These amendments propose to reclassify the West Bay, Alligator Harbor, Myakka River and South Volusia shellfish harvesting areas. Results of sanitary surveys, which evaluated current information on pollution sources and bacteriological water ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Aquaculture

RULE NO.: RULE TITLE:
5L-1.003: Shellfish Harvesting Area Standards

PURPOSE AND EFFECT: These amendments propose to reclassify the West Bay, Alligator Harbor, Myakka River and South Volusia shellfish harvesting areas. Results of sanitary surveys, which evaluated current information on pollution sources and bacteriological water quality, recommended reclassification of the West Bay, Alligator Harbor, Myakka River and South Volusia shellfish harvesting areas. This amendment further proposes to make a minor change to the boundary of three shellfish areas. The effect would be to increase the acres available to shell fishing and to decrease the number of days the areas would be closed statewide.

SUMMARY: The proposed reclassification of the West Bay shellfish harvesting areas will: increase the size of Conditionally Approved area #0822 by 5,758 acres, from 11,987 acres to 17,745 acres; eliminate the Conditionally Approved area #0812, decreasing the size by 13,835 acres, from 13,835 acres to 0 acres; eliminate the Conditionally Restricted area #0806, decreasing the size by 3,078 acres, from 3,078 acres to 0 acres; and decrease the size of the Prohibited area by 2,799 acres, from 7,075 acres to 4,276 acres.

The current management of the West Bay shellfish harvesting area is based on local rainfall. Proposed management of the West Bay shellfish harvesting area is based on local rainfall. The average closure frequency of Conditionally Approved area #0822 is expected to decrease 4.6 days per month from 7.2 days per month to 2.6 days per month.

The proposed reclassification of the Alligator Harbor shellfish harvesting areas will establish an Approved area #1802 (3,249 acres) from the existing Conditionally Approved area #1802 (3,249 acres), but will not change the size of the Prohibited area (570 acres). The current management of the Alligator Harbor shellfish harvesting area is based on local rainfall levels. Proposed management of the Alligator Harbor shellfish harvesting area is based on local rainfall levels. The average closure frequency of Approved area #1802 is expected to decrease 0.2 days per month from 0.2 days per month to 0.0 days per month.

The proposed reclassification of the Myakka River shellfish harvesting areas will: decrease the size of Conditionally Approved area #6002 by 466 acres, from 4,269 acres to 3,803 acres; increase the size of Conditionally Restricted area #6006 by 368 acres, from 2,952 acres to 3,320 acres; increase the size of the Prohibited area by 99 acres, from 1,760 acres to 1,859 acres.

The current management of the Myakka River shellfish harvesting area is based on local rainfall and/or river levels. Proposed management of the Myakka River shellfish harvesting area is based on local river levels. The average closure frequency of Conditionally Approved area #6002 is expected to increase 0.2 days per month from 2.0 days per month to 2.2 days per month.

The proposed reclassification of the South Volusia shellfish harvesting areas will: increase the size of Approved area #8201 by 63 acres, from 7,589 acres to 7,652 acres; increase the size of the Conditionally Approved area #8212 by 19 acres, from 1,605 acres to 1,624 acres; decrease the size of the Conditionally Approved area #8222 by 203 acres from 6,186 acres to 5,983 acres; decrease the size of the Conditionally Restricted area #8206 by 532 acres from 1,197 acres to 665 acres; and decrease the size of the Prohibited area by 45 acres, from 1,342 acres to 1,297 acres. With the exception of changes to acreages in #8212 and #8206 which are due to improving water quality, all changes to the South Volusia shellfish harvesting area are due to new accurate mapping technologies.

The current management of the South Volusia shellfish harvesting areas is based on local rainfall. Proposed management of the South Volusia shellfish harvesting areas is based on local rainfall. The average closure frequency of Conditionally Approved area #8212 is expected to decrease 3 days per month from 5.1 days per month to 2.1 days per month. The average closure frequency of Conditionally Approved area #8222 is expected to decrease 0.8 days per month from 1 day per month to 0.2 days per month. These amendments propose to refine the boundary line of shellfish areas 1601, 1642 and 1605 to reflect current conditions.

These amendments place descriptions, references to shellfish harvesting area map numbers and operating criteria for the West Bay shellfish harvesting area #08, Alligator Harbor shellfish harvesting area #18, Myakka River shellfish harvesting area #60 and the South Volusia shellfish harvesting area #82 in the document Shellfish Harvesting Area Classification Boundaries and Management Plans. These amendments place descriptions and references to shellfish harvesting area map numbers for the Apalachicola Bay System shellfish harvesting area #16. These documents are incorporated in subsection 5L-1.003(1), F.A.C.

Additionally, these amendments provide illustrations of the West Bay shellfish harvesting area classification boundaries in shellfish harvesting area maps #08, illustrations of Apalachicola shellfish harvesting area classification boundaries in shellfish harvesting area maps #16, illustrations of Alligator Harbor shellfish harvesting area classification boundaries in shellfish harvesting area maps #18, illustrations of the Myakka River shellfish harvesting area classification boundaries in the shellfish harvesting area map #60, and illustrations of the South Volusia shellfish harvesting area classification boundaries in shellfish harvesting area maps #82. These maps are incorporated by reference in subsection 5L-1.003(1), F.A.C.

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 Department’s analysis of the economic impact of the rule did not trigger any of the requirements in Section 120.541(1), Florida Statutes, for preparing a Statement of Economic Regulatory Costs (SERC). As part of this analysis, the Department relied upon its data base of commercial oyster landings and knowledge of the shellfish harvesting areas.

For example, the proposed amendments improve existing management plans for the benefit of commercial and recreational harvesters while protecting public health. In the Myakka River harvest area, the slight reduction in harvest area is a required action of the Agency to protect public health due to changes in water quality. However, the Department’s review of commercial landings and commercial harvest data indicates the reduced area will have little to any effect because zero commercial landings of oysters occurred in the harvest area and very small (201 pounds) commercial landings of clams ceased in 2003 and have been zero ever since.

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: 597.020 FS.

LAW IMPLEMENTED: 597.020 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

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 3 days before the workshop/meeting by contacting: Chris Brooks, Division of Aquaculture, 1203 Governor’s Square Boulevard, Suite 501, Tallahassee, Florida 32301, Phone: [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, Suite 501, 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, DACS-P-01773, Rrevised February 2012 February 9, 2011, and the document Shellfish Harvesting Area Classification Boundaries and Managemensubsection 5L-1.003(1), F.A.C.t Plans, DACS-P-01593, Rrevised February 2012 February 9, 2011, containing shellfish harvesting area descriptions, references to shellfish harvesting area map numbers, and operating criteria are hearby herein incorporated by reference may be obtained by writing to the Department at 1203 Governor’s Square Boulevard, 5th Floor, Tallahassee, Florida 32301 or online as indicated are available at.

(a) Shellfish Harvesting Area Classification Maps, DACS-P-01593 (Rev. February 2012) – http://flrules.org/ Gateway/reference.

(b) Shellfish Harvesting Area Classification Boundaries and Management Plans, DACS-P-01593 (Rev. February 2012) – http://flrules.org/Gateway/reference.

(2) through (10) No change.

(11) Shellfish harvesting area numbers are as follows:

AREA

NUMBER              HARVEST AREA NAME

0212              Pensacola Bay Conditionally Approved Escambia Bay

              Shellfish Aquaculture Lease Areas managed during the

              Summer months of Jul – Sep

0222              Pensacola Bay Conditionally Approved Escambia Bay

0232              Pensacola Bay Conditionally Approved East Bay

0216              Pensacola Bay Conditionally Restricted Escambia Bay

0226              Pensacola Bay Conditionally Restricted East Bay

0622              Choctawhatchee Bay Conditionally Approved Central

0632              Choctawhatchee Bay Conditionally Approved Eastern

0806              West Bay Conditionally Restricted Spring/Fall Apr – Jun, Oct – Nov

0812              West Bay Conditionally Approved Winter Dec - Mar

0822              West Bay Conditionally Approved Spring/Fall Apr – Jun, Oct Nov -Jun

1012              North Bay Conditionally Approved Western

1022              North Bay Conditionally Approved Eastern

1006              North Bay Conditionally Restricted Eastern

1206              East Bay Conditionally Restricted

1212              East Bay Conditionally Approved Section 1

1222              East Bay Conditionally Approved Section 2

1401              St. Joe Bay Approved

1506              Indian Lagoon Conditionally Restricted

1512              Indian Lagoon Conditionally Approved Spring/Fall Mar – Jun, Oct

1542              Indian Lagoon Conditionally Approved Zone A Winter Nov – Feb

1552              Indian Lagoon Conditionally Approved Zone B Winter Nov – Feb

1572              Indian Lagoon Conditionally Approved Summer Jul – Sep

1611              Apalachicola Bay Approved Jan - May, Sept – Dec

1601              Apalachicola Bay Approved Jan - May, Sept – Dec

1621              Apalachicola Bay Approved  June – Aug

1631              Apalachicola Bay Approved, Shellfish lease numbers

              525, 551, 551B, 580, 582, 609, 672, and 981 Summer June – Aug

1612              Apalachicola Bay Conditionally Approved Jan – May, Sept – Dec

1622              Apalachicola Bay Conditionally Approved Jan – May, Sept – Dec

1632              Apalachicola Bay Conditionally Approved Jan – May, Sept – Dec

1641              Apalachicola Bay Approved Jun-Aug

1642              Apalachicola Bay Conditionally Approved Jan – May, Sept – Dec

1652              Apalachicola Bay Conditionally Approved June – Aug

1662              Apalachicola Bay Conditionally Approved June – Aug

1605              Apalachicola Bay Restricted Zone A, Zone B and Zone C

18021              Alligator Harbor Conditionally Approved

2002              Ochlockonee Bay Conditionally Approved

2006              Ochlockonee Bay Conditionally Restricted

2206              Wakulla County Conditionally Restricted

2212              Wakulla County Conditionally Approved Zone 1 Winter

2222              Wakulla County Conditionally Approved Zone 2 Winter

2232              Wakulla County Conditionally Approved Zone 1 Spring

2242              Wakulla County Conditionally Approved Zone 2 Spring

2302              St. Marks Conditionally Approved

2303              St. Marks Prohibited

2501              Horseshoe Beach Approved Summer Apr – Sep

2502              Horseshoe Beach Conditionally Approved Winter Oct – Mar

2506              Horseshoe Beach Conditionally Restricted Winter Oct – Mar

2802              Suwannee Sound Conditionally Approved Spring

              Summer Feb-May and Sept or Suwannee Sound

              Conditionally Approved Winter Oct-Jan

2806              Suwannee Sound Conditionally Restricted Spring

              Summer Feb-May and Sept or Suwannee Sound

              Conditionally Restricted Winter Oct-Jan

3012              Cedar Key Conditionally Approved Zone A

3022              Cedar Key Conditionally Approved Zone B

3006              Cedar Key Conditionally Restricted

3202              Waccasassa Bay Conditionally Approved

3206              Waccasassa Bay Conditionally Restricted

3402              Withlacoochee Bay Conditionally Approved

3406              Withlacoochee Bay Conditionally Restricted

3701              Citrus County Approved Spring / Fall Mar. – June and Oct.

3702              Citrus County Conditionally Approved Winter Nov. – Feb.

3705              Citrus County Restricted Spring / Fall Mar. – June and Oct.

3706              Citrus County Conditionally Restricted Winter Nov. – Feb.

4202              Boca Ciega Bay Conditionally Approved

4802              Lower Tampa Bay Conditionally Approved

5402              Sarasota Bay Conditionally Approved

5602              Lemon Bay Conditionally Approved

5802              Dan Leonard Gasparilla Sound Conditionally Approved

6002              Myakka River Conditionally Approved

6006              Myakka River Conditionally Restricted

6212              Pine Island Sound Conditionally Approved Western Section

6222              Pine Island Sound Conditionally Approved Eastern Section

6602              Ten Thousand Islands Conditionally Approved

7001              Indian River/St. Lucie Approved

7006              Indian River/St. Lucie Restricted

7202              North Indian River Conditionally Approved

7206              North Indian River Conditionally Restricted

7412              Body F Conditionally Approved

7416              Body F Conditionally Restricted

7506              Body E Conditionally Restricted

7602              Body D Conditionally Approved

7606              Body D Conditionally Restricted

7712              Body C Conditionally Approved Zone 1

              Spring/Summer/Fall Mar – Nov

7722              Body C Conditionally Approved Zone 2

              Spring/Summer/Fall Mar – Nov

7732              Body C Conditionally Approved Winter Dec – Feb

7716              Body C Conditionally Restricted Winter Dec – Feb

7726              Body C Conditionally Restricted Spring/Summer/Fall Mar – Nov

7812              Body B Conditionally Approved Zone 1

7822              Body B Conditionally Approved Zone 2

7902              South Banana River Conditionally Approved

7906              South Banana River Conditionally Restricted

8001              Body A Approved

8005              Body A Restricted

8201              South Volusia Approved

8212              South Volusia Conditionally Approved Zone 1

8222              South Volusia Conditionally Approved Zone 2

8206              South Volusia Conditionally Restricted

8802              St. Johns South Conditionally Approved

8806              St. Johns South Conditionally Restricted

9202              St. Johns North Conditionally Approved

9206              St. Johns North Conditionally Restricted

Rulemaking 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, 6-11-06, 3-11-07, 10-2-07, 4-14-08, 7-28-08, 5-5-09, 6-18-09, 12-28-09, 2-9-11,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Leslie Palmer, Director, Division of Aquaculture

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Adam H. Putnam, Commissioner, Department of Agriculture and Consumer Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 26, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 11, 2012