The purpose of this rule amendment is to clarify regulations related to the commercial food shrimp fishery that maintains shrimp alive prior to sale by modifying the regulations found in 68B-31, Florida Administrative Code (F.A.C.). The effect of ...

 

FISH AND WILDLIFE CONSERVATION COMMISSION

Marine Fisheries

RULE NO.:RULE TITLE:

68B-31.009Statewide Food Shrimp Production Restrictions

PURPOSE AND EFFECT: The purpose of this rule amendment is to clarify regulations related to the commercial food shrimp fishery that maintains shrimp alive prior to sale by modifying the regulations found in 68B-31, Florida Administrative Code (F.A.C.).

The effect of this rule will be to establish regulations specific to the live food shrimp fishery and provide for the transit of live food shrimp statewide.

SUMMARY: This rule will establish regulations specific to the live food shrimp fishery and provide for transport and sale of live food shrimp, including establishing live well requirements for vessels and vehicles. This rule would also clarify that live food shrimp do not have to be iced during transport.

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 nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.

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: Article IV, Section 9, Florida Constitution

LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: During the Commission’s regular meeting September 26-27, 2018, 8:30 a.m. – 5:00 p.m. each day

PLACE: Florida Public Safety Institute Conference Center, 85 Academy Drive, Havana, Florida 32333

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 5 days before the workshop/meeting by contacting: the ADA Coordinator, at [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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, and [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

68B-31.009 Statewide Food Shrimp Production Restrictions.

The following requirements shall apply to each person harvesting shrimp in or on the waters of the state as a food shrimp producer. Each such person shall also comply with the regional food shrimp production requirements of Rules 68B-31.010 through 68B-31.015, F.A.C., and the area or seasonal closures in the remainder of the chapter.

(1) through (2) No change.

(3) Transport of live food shrimp –

(a) Live shrimp harvested for the purpose of being delivered and sold alive as food for human consumption are not subject to the icing or refrigeration requirements in 68E-27.022(5), F.A.C. This provision shall not be construed to exempt dead shrimp from the requirements in 68E-27.022(5), F.A.C.

(b) Shrimp harvested for sale alive as food pursuant to this rule shall be constantly maintained in wet live storage condition to minimize mortality. All such shrimp harvested by a food shrimp producer shall be expeditiously transported from the harvesting vessel to onshore facilities on the premises of a licensed wholesale or retail saltwater products dealer with equipment functioning to maintain the quality of shrimp delivered in a live, healthy condition. Shrimp so delivered shall be placed in a tank of clean, continuously aerated saline water at that facility and shall be maintained alive throughout all handling and storage processes. Equipment to maintain live food shrimp during harvest pursuant to this rule and during subsequent transport and storage shall, at a minimum, meet the following requirements:

1. Vessel live well requirements – Each vessel engaged in the harvest of shrimp for sale alive as food pursuant to this rule shall be equipped with a watertight tank, containing a minimum of 16 cubic feet of continuously aerated saline water during such harvest and during transport of any live food shrimp.

2. Vehicle live well requirements – Each vehicle used to transport shrimp from the harvesting vessel to a facility operated by a wholesale or retail saltwater products dealer for sale alive as food harvested pursuant to this rule shall be equipped with a watertight tank, containing a minimum of 32 cubic feet of continuously aerated saline water during transport and holding in the vehicle.

3. Storage requirements –

a. Each facility on the premises of a licensed wholesale or retail saltwater products dealer used to store shrimp for sale alive as food harvested pursuant to this rule shall be equipped with a watertight tank, containing a minimum of 32 cubic feet of continuously aerated saline water during storage.

b. Once received at the facility of a properly licensed wholesale or retail saltwater products dealer, shrimp harvested for sale alive as food pursuant to this rule may be packaged for transport, distribution, and sale. Any live food shrimp packaged pursuant to this provision that is not maintained in a live well must be kept in conditions sufficient to maintain the product alive while in storage and transport.

(3) through (5) renumbered as (4) through (6)

Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 1-1-92, Amended 11-29-93, 1-1-96, 7-16-96, Formerly 46-31.009, Amended 12-2-99, 3-1-05,__________.

 

PROPOSED EFFECTIVE DATE: November 1, 2018

BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED.  IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.R.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Fish and Wildlife Conservation Commission.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 20, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 16, 2018