These amendments propose to reclassify the Apalachicola Bay System shellfish harvesting area. A sanitary survey has been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommends ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Aquaculture

Rule No.: RULE TITLE
5L-1.003: Shellfish Harvesting Area Standards
PURPOSE AND EFFECT: These amendments propose to reclassify the Apalachicola Bay System shellfish harvesting area. A sanitary survey has been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommends reclassification of the Apalachicola Bay System shellfish harvesting area. This amendment further proposes to simplify the nomenclature of shellfish harvesting areas and update scientific names.
SUMMARY: The proposed reclassification of the Apalachicola Bay System shellfish harvesting area will: a) increase the combined size of Approved areas #1611 and #1601 by 1,499 acres, from 30,256 acres to 31,755 acres b) increase the size of Conditionally Approved area #1642 by 787 acres, from 5,557 acres to 6,344 acres c) decrease the size of the Conditionally Approved area #1612 by 2,064 acres, from 8,709 acres to 6,645 acres d) increase the size of the Conditionally Approved area #1622 by 1,879 acres from 20,834 acres to 22,713 acres e) convert the 10,696 acre Conditionally Restricted area into two Restricted areas to be named Zone A and Zone B with 10,761 acres and 286 acres respectively, f) establish a third Restricted area to be named Zone C of 92 acres, and g) increase the size of the Prohibited area by 226 acres, from 11,059 acres to 11,285 acres.
The current management of the Apalachicola Bay System shellfish harvesting area is based on local rainfall and/or river levels. Proposed management of the Apalachicola Bay System shellfish harvesting area is based on local rainfall and/or river levels. The average closure frequency of Conditionally Approved area #1622 is expected to decrease 1.8 days per month from 6.4 days per month to 4.6 days per month, decrease for the Conditionally Approved area #1632 by 0.2 days per month from 5.4 to 5.2 days per month and decrease for the Conditionally Approved area #1642 by 0.7 days per month from 2.4 to 1.7 days per month.
Harvest area names in the Apalachicola Bay System will be simplified to make them easier to understand. The previous scientific name of the dinoflagellate Gymnodinium breve will be replaced with the current name Karenia brevis in the rule text.
These amendments place descriptions, references to shellfish harvesting area map numbers and operating criteria for the Apalachicola Bay System shellfish harvesting area #16 in the document Shellfish Harvesting Area Classification Boundaries and Management Plans. These documents are hereby incorporated in subsection 5L-1.003(1), F.A.C. Additionally, these amendments provide illustrations of the Apalachicola Bay System shellfish harvesting area classification boundaries in shellfish harvesting area maps #16A and #16B. These maps are hereby incorporated by reference in subsection 5L-1.003(1), F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has been prepared by the agency. There is no anticipated regulatory cost.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 597.020 FS.
LAW IMPLEMENTED: 597.020 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 23, 2010, 3:00 p.m. – 5:00 p.m., Eastern Standard Time
PLACE: Franklin County Courthouse Annex, Commission Meeting Room, 34 Forbes Street, Apalachicola, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Chris Brooks, Division of Aquaculture, 1203 Governor’s Square Boulevard, 5th Floor, Tallahassee, Florida 32301, phone: [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chris Brooks, Division of Aquaculture, 1203 Governor’s Square Boulevard, 5th Floor, Tallahassee, Florida 32301, phone: [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

5L-1.003 Shellfish Harvesting Area Standards.

(1) The Department shall describe and/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 National Shellfish Sanitation Program Model Ordinance. Copies of the document Shellfish Harvesting Area Classification Maps, revised _______ December 28, 2009, and the document Shellfish Harvesting Area Classification Boundaries and Management Plans, revised _______ December 28, 2009, containing shellfish harvesting area descriptions, references to shellfish harvesting area map numbers, and operating criteria herein incorporated by reference may be obtained by writing to the Department at 1203 Governor’s Square Boulevard, 5^th Floor, Tallahassee, Florida 32301 or is available on the Division’s website at www.FloridaAquaculture.com/pub.htm.

(2) through (7) No change.

(8) Approved, conditionally approved, restricted, or conditionally restricted waters shall be temporarily closed to the harvesting of shellfish when counts of the red tide organism Karenia brevis Gymnodinium breve exceed 5000 cells per liter in bays, estuaries, passes or inlets adjacent to shellfish harvesting areas. Areas closed to harvesting because of presence of the red tide organism shall not be reopened until counts are less than or equal to 5000 cells per liter inshore and offshore of the affected shellfish harvesting area, and shellfish meats have been shown to be free of toxin by laboratory analysis.

(9) through (10) No change.

(11) Shellfish harvesting area numbers are as follows:

AREA NUMBER           HARVEST AREA NAME

0212                        Pensacola Bay Conditionally Approved Escambia Bay Shellfish Aquaculture Lease Areas managed during the Summer months of Jul – Sep

0222                        Pensacola Bay Conditionally Approved Escambia Bay

0232                        Pensacola Bay Conditionally Approved East Bay

0216                        Pensacola Bay Conditionally Restricted Escambia Bay

0226                        Pensacola Bay Conditionally Restricted East Bay

0622                        Choctawhatchee Bay Conditionally Approved Central

0632                        Choctawhatchee Bay Conditionally Approved Eastern

0806                        West Bay Conditionally Restricted Spring/Fall Apr – Jun, Oct – Nov

0812                        West Bay Conditionally Approved Winter Dec – Mar

0822                        West Bay Conditionally Approved Spring/Fall Apr – Jun, Oct – Nov

1012                        North Bay Conditionally Approved Western

1022                        North Bay Conditionally Approved Eastern

1006                        North Bay Conditionally Restricted Eastern

1206                        East Bay Conditionally Restricted

1212                        East Bay Conditionally Approved Section 1

1222                        East Bay Conditionally Approved Section 2

1401                        St. Joe Bay Approved

1506                        Indian Lagoon Conditionally Restricted

1512                        Indian Lagoon Conditionally Approved Spring/Fall Mar – Jun, Oct

1542                        Indian Lagoon Conditionally Approved Zone A Winter Nov – Feb

1552                        Indian Lagoon Conditionally Approved Zone B Winter Nov – Feb

1572                        Indian Lagoon Conditionally Approved Summer Jul – Sep

1611                        Apalachicola Bay Approved Winter Jan – May, Sept – Dec

1601                        Apalachicola Bay Approved Jan – May, Sept – Dec

1621                        Apalachicola Bay Approved Summer June – Aug

1631                        Apalachicola Bay Approved, Shellfish lease numbers 525, 551, 551B, 580, 582, 609, 672, and 981 Summer June – Aug

1612                        Apalachicola Bay Conditionally Approved West 1 Winter Jan – May, Sept – Dec

1622                        Apalachicola Bay Conditionally Approved West 2 Winter Jan – May, Sept – Dec

1632                        Apalachicola Bay Conditionally Approved West 3 Winter Jan – May, Sept – Dec

1641                        Apalachicola Bay Approved Jun – Aug

1642                        Apalachicola Bay Conditionally Approved East Winter Jan – May, Sept – Dec or Apalachicola Bay Approved East Hole Summer June – Aug

1652                        Apalachicola Bay Conditionally Approved North Summer June – Aug

1662                        Apalachicola Bay Conditionally Approved South Summer June – Aug

1606                        Apalachicola Bay Conditionally Restricted

1605                        Apalachicola Bay Restricted Zone A, Zone B and Zone C

1802                        Alligator Harbor Conditionally Approved

2002                        Ochlockonee Bay Conditionally Approved

2006                        Ochlockonee Bay Conditionally Restricted

2206                        Wakulla County Conditionally Restricted

2212                        Wakulla County Conditionally Approved Zone 1 Winter

2222                        Wakulla County Conditionally Approved Zone 2 Winter

2232                        Wakulla County Conditionally Approved Zone 1 Spring

2242                        Wakulla County Conditionally Approved Zone 2 Spring

2302                        St. Marks Conditionally Approved

2303                        St. Marks Prohibited

2501                        Horseshoe Beach Approved Summer Apr – Sep

2502                        Horseshoe Beach Conditionally Approved Winter Oct – Mar

2506                        Horseshoe Beach Conditionally Restricted Winter Oct – Mar

2802                        Suwannee Sound Conditionally Approved Spring Summer Feb – May and Sept or Suwannee Sound Conditionally Approved Winter Oct – Jan

2806                        Suwannee Sound Conditionally Restricted Spring Summer Feb-May and Sept or Suwannee Sound Conditionally Restricted Winter Oct – Jan

3012                        Cedar Key Conditionally Approved Zone A

3022                        Cedar Key Conditionally Approved Zone B

3006                        Cedar Key Conditionally Restricted

3202                        Waccasassa Bay Conditionally Approved

3206                        Waccasassa Bay Conditionally Restricted

3402                        Withlacoochee Bay Conditionally Approved

3406                        Withlacoochee Bay Conditionally Restricted

3701                        Citrus County Approved Spring / Fall Mar. – June and Oct.

3702                        Citrus County Conditionally Approved Winter Nov. – Feb.

3705                        Citrus County Restricted Spring / Fall Mar. – June and Oct.

3706                        Citrus County Conditionally Restricted Winter Nov. – Feb.

4202                        Boca Ciega Bay Conditionally Approved

4802                        Lower Tampa Bay Conditionally Approved

5402                        Sarasota Bay Conditionally Approved

5602                        Lemon Bay Conditionally Approved

5802                        Gasparilla Sound Conditionally Approved

6002                        Myakka River Conditionally Approved

6006                        Myakka River Conditionally Restricted

6212                        Pine Island Sound Conditionally Approved Western Section

6222                        Pine Island Sound Conditionally Approved Eastern Section

6602                        Ten Thousand Islands Conditionally Approved

7001                        Indian River/St. Lucie Approved

7006                        Indian River/St. Lucie Restricted

7202                        North Indian River Conditionally Approved

7206                        North Indian River Conditionally Restricted

7412                        Body F Conditionally Approved

7416                        Body F Conditionally Restricted

7506                        Body E Conditionally Restricted

7602                        Body D Conditionally Approved

7606                        Body D Conditionally Restricted

7712                        Body C Conditionally Approved Zone 1 Spring/Summer/Fall Mar – Nov

7722                        Body C Conditionally Approved Zone 2 Spring/ Summer/Fall Mar – Nov

7732                        Body C Conditionally Approved Winter Dec – Feb

7716                        Body C Conditionally Restricted Winter Dec – Feb

7726                        Body C Conditionally Restricted Spring/ Summer/Fall Mar – Nov

7812                        Body B Conditionally Approved Zone 1

7822                        Body B Conditionally Approved Zone 2

7902                        South Banana River Conditionally Approved

7906                        South Banana River Conditionally Restricted

8001                        Body A Approved

8005                        Body A Restricted

8201                        South Volusia Approved

8212                        South Volusia Conditionally Approved Zone 1

8222                        South Volusia Conditionally Approved Zone 2

8206                        South Volusia Conditionally Restricted

8802                        St. Johns South Conditionally Approved

8806                        St. Johns South Conditionally Restricted

9202                        St. Johns North Conditionally Approved

9206                        St. Johns North Conditionally Restricted

Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–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, ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Sherman Wilhelm
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles Bronson, Commissioner, Department of Agriculture and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 5, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 7, 2010