The proposed rule amendments will incorporate and adopt the revised National Shellfish Sanitation Program (NSSP) Model Ordinance; remove unnecessary license requirements; remove redundant reapplication requirements; remove confusing language ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Aquaculture

RULE NOS:RULE TITLES:

5L-1.001General Requirements and Intent

5L-1.002Definitions

5L-1.003Shellfish Harvesting Area Standards

5L-1.004Production and Market Standards

5L-1.005Shellfish Processing Plant Certification License

5L-1.006Compliance and Penalties

5L-1.007Container Identification, Terminal Sale Date, Prohibitions

5L-1.008Shellfish Handling

5L-1.009Shellfish Relaying

5L-1.010Buildings and Facilities

5L-1.011Equipment for Shellfish Processing

5L-1.012Sanitary Operations

5L-1.013Plant Operations

5L-1.014Heat Shock Method

5L-1.015Depuration Plant Standards

5L-1.016Depuration Shellfish Sampling Procedures

5L-1.017Depuration-Process Water Treatment Standards

5L-1.018Depuration – Ultraviolet (UV) Unit

5L-1.019Laboratory Procedures and Sample Testing

PURPOSE AND EFFECT: The proposed rule amendments will incorporate and adopt the revised National Shellfish Sanitation Program (NSSP) Model Ordinance; remove unnecessary license requirements; remove redundant reapplication requirements; remove  confusing language regarding draining of shellfish treatment tanks; introduce and describe different styles of wet storage systems for shellfish; and clarify definitions and language associated with the penalty/fine matrix, relaying procedures, and harvester responsibilities.

Additionally, the proposed rule amendments will reclassify shellfish harvesting areas and update associated maps to ensure Florida remains in compliance with NSSP standards and Rule 5L-1.003, F.A.C., to protect the health of shellfish consumers and to provide access to renewable shellfish resources.  The purpose of these amendments is to maximize the amount of shellfish harvesting waters available and to maximize the times those waters will be in the open status while continuing to protect the public health.

SUBJECT AREA TO BE ADDRESSED: The subject areas to be addressed include licensing and application requirements, harvester responsibilities, wet storage systems for shellfish, relay procedures for aquacultured shellfish during red tide blooms, corrective actions for failing oyster time and temperature requirements, and drainage of treatment tanks.

Shellfish harvesting areas and management plans will also be addressed, specifically the reclassification of the Choctawhatchee Bay(#06) , Wakulla (#22), Cedar Key (#30) and Waccasassa Bay(#32) shellfish harvesting areas, removal of  the St. Marks (#23) shellfish harvesting area, and updating the Pine Island (#62) management plan.

RULEMAKING AUTHORITY: 500.09, 500.121(1), 500.172, 597.020 FS.

LAW IMPLEMENTED: 500.10, 500.121(1), 500.172, 597.010(15), 597.020 FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME, AND PLACE SHOWN BELOW:

DATE AND TIME: April 29t, 2016, 1:00 p.m., ET

PLACE: Senator George Kirkpatrick Fish and Wildlife Conservation Commission, 11350 SW 153rd Court, Cedar Key, FL, 32625

DATE AND TIME: May 10, 2016, 1:00 p.m., ET

PLACE: Marine Resources Council Ted Moorehead Lagoon House, 3275 Dixie Highway NE, Palm Bay, FL, 32905

DATE AND TIME: May 11, 2016, 1:00 p.m., ET

PLACE: East Port Utilities, 25550 Harborview Road, Training Room A, Port Charlotte, FL, 33980

DATE AND TIME: May 13, 2016, 1:00 p.m., ET

PLACE: Apalachicola Shellfish Center, 260 Dr. Frederick S. Humphries Street, Apalachicola, FL, 32320

DATE AND TIME: May 16, 2016, 3:00 p.m., CT

PLACE: Santa Rosa County Extension Office, 6263 Dogwood Dr., Milton, FL, 32570

DATE AND TIME: May 17, 2016, 3:00 p.m., CT

PLACE: Bay County Extension Office, 2728 E 14th Street, Panama City, FL, 32570

DATE AND TIME: May 20, 2016, 1:00 p.m., ET

PLACE: Wakulla Environmental Institute, 2932 Crawfordville Highway, Crawfordville, FL, 32570

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jill Fleiger, Division of Aquaculture, 600 S Calhoun Street, Suite 217, Tallahassee, Florida 32399, phone [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:  AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.