The amendments proposed will update Rule 5L-3.004, F.A.C., to reflect statutory changes related to mechanical harvesting, will include construction restrictions adjacent to military installations, and will clarify health requirements and other ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Aquaculture

RULE NO.:RULE TITLE:

5L-3.004Aquaculture Best Management Practices Manual

PURPOSE AND EFFECT: The amendments proposed will update Rule 5L-3.004, F.A.C., to reflect statutory changes related to mechanical harvesting, will include construction restrictions adjacent to military installations, and will clarify health requirements and other sections.

SUMMARY: The amendments proposed are to reflect statutory changes related to mechanical harvesting, will include construction restrictions adjacent to military installations, and will clarify health requirements and other sections. The industry and division staff, along with other government agencies, have identified changes and language that needs clarification in the Best Management Practices Manual.

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 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.

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), 570.07(23), 597.004(2)(a), 791.07 FS.

LAW IMPLEMENTED: 597.003, 597.004, 597.010(17) 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: Portia Sapp, Division of Aquaculture, 600 S Calhoun Street, Suite 217, Tallahassee, Florida 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, FDACS-02034 (rev. August, 2016 September, 2015) is hereby adopted and incorporated by reference and is immediately available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07483 http://www.flrules.org/Gateway/reference.asp?No=Ref-05760 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. August, 2016 September, 2015) and are hereby incorporated by reference and available online as indicated:

(a) USDA NRCS, Ponds-Planning, Design and Construction Agricultural Handbook, Number 590 (November, 1997), http://www.flrules.org/Gateway/reference.asp?No=Ref-05761.

(b) University of Florida IFAS, Stormwater Detention and Discharge from Aquaculture Ponds in Florida, Publication BUL334 (January, 2015), http://www.flrules.org/Gateway/reference.asp?No=Ref-05762.

(c) USDA NRCS, Conservation Practice Standard, Conservation Cover, Code 327 (October, 2011), http://www.flrules.org/Gateway/reference.asp?No=Ref-05763.

(d) USDA NRCS, Conservation Practice Standard, Aquaculture Ponds, Code 397 (June, 2004), http://www.flrules.org/Gateway/reference.asp?No=Ref-05764.

(e) Southern Regional Aquaculture Center, Watershed Fish Production Ponds: Guide to Site Selection and Construction, SRAC Publication No. 102, (September, 2002), http://www.flrules.org/Gateway/reference.asp?No=Ref-05765.

(f) Standard Manatee Conditions For In-Water-Work, U.S. Army Corps of Engineers, (2011), http://www.flrules.org/Gateway/reference.asp?No=Ref-05766.

(g) National Shellfish Sanitation Program (NSSP), Guide for the Control of Molluscan Shellfish, (2015 2013), http://www.flrules.org/Gateway/reference.asp?No=Ref-07484http://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.

(j) Official Certificate of Veterinary Inspection, FDACS-09000 (rev. July, 2008), as adopted and incorporated in Rule 5L-24.003, F.A.C.

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,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kal Knickerbocker

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam,

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 29, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/3/2016