The proposed rule amendments will reclassify some shellfish harvesting areas to protect the health of shellfish consumers and to provide access to renewable shellfish resources. The proposed rule amendment will also clarify ....

 

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-1.006Compliance and Penalties

5L-1.007Container Identification; Prohibitions

5L-1.008Shellfish Handling

PURPOSE AND EFFECT: The proposed rule amendments will reclassify some shellfish harvesting areas to protect the health of shellfish consumers and to provide access to renewable shellfish resources. The proposed rule amendment will also clarify requirements related to commercial shellfish activities. The rulemaking updates the National Shellfish Sanitation Program Model ordinance to the 2019 revision, defines the terms “Authorized User” and “Harvest,” adds language to allow offshore aquaculture leases to be classified as approved if a sanitary survey shows no impact to microbiological water quality, clarifies the rules for possession of shellfish in closed areas, revises the penalty structure for willful violations that endanger public health and safety, clarifies tagging requirements, and requires all commercial harvesters and Aquaculture Certificate of Registration holders to have a license available for inspection while conducting commercial shellfish activities.

SUBJECT AREA TO BE ADDRESSED: The following shellfish harvesting areas and management plans will be amended: Pensacola Bay (#02), East Bay (#12), and Withlacoochee Bay (#34). Updates National Shellfish Sanitation Program Model ordinance to the 2019 revision. Adds language to allow for approved classification for offshore aquaculture. Definitions and shellfish harvesting requirement details are being added to increase rule specificity and public safety standards. A rule and penalty structure for Shellfish Processors is being created for specific violations which pose significant risk to public health.

RULEMAKING AUTHORITY: 397.2522, 500.09, 597.020 F.S.

LAW IMPLEMENTED: 397.2522, 500.09, 597.020 F.S.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Charlie Culpepper, Division of Aquaculture, 600 S. Calhoun Street, Suite 217, Tallahassee, Florida 32399, phone [phone], email [e-mail]

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