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 ...  

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    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: (850)617-7600.

     

    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