Restricted

    16547202

    1655North Indian River Conditionally Approved

    16607412

    1661Body F Conditionally Approved

    16657506

    1666Body E Conditionally Restricted

    16707602

    1671Body D Conditionally Approved

    16757712

    1676Body C Conditionally Approved Zone 1 Spring/Summer/Fall Mar – Nov

    16867722

    1687Body C Conditionally Approved Zone 2 Spring/Summer/Fall Mar – Nov

    16977732

    1698Body C Conditionally Approved Winter Dec – Feb

    17067716

    1707Body C Conditionally Restricted Winter Dec – Feb

    17157726

    1716Body C Conditionally Restricted Spring/Summer/Fall Mar – Nov

    17247812

    1725Body B Conditionally Approved

    17297902

    1730South Banana River Conditionally Approved

    17357906

    1736South Banana River Conditionally Restricted

    17418001

    1742Body A Approved

    17458005

    1746Body A Restricted

    17498201

    1750South Volusia Approved

    17538212

    1754South Volusia Conditionally Approved Zone 1

    17608222

    1761South Volusia Conditionally Approved Zone 2

    17678206

    1768South Volusia Conditionally Restricted

    17728802

    1773South St. Johns Conditionally Approved

    17789202

    1779North St. Johns Conditionally Approved

    1784Rulemaking Authority 1786597.020 FS. 1788Law Implemented 1790597.020 FS. 1792History–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(1), 10-14-01(1), 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.