Aquaculture Best Management Practices Manual

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Aquaculture

RULE NO.:RULE TITLE:

5L-3.004Aquaculture Best Management Practices Manual

NOTICE OF CORRECTION

Notice is hereby given that the following correction has been made to the proposed rule in Vol. 41 No. 156, August 12, 2015 issue of the Florida Administrative Register.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule 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 information expressly relied upon and described herein:

The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The Department is not proposing amendments to the rule that increase the financial burden to comply with Aquaculture Best Management Practices so there are no additional costs to impact the industry. The proposed rule amendments update the penalty structure in Rule 5L-3.007, F.A.C., to be consistent with Section 570.91, F.S. The proposed rule changes will incorporate the Food and Drug Administration-National Shellfish Sanitation Program requirement to complete a shellfish harvester educational training course which went into effect during the 2014-2015 fiscal year. The proposed changes include best management practices for lionfish to reflect current rule changes in Rule 68-5.005, F.A.C., implemented by the Florida Fish and Wildlife Conservation Commission, currently no facilities actively aquaculture lionfish, so this will not have a financial impact. Other proposed changes include clarification of the containment requirements for northern largemouth bass, intergrade largemouth bass, Nile perches and restricted aquatic turtle species to be consistent with Rule 68-5.002, F.A.C.

The proposed rule amendments update the fee for an Aquaculture Certificate of Registration to be consistent with the statutory language in Section 597.004, F.S. The Aquaculture Certificate of Registration fee was increased from fifty dollars to one-hundred dollars in Florida Statutes effective July 1, 2008. Thus, the proposed rule will indicate a fifty dollar increase in comparison to the current rule; however, the change merely reflects the statutory registration fee that has been in effect since 2008. The proposed changes also incorporate language from the aquaculture lease agreement specific to marking requirements, marking of off bottom culture gear and the requirements for lease clean up following termination or cancellation of a lease pursuant to Rule 18-21.021, F.A.C., and Section 253.71, F.S. Thus the proposed rule changes will not increase regulatory costs; it will merely reflect current law. Additionally, no interested party submitted additional information regarding the economic impact.