Container Identification, Terminal Sale Date; Prohibitions, Shellfish Handling

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Aquaculture

Rule No. : RULE TITLE :
5L-1.007: Container Identification, Terminal Sale Date; Prohibitions
5L-1.008: Shellfish Handling

NOTICE OF CORRECTION

Notice is hereby given that the following correction has been made to the proposed rule in Vol. 37 No. 16, April 22, 2011 issue of the Florida Administrative Weekly.

An incomplete summary of the Statement of Estimated Regulatory Costs was included in the original notice. The summary should have read:

The agency has determined that this rulemaking will have an adverse impact on small businesses, but is not likely to directly or indirectly increase regulatory costs in excess of $200,000.00 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency which states in part: The proposed rule amendment will limit the time oyster harvesters can harvest oysters during certain months of the year. Full or part-time oyster harvesters who are unable to be on the water to harvest in the morning will be impacted by the time controls. This may result in harvesters having fewer bags to sell to processors on a daily basis. Under the rule amendments, in no month is there less than 4 hours allowed for harvesting. Therefore, all harvesters will be able to continue procuring product if they are on the water early in the morning. By contrast, if the rule is not adopted, the U.S. Food and Drug Administration, acting through the Interstate Shellfish Sanitation Conference, may ban the interstate shipment of oysters harvested in Florida. Such an action would have a significant adverse economic impact on Florida’s oyster industry. There are an estimated 1,500 commercial oyster harvesters in the state, a significant number of which are located in the Apalachicola Bay area and are licensed by the Department. Based on boat counts conducted over several years, there is an average of 170 boats harvesting in Apalachicola per day. In addition, there are 51 certified shellfish dealers who receive oysters directly from harvesters daily. 36 of these are considered small to very small processors in that they process less than 75 bags of oysters per day. 8 of these dealers process between 75 and 150 bags per day and 7 dealers in the state process greater than 150 bags per day. The rule amendment may have a minimal impact on product availability for these processors. There will be a minimal impact on a few small counties (primarily Franklin County) as the number of oyster harvesters working daily may decrease given the time limits on the water. It is unknown how that will impact revenue for the counties. Apalachicola (which meets the definition of a small city according to Section 120.52(18), F.S.) and thus Franklin County (which meets the definition of a small county as defined in Section 120.52(19), F.S.), have the highest number of oyster harvesters and certified shellfish dealers compared to other Florida cities/counties. As oyster harvesting will still be allowed under the rule amendments, it is difficult to determine what the impacts will be, if any, to these entities. In addition to public health concerns, failure to institute additional regulatory controls for Vibrio vulnificus could have significant economic repercussions for Florida’s shellfish industry. The Florida Department of Agriculture and Consumer Services, Division of Aquaculture has received a letter from the Interstate Shellfish Sanitation Conference advising that current regulations and other considered regulatory alternatives may not adequately reduce the risk associated with Vibrio vulnificus. In addition, the Conference recommended implementing time and temperature controls, increased enforcement efforts and additional HACCP records demonstrating compliance with time and temperature controls as reflected in our proposed rule. If the U.S. Food and Drug Administration (FDA) was to make a determination that Florida has not instituted adequate public health controls, it could find Florida out of compliance with the National Shellfish Sanitation Program and advise other states that Florida oysters may be unsafe to consume. An advisory of this nature would have devastating consequences for Florida’s oyster markets. Please contact Chris Brooks to obtain a copy of the Department’s Statement of Estimated Regulatory Costs for this rulemaking.

Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

An incorrect hearing date was included in the original notice. The corrected hearing information

should state:

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Monday, May 23, 2011, 5:00 p.m. – 7:00 p.m., Eastern Standard Time

PLACE: Franklin County Courthouse Annex, Commission Meeting Room, 34 Forbes Street, Apalachicola, FL 32320

If accommodation for a disability is needed to participate in this activity, please notify Chris Brooks, Division of Aquaculture, at [phone] at least seven days before the meeting.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chris Brooks, Division of Aquaculture, 1203 Governor’s Square Boulevard, Suite 501, Tallahassee, Florida 32301, phone: [phone]