Aquaculture Best Management Practices Manual, Aquaculture Certificate of Registration, Minimal Impact Aquaculture Facilities, Failure to Comply With the Best Management Practices
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5L-3.004Aquaculture Best Management Practices Manual
5L-3.005Aquaculture Certificate of Registration
5L-3.006Minimal Impact Aquaculture Facilities
5L-3.007Failure to Comply With the Best Management Practices
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 41 No. 156, August 12, 2015 issue of the Florida Administrative Register.
5L-3.004 Aquaculture Best Management Practices Manual.
(1) No change.
(2)(a) through (f) No change.
(g) National Shellfish Sanitation Program (NSSP), Guide for the Control of Molluscan Shellfish, (2013), http://www.flrules.org/Gateway/reference.asp?No=Ref-05848
(h) USDA APHIS Wildlife Services, Prevention and Control of Wildlife Damage, Bird Dispersal Techniques (1994), http://www.flrules.org/Gateway/reference.asp?No=Ref-05849
(i) USDA APHIS Wildlife Services, Prevention and Control of Wildlife Damage, Bird Damage at Aquaculture Facilities (1994), http://www.flrules.org/Gateway/reference.asp?No=Ref-05850
Specific Authority 570.07(23), 597.004(2)(a) (b), 791.07 F.S. Law Implemented 570.232 597.003, 597.004 F.S. History-New 10-4-00, Amended 12-29-02, 6-8-04, 11-22-05, 4-9-07, .
5L-3.005 Aquaculture Certificate of Registration.
No change.
5L-3.006 Minimal Impact Aquaculture Facilities.
No change.
Specific Authority 570.07(23), 597.004(2)(a)(b), FS. Law Implemented 597.002, 597.003(1)(a),(j), 597.004 FS. History New 10-4-00, Amended_______.
5L-3.007 Enforcement Actions and Administrative Penalties for Failure to Comply With the Best Management Practices.
(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Section 597.0041, F.S. The purpose of the guidelines is to give notice of the range of penalties which normally will be imposed for a single violation within a twelve (12) month period. The twelve-month period shall be based on the date of the last non-compliance event documented against the violator. These guidelines list aggravating and mitigating factors that, if present, will increase or reduce the penalties to be imposed against the violator by the department. No aggravating factors will be applied to increase a fine imposed for a single violation above the statutory maximum for a Section 570.971, F.S., Class I category of $1,000 for each violation as provided in Chapter 597, F.S. The guidelines in this rule chapter are based upon a single count violation of each provision listed. Multiple counts of the violated provision or a combination of the listed violations will be added together to determine a total penalty and will be grounds for enhancement of penalties.
(2) through (12) No change.
Specific Authority 597.07(23), 597.004(2)(a)(b), FS. Law Implemented 597.004, 597.0041 FS. History New 10-4-00, Amended,__________.
