5L-1.009. Shellfish Relaying  

Effective on Tuesday, April 2, 2019
  • 1(1) 2Aquacultured shellfish are the only shellfish allowed to be relayed.

    12(2) 13Only certified shellfish aquaculturists are eligible to apply for a 23Special Activity License to Relay Aquacultured Shellfish.

    30(3) Any 32certified shellfish aquaculturist 35wishing to conduct 38aquacultured 39shellfish relaying operations shall 43submit to the Division a completed 49application form entitled “Application for a Special Activity License to Relay 60Aquaculture 61Shellfish 62to Aquaculture Lease or Certified Depuration Facility69” (FDACS-15109, Revision 12/16), 73hereby incorporated by reference and is 79available 80online at 82http://www.flrules.org/Gateway/reference.asp?No=Ref-07000, 84or may be obtained by contacting the Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, 102Tallahassee, Florida 32399. The following information shall be included:

    111(4) The Department, after reviewing the application and finding the plan in compliance with all applicable rules and regulations shall issue a Special Activity License to Relay 138Aquacultured 139Shellfish within the general conditions set forth below:

    147(a) The Department shall establish the effective date and expiration date of the “Special Activity License to Relay 165Aquacultured 166Shellfish.” In no case shall the expiration date be greater than one year from the effective date.

    183(b) 184Aquacultured 185Shellfish relaying shall be conducted only during daylight hours and under the direct supervision of the Department. All persons involved in harvest, transport, and relaying shall comply with these rules and license conditions. Harvesters shall remain within the immediate control and observation of a monitor at all times. 233A monitor shall be provided by the Department241.

    242(c) Relayed 244aquacultured 245shellfish shall be delivered directly to the designated 253aquaculture lease or certified depuration facility 259on the same day of harvest. Diverting 266aquacultured 267shellfish to any other source or location is prohibited 276and will result in immediate seizure of aquacultured shellfish and permanent exclusion of the license holder from future relays295.

    296(d) If 298aquacultured 299shellfish are relayed to a lease in Approved or Conditionally Approved 310Harvest 311areas, they shall not be harvested without written permission from the Department. Permission will be granted only after a minimum of 15 days have elapsed to allow the 339aquacultured 340shellfish to cleanse themselves, and this cleansing is verified by laboratory 351biotoxin 352analysis. The fifteen days will commence when Department 360staff verifies that all aquacultured shellfish in that particular day’s harvest have been relayed. 374The fifteen day period does not include days that shellfish harvesting areas have been temporarily closed to harvest.

    392(e) Laboratory analysis shall consist of a minimum of two samples 403per individual lease parcel 407(each sample to consist of a minimum of 20 individual shellfish). The Department will collect and analyze samples for 426aquacultured 427shellfish relaying. For 430aquacultured 431shellfish being relayed due to marine biotoxins, the laboratory analyses shall 442use an approved NSSP laboratory method 448for 449the specific 451toxin. The toxin level must be less 458than the levels defined in Section II, Chapter IV, @.04(C) of the NSSP Model Ordinance, as incoporated in rule 4775L-1.001, 478F.A.C. 479Relaying for marine biotoxins is only allowed within the following four specific geographic regions of the state: (1) Escambia County through Jefferson County; (2) Taylor County through Levy County; (3) Citrus County through Monroe County; (4) Dade County through Nassau County. Relaying due to marine biotoxins between these specific geographic regions is prohibited 532unless specifically authorized by the Department538. The licensee must coordinate with the certified laboratory and other persons or agencies that these criteria are met and communicate this information to the Department. Upon verification that the criteria have been met the Department will issue the written permission in the form of a letter.

    585(f) 586Aquacultured shellfish 588relaying from Florida waters to another state or country, or from the waters of another state or country to Florida waters or a certified depuration facility, is prohibited.

    616(g) Special conditions shall apply to aquaculture 623use zones (AUZ), 626to relaying and transport operations, laboratory sampling, and harvesting when more than one person or licensee participates on a relay crew composed of other persons or licensees from the same AUZ.

    6571. The “Application for a Special Activity License to Relay 667Aquacultured 668Shellfish 669to Aquaculture Lease or Certified Depuration Facility676” pursuant to subsection 6805L-1.009(4), 681F.A.C., shall incorporate the following additional information:

    688a. The description of the aquaculture; and,

    695b. The description of the aquaculture lease parcel in the aquaculture use zone.

    7082. The Department shall establish an expiration date which shall be the same for all applicants for who participate in relays to aquaculture use zones.

    7333. For an AUZ to be considered as a single entity for laboratory sampling and harvesting, all relaying activity must be terminated by the designated expiration date. The number of participating licensees shall be determined by the number of applicants using the same expiration date and the number of participants is limited by the number of individual aquaculture leases located in the AUZ. When an expiration date has been established for relaying to an AUZ, all applicants shall terminate relay activities on or before the established expiration date regardless of the effective date of the Special Activity License to Relay 833Aquacultured 834Shellfish; except when a single licensee surrenders the Special Activity License to Relay 847Aquacultured 848Shellfish for cancellation and harvests shellfish pursuant to paragraphs 8575L-1.009(4)(d) 858and (e), F.A.C.

    8614. All participating licensees shall surrender their Special Activity License to Relay 873Aquacultured 874Shellfish to the Department for cancellation 880when requested by the Department885.

    8865. 887Aquacultured shellfish 889relayed to an AUZ in an Approved or Conditionally Approved Harvest area shall not be harvested without written permission from the Department.

    9116. Laboratory analysis shall consist of a minimum of two samples (each sample to consist of a minimum of 20 individual shellfish) 933from each individual aquaculture lease parcel, 939collected by an employee of the Department.

    9467. 947Aquacultured s949hellfish relayed under the provisions of Rule 9565L-1.009, 957F.A.C., shall not be harvested without written permission from the Department and permission to harvest by individual licensees shall be denied until all participating licensees receive written permission to harvest.

    987(5) Penalty for violation of Rule 9935L-1.009, 994F.A.C.

    995(a) A “Special Activity License to Relay 1002Aquacultured 1003Shellfish” will be revoked for:

    10081. Any conviction for violation of diverting 1015aquacultured 1016shellfish to any location other than specified on the license.

    10262. Any conviction for violation of depuration periods specified by law for relayed 1039aquacultured 1040shellfish or sale of relayed 1045aquacultured 1046shellfish prior to written authorization by the Department.

    10543. Any conviction for violation of harvesting 1061aquacultured 1062shellfish from any waters not approved by the license.

    1071(b) Pursuant to Section 1075120.60(5), F.S., 1077prior to the entry of a final order revoking a “Special Activity License to Relay 1092Aquacultured 1093Shellfish,” the Department will serve an administrative complaint which affords reasonable notice to the licensee of facts or conduct which warrant the intended action and the licensee is given an adequate opportunity to request a proceeding pursuant to Section 1133120.57, F.S.

    1135(c) Revocation of a “Special Activity License to Relay 1144Aquacultured 1145Shellfish” is permanent.

    1148Rulemaking Authority 1150597.020 FS. 1152Law Implemented 1154597.010(15), 1155(18), 1156597.020 FS. 1158History–New 1-4-87, Amended 5-21-87, 8-10-88, 7-9-89, 12-23-91, 4-21-93, 5-20-93, 6-9-94, Formerly 16R-7.012, Amended 1-1-98, Formerly 62R-7.012, Amended 8-9-00, 5-29-02, 3-23-17, 4-2-19.