The purpose of this rule development is to create a no-cost shellfish endorsement available to commercial harvesters of oysters who complete the appropriate training course in sanitary shellfish harvest and post-harvest practices. New national ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-27.018Statewide Harvesting Restrictions

PURPOSE AND EFFECT: The purpose of this rule development is to create a no-cost shellfish endorsement available to commercial harvesters of oysters who complete the appropriate training course in sanitary shellfish harvest and post-harvest practices.

New national guidelines were recently adopted by the Interstate Shellfish Sanitation Conference requiring food safety training relating to shellfish harvest and post-harvest practices. This training requirement must be tied to the issuance and renewal of a license in order to comply with the guidelines. Shellfish exports from states that are determined not to be in compliance may not be accepted by other states. In Florida, these requirements apply to the harvest of oysters. Creating a no-cost shellfish endorsement on the saltwater products license and making it available to commercial harvesters of oysters who have completed an approved training course within the last year would satisfy the guidelines and bring Florida’s commercial harvesters of wild shellfish into compliance with the national requirements.

The effect of this rule will be to satisfy national requirements designed to ensure public health and safety, and to make certain that Florida’s shellfish industry continues to be able to export its products nationwide.

SUMMARY: This rule will create a no-cost shellfish endorsement available in association with a saltwater products license for commercial harvesters of oysters that have completed the appropriate training course in sanitary shellfish harvest and post-harvest practices. This endorsement will satisfy national requirements designed to ensure public health and safety.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

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.

RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATES, TIME AND PLACE SHOWN BELOW:

DATES AND TIME: During the Commission’s regular meeting November 20-21, 2014, 8:30 a.m. – 5:00 p.m.

PLACE: Hilton Key Largo Resort, 97000 Overseas Highway, Key Largo, Florida 33037

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 5 days before the workshop/meeting by contacting: the ADA Coordinator, at [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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-27.018 Statewide Harvesting Restrictions.

(1) Shellfish endorsement –

(a) Beginning July 1, 2015, except as provided in paragraph (c) or for harvest from aquaculture leases pursuant to an aquaculture certificate issued by the Florida Department of Agriculture and Consumer Services, a commercial harvester may not harvest or possess oysters for commercial purposes in or on Florida Waters or sell oysters unless the commercial harvester is harvesting pursuant to a valid saltwater products license with a shellfish endorsement. 

(b) A shellfish endorsement shall be issued only to a person with a valid saltwater products license who provides proof of completion, within the last 12 months, of a Florida Department of Agriculture and Consumer Services developed or approved training course in shellfish harvest and post-harvest practices.

(c) A commercial harvester who is harvesting pursuant to a valid saltwater products license and a valid Apalachicola Bay oyster harvesting license is exempt from the requirement to possess a shellfish endorsement.

(1) through (6) renumbered (2) through (7) No change.

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Formerly 46-27.018, Amended 6-7-10,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 11, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 3, 2014