This amendment proposes to reclassify shellfish harvesting areas #1212 East Bay Conditionally Approved Section 1 and #1222 East Bay Conditionally Approved Section 2 in Bay and Gulf County. A sanitary survey has been conducted that evaluated current ...

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Aquaculture

RULE NO: RULE TITLE
5L-1.003: Shellfish Harvesting Area Standards
PURPOSE AND EFFECT: This amendment proposes to reclassify shellfish harvesting areas #1212 East Bay Conditionally Approved Section 1 and #1222 East Bay Conditionally Approved Section 2 in Bay and Gulf County. A sanitary survey has been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommends reclassification of the East Bay shellfish harvesting area.
SUMMARY: The proposed reclassification of the East Bay shellfish harvesting area will not change the size of East Bay Conditionally Approved Section 1. The proposed reclassification of the East Bay shellfish harvesting area will increase the size of East Bay Section 2 conditionally approved area by 1,359 acres, from 2,762 acres to 4,121 acres, remove the current conditionally restricted area of 1,194 acres and decrease the size of the current prohibited areas by 4,669 acres, from 11,852 acres to 7,183 acres. The current management of East Bay Conditionally Approved Section 1 and Section 2 shellfish harvesting areas is seasonal and is based on local rainfall or river discharge. Proposed management of East Bay Conditionally Approved Section 1 and Section 2 shellfish harvesting areas is seasonal and is based on local rainfall or river discharge. The average closure frequency of the 1212 Conditionally Approved East Bay Section 1 is expected to decrease by 2.3 days per month, from 6.7 days to 4.4 days per month. The average closure frequency of the 1222 Conditionally Approved East Bay Section 2 is expected to decrease by 9.9 days per month, from 16.4 days to 6.5 days per month. A sanitary survey has been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommends reclassification of the East Bay shellfish harvesting area.
These amendments place descriptions, references to shellfish harvesting area map numbers and operating criteria for the East Bay shellfish harvesting area #12 in the document Shellfish Harvesting Area Classification Boundaries and Management Plans. This document is hereby incorporated in 5L-1.003(1). Additionally, these amendments provide an illustration of the East Bay shellfish harvesting area classification boundaries in the shellfish harvesting area map #12. This map is hereby incorporated by reference in 5L-1.003(1).
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: 597.020 FS.
LAW IMPLEMENTED: 597.020 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: Monday, May 8, 2006, 10:00 a.m.
PLACE: 1203 Governors Square Boulevard, 5th Floor, Tallahassee, 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, 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: 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___________________September 5, 2005, and the document Shellfish Harvesting Area Classification Boundaries and Management Plans, revised __________________September 5, 2005, containing shellfish harvesting area deions, 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.

(2) through (10) No change.

Specific 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, ____________

 

INDEX OF SHELLFISH HARVESTING AREA

CLASSIFICATION MAPS, BOUNDARIES AND MANAGEMENT PLANS

Revised __________________ September 5, 2005

 

Shellfish Harvesting Area
Name	Area Number	Map Number(s)	Effective date
Apalachicola Bay System	16	16A, 16B	September 5, 2005
Alligator Harbor	18	18	October 14, 2001
Boca Ciega Bay	42	42	June 18, 1997
Body A	80	80	December 28, 1997
Body B	78	78	February 7, 1996
Body C	77	77A, 77B	January 1, 1994
Body D	76	76	August 1, 1996
Body E	75	75	January 1, 1994
Body F	74	74	April 5, 2000
Cedar Key	30	30	November 5, 1992
Choctawhatchee Bay	06	06	October 14, 2001
Citrus County	37	37	May 6, 1996
Duval County	96	96	January 31, 1996
East Bay	12	12	______________ January 1, 1995
Gasparilla Sound	58	58	January 25, 1996
Horseshoe Beach	25	25A, 25B	March 18, 1999
Indian Lagoon	15	15A, 15B	September 5, 2005
Indian River/St. Lucie Counties	70	70	June 18, 1997
Lemon Bay	56	56	July 20, 1998
Lower Tampa Bay	48	48	June 18, 1997
Myakka River	60	60	October 28, 1998
North Bay	10	10	August 17, 2004
North Indian River	72	72	June 18, 1997
North St. Johns	92	92	January 1, 1995
Ochlockonee Bay	20	20	August 17, 2004
Pensacola Bay System	02	02	August 17, 2004
Pine Island Sound	62	62	December 28, 1998
Sarasota Bay	54	54	May 6, 1993
South Banana River	79	79	July 22, 1997
South St. Johns	88	88	December 16, 1997
South Volusia	82	82A, 82B	August 9, 2000
St. Joseph Bay	14	14	November 1986
Suwannee Sound	28	28	February 25, 1998
Ten Thousand Islands	66	66	June 18, 1997
Waccasassa Bay	32	32	November 5, 1992
Wakulla County	22	22A, 22B	August 17, 2004
West Bay	08	08A, 08B	December 28, 1998
Withlacoochee Bay	34	34	November 5, 1992

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Brooks
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Sherman Wilhelm, Director, Division of Aquaculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 29, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 20, 2006