The proposed rule amendment establishes rules, within the Aquaculture Best Management Practices Manual (FDACS-02034), to reflect the recent revisions to Chapter 597.004, F.S. and Rule 68A-23.009, F.A.C.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Aquaculture

RULE NOS.:RULE TITLES:

5L-3.004Aquaculture Best Management Practices Manual

5L-3.007Enforcement Actions and Administrative Penalties for Failure to Comply With the Best Management Practices

PURPOSE AND EFFECT: The proposed rule amendment establishes rules, within the Aquaculture Best Management Practices Manual (FDACS-02034), to reflect the recent revisions to Chapter 597.004, F.S. and Rule 68A-23.009, F.A.C.

SUMMARY: The Aquaculture Best Management Practices Manual (FDACS-02034), is being updated to include a new chapter for Florida largemouth bass, Micropterus salmoides floridanus. This new chapter includes specific rules regarding genetic authentication requirements established by the Florida Fish and Wildlife Conservation Commission’s recent 68A-23.009, F.A.C., rule change. A new major violation is being added to 5L-3.007, F.A.C., for illegal sale of Florida largemouth bass for human consumption.

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 rule expansion which allows Micropterus salmoides floridanus to be sold as a food fish and found no adverse financial impacts to the industry. The proposed rule changes do not require additional fees. 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: 570.07(10) F.S., 570.07(23) F.S., 597.004(2)(a), F.S., 791.07 F.S.

LAW IMPLEMENTED: 597.003 F.S., 597.004 F.S., 597.010(17) F.S., 597.0041 F.S.

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: Charlie Culpepper, Division of Aquaculture, 600 S Calhoun Street, Suite 217, Tallahassee, FL, 32301, Phone: [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5L-3.004 Aquaculture Best Management Practices Manual.

(1) The Aquaculture Best Management Practices Manual manual, FDACS-02034 (rev. April, 2022 November, 2021) is hereby adopted and incorporated by reference and is immediately available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-14005 or may be obtained by contacting the Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, Tallahassee, FL 32399, [phone].

(2) The following documents have been adopted by reference into the Aquaculture Best Management Practices Manual, FDACS-02034 (rev. April, 2022 November, 2021) and are hereby incorporated by reference and available online as indicated:

(a) through (j) No Change

Rulemaking Authority 570.07(10), 570.07(23), 597.004(2)(a), 791.07 FS. Law Implemented 597.003, 597.004, 597.010(17) FS. History–New 10-4-00, Amended 12-29-02, 6-8-04, 11-22-05, 4-9-07, 11-30-15, 1-9-17, 2-10-22,             .

 

5L-3.007 Enforcement Actions and Administrative Penalties for Failure to Comply With the Best Management Practices.

(1) through (7) No Change

(8) Penalties. Any person who violates any provision of Chapter 597, F.S., or Rule Chapter 5L-3, F.A.C., commits a misdemeanor of the first degree, and is subject to a suspension or revocation of his or her certificate of registration.

(a) through (b) No Change

(c) Major violations. Major violations shall result in imposition of a fine of up to $1,000. Any person who violates any provision of Chapter 597, F.S., or Rule Chapter 5L-3, F.A.C., commits a misdemeanor of the first degree, and is subject to a suspension or revocation of his or her certificate of registration. The following violations shall be considered major violations:

1. through 9. No Change

10. Culture or sale of Florida largemouth bass, Micropterus salmoides floridanus, for human consumption which have not been genetically authenticated.

(9) through (12) No Change

Rulemaking Authority 597.07(23), 597.004(2)(a) FS. Law Implemented 597.004, 597.0041 FS. History–New 10-4-00, Amended 11-30-15 ___________.

 

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: 5/13/2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 5/16/2022