The proposed rule amendments will reclassify shellfish harvesting areas and update the associated maps to protect the health of shellfish consumers and to provide access to renewable shellfish resources. The effect of these amendments is to ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Aquaculture

RULE NO.:RULE TITLE:

5L-1.003Shellfish Harvesting Area Standards

5L-1.004Production and Market Standards

5L-1.013Facility Operation

PURPOSE AND EFFECT: The proposed rule amendments will reclassify shellfish harvesting areas and update the associated maps to protect the health of shellfish consumers and to provide access to renewable shellfish resources. The effect of these amendments is to maximize the amount of shellfish harvesting waters available and to maximize the times those waters will be in open status while continuing to protect the public health. The terminal sale date is replaced with “Sell By” date to make the rules consistent with the rest of Rule Chapter 5L-1. The record retention for fresh product is revised to be consistent with the 2017 model ordinance.

SUMMARY: public health. The terminal sale date is replaced with “Sell By” date to make the rules consistent with the rest of Rule Chapter 5L-1. The record retention for fresh product is revised to be consistent with the 2017 model ordinance.

SUBJECT AREA TO BE ADDRESSED: The following shellfish harvesting areas and management plans will be amended: North Indian River (#72), South St. John’s (#88) and North St. John’s (#92). Ten Thousand Island (#66) management plan is being updated because the management plan is switching to the NOAA rainfall. The terminal sale date is being replaced with “Sell By” date to make the rules consistent with the rest of Rule Chapter 5L-1.

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: As part of this analysis, the Department reviewed the proposed classification changes and predicted days closed for each shellfish area resurveyed and found no adverse financial impacts to the industry. In instances where the predicted number of days closed increased it was found that this will not impact the industry as those shellfish will be available for harvest on an open harvest day. Classification/management changes were shared with Industry with no negative feedback to date. The proposed rule changes do not require additional fees. Additionally, no interested party submitted additional information regarding the economic impact.

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: 500.09, 597.020 FS.

LAW IMPLEMENTED: 500.10, 500.172, 597.020 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jillian Fleiger, Division of Aquaculture, 600 S Calhoun Street, Suite 217, Tallahassee, FL, 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 NSSP Model Ordinance. Copies of the Shellfish Harvesting Area Classification Maps, (FDACS-P-01773, Revised April 2019 2018), and the Shellfish Harvesting Area Classification Boundaries and Management Plans, (FDACS-P-01593, Revised April 2019 2018), containing shellfish harvesting area descriptions, references to shellfish harvesting area map numbers, and operating criteria are hereby incorporated by reference and may be obtained by writing to Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, Tallahassee, Florida 32399, or online as indicated.

(a) Shellfish Harvesting Area Classification Maps, (FDACS-P-01773, Revised April 2019 2018) http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-09529.

(b) Shellfish Harvesting Area Classification Boundaries and Management Plans, (FDACS-P-01593, Revised April 2019 2018) http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-09528.

(2) through (9) No change.

(10) Shellfish harvesting area numbers are as follows:

AREA NUMBER	HARVEST AREA NAME
0222	Pensacola Bay Conditionally Approved Escambia Bay
0232	Pensacola Bay Conditionally Approved East Bay
0622	Choctawhatchee Bay Conditionally Approved Central Section
0632	Choctawhatchee Bay Conditionally Approved Eastern Section
0822	West Bay Conditionally Approved Oct – Jun
1012	North Bay Conditionally Approved Western Section
1022	North Bay Conditionally Approved Eastern Section
1206	East Bay Conditionally Restricted Section
1212	East Bay Conditionally Approved Section 1
1222	East Bay Conditionally Approved Section 2
1401	St. Joseph Bay Approved
1506	Indian Lagoon Conditionally Restricted Winter Nov – Feb
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
1601	Apalachicola Bay System Approved Jan – May, Sept – Dec
1611	Apalachicola Bay System Approved Jan – May, Sept – Dec
1605	Apalachicola Bay System Zone A , Zone B, Zone C Jan – May, Sept – Dec
1621	Apalachicola Bay System 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 System Conditionally Approved Jan – May, Sept – Dec
1622	Apalachicola Bay System Conditionally Approved Jan – May, Sept – Dec
1632	Apalachicola Bay System Conditionally Approved Jan – May, Sept – Dec
1671	Apalachicola Bay System Approved Jun – Aug
1642	Apalachicola Bay System Conditionally Approved Jan – May, Sept – Dec
1652	Apalachicola Bay System Conditionally Approved June – Aug
1662	Apalachicola Bay System Conditionally Approved June – Aug
1801	Alligator Harbor Approved
2002	Ochlockonee Bay Conditionally Approved
2006	Ochlockonee Bay Conditionally Restricted
2206	Wakulla County Conditionally Restricted
2212	Wakulla County Conditionally Approved Zone 1
2222	Wakulla County Conditionally Approved Zone 2
2502	Horseshoe Beach Conditionally Approved Winter Oct – Mar
2802	Suwannee Sound Spring Summer Conditionally Approved Feb – May and Sept or Suwannee Sound Winter Conditionally Approved Oct – Jan
2812	Suwannee Sound Spring Winter Conditionally Approved Oct – Jan
3001	Cedar Key Approved
3012	Cedar Key Conditionally Approved Zone A
3022	Cedar Key Conditionally Approved Zone B
3202	Waccasassa Bay Conditionally Approved
3402	Withlacoochee Bay Conditionally Approved
3701	Citrus County Approved Spring/Fall Mar – June and Oct
3702	Citrus County Conditionally Approved Winter Nov – Feb
3703	Citrus County Prohibited
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	Gasparilla Sound Conditionally Approved
6002	Myakka River Conditionally Approved
6006	Myakka River Conditionally Restricted
6212	Pine Island Sound Conditionally Approved Section 1
6222	Pine Island Sound Conditionally Approved Section 2
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	South St. Johns Conditionally Approved
8806	South St. Johns Conditionally Restricted
9202	North St. Johns Conditionally Approved
9206	North St. Johns 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, 8-19-12, 3-23-17, 6-28-18,_______.

 

5L-1.004 Production and Market Standards.

(1) through (2) No change.

(3) No shucked shellfish shall be sold, offered for sale, processed, packed, or repacked after the “Sell By” terminal sale date as defined in subsection 5L-1.007(1)(a), F.A.C.

(4) through (8) No change.

Rulemaking Authority 500.09, 597.020 FS. Law Implemented 500.10, 500.172, 597.020 FS. History–New 1-4-87, Amended 8-10-88, 7-9-89, Formerly 16R-7.006, Amended 7-3-95, 5-8-96, 2-6-97, Formerly 62R-7.006, Amended 8-9-00, 5-29-02, 3-23-17,_______.

 

5L-1.013 Facility Operation.

(1) through (9) No change.

(10) Records – Complete, legible, and accurate dated records of purchase and sale of all shellfish shall be kept by all shellfish facilities operating in the state. Records shall remain on file for not less than one year for fresh product and two years for fresh and frozen product. Records shall be made available for the inspection and copying by the Department personnel during facility inspections. Records shall indicate:

(a) through (h) No change.

(11) through (19) No change.

Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 5-21-87, 8-10-88, Formerly 16R-7.016, Amended 7-3-95, 5-8-96, 2-6-97, 6-23-99, Formerly 62R-7.016, Amended 8-9-00, 5-29-02, 7-29-08, 4-26-10, 3-23-17, 4-2-19,___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Portia Sapp, Director of the Division of Aquaculture

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole “Nikki” Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 6/5/2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 6/10/2019