The purpose and effect of the proposed rule is to amend Chapter 5L 3, F.A.C., to reference an updated aquaculture best management practice manual, dated January 2007.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Aquaculture

RULE NO: RULE TITLE
5L-3.004: Aquaculture Best Management Practices Manual
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend Chapter 5L 3, F.A.C., to reference an updated aquaculture best management practice manual, dated January 2007.
SUMMARY: The proposed rule establishes the procedures to follow and best management practices to implement by aquaculture producers in order to obtain an aquaculture certificate of registration from the Florida Department of Agriculture and Consumer Services. The amended reference manual has been rearranged and edited to clarify requirements and create a more understandable manual. Specifically, there are new requirements for aquaculture marine net pens and water conservation and a revised cross reference guide which includes specific BMP requirements for alligator, aquatic turtles, and aquatic snails.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 570.07(23), 597.004(2)(b) FS.
LAW IMPLEMENTED: 597.002, 597.003, 597.004 FS.

WRITTEN COMMENTS MAY BE SUBMITTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE TO: Kal Knickerbocker, Department of Agriculture and Consumer Services, Division of Aquaculture, 1203 Governor’s Square Boulevard, 5th Floor, Tallahassee, FL 32301

IF REQUESTED IN WRITING WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Monday, January 8, 2006,  9:00 a.m.

PLACE: Division of Aquaculture, 1203 Governor’s Square Boulevard, 5th Floor Conference Room, Tallahassee, Florida 32301

If accommodation for a disability is needed to participate in this activity, please notify the Personnel Services Specialist in the Bureau of Personnel Management at [phone] at least seven days before the meeting.

The proposed rule and reference manual are available by contacting Kal Knickerbocker at the above address and telephone number or can be obtained on the Division of Aquaculture’s website at www.FloridaAquaculture.com.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kal Knickerbocker, Department of Agriculture and Consumer Services, Division of Aquaculture, 1203 Governor’s Square Boulevard, 5th Floor, Tallahassee, Florida 32301, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5L-3.004 Aquaculture Best Management Practices Manual.

(1) The Best Management Practices manual used by the Department under Chapter 5L-3, F.A.C., is adopted and incorporated by reference in this section.  The manual is listed below by subject title and date.  Copies of the manual may be obtained by contacting the Division of Aquaculture, 1203 Governor’s Square Boulevard, 5th Floor, Tallahassee, FL 32301, [phone] or from the Division of Aquaculture’s website at www.FloridaAquaculture.com.

(2) Aquaculture Best Management Practices Manual, January, 2007 January, 2005, including Addendum entitled Preventing Wildlife Depredation, and Addendum entitled Non-Native and Restricted Non-Native Species.

(3) The following documents have been adopted by reference into the Aquaculture Best Management Practices Manual, January 2007 January 2005 and are also incorporated by reference into this rule:

(a) USDAS/NRCS Agricultural Handbook, 590 (September, 1997), http://ftp.wcc.nrcs.usda.gov/downloads/ hydrology_hydraulics/misc/ponds.pdf.

(b) University of Florida IFAS Circular No. 334 (February, 1999) http://edis.ifas.ufl.edu.

(c) NRCS Conservation Practice Standard Code 327, Conservation Cover (July, 1998), http://efotg.nrcs.usda. gov/references/public/IA/N327_10-2003.pdf

(d) NRCS, FOTG Commercial Fishponds 397 (March, 2003), http://efotg.nrcs.usda.gov/references/public/ AL/tg397.pdf.

Specific Authority 570.07(23), 597.004(2)(b), 791.07 FS. Law Implemented 570.0705, 597.003, 597.004 FS. History–New 10-4-00, Amended 12-29-02, 6-8-04, 11-22-05,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kal Knickerbocker

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Sherman Wilhelm, Director, Division of Aquaculture

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  December 5, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 23, 2005