11560865, 5L-1.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11560865

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Aquaculture

Chapter:

THE COMPREHENSIVE SHELLFISH CONTROL CODE

Overview

RULE:

5L-1.003

Shellfish Harvesting Area Standards

PURPOSE:

These amendments propose to reclassify the West Bay, Alligator Harbor, Myakka River and South Volusia shellfish harvesting areas.   Results of sanitary surveys, which evaluated current information on pollution sources and bacteriological water quality, recommended reclassification of the West Bay, Alligator Harbor, Myakka River and South Volusia shellfish harvesting areas.  This amendment further proposes to make a minor change to the boundary of three shellfish areas.  The effect would be to increase the acres available to shell fishing and to decrease the number of days the areas would be closed statewide.

SUMMARY:

The proposed reclassification of the West Bay shellfish harvesting areas will: increase the size of Conditionally Approved area #0822 by 5,758 acres, from 11,987 acres to 17,745 acres; eliminate the Conditionally Approved area #0812, decreasing the size by 13,835 acres, from 13,835 acres to 0 acres; eliminate the Conditionally Restricted area #0806, decreasing the size by 3,078 acres, from 3,078 acres to 0 acres; and decrease the size of the Prohibited area by 2,799 acres, from 7,075 acres to 4,276 acres.  
The current management of the West Bay shellfish harvesting area is based on local rainfall.  Proposed management of the West Bay shellfish harvesting area is based on local rainfall.  The average closure frequency of Conditionally Approved area #0822 is expected to decrease 4.6 days per month from 7.2 days per month to 2.6 days per month. 
The proposed reclassification of the Alligator Harbor shellfish harvesting areas will establish an Approved area  #1802 (3,249 acres) from the existing Conditionally Approved area #1802 (3,249 acres), but will not change the size of the Prohibited area (570 acres).  The current management of the Alligator Harbor shellfish harvesting area is based on local rainfall levels.  Proposed management of the Alligator Harbor shellfish harvesting area is based on local rainfall levels.  The average closure frequency of Approved area #1802 is expected to decrease 0.2 days per month from 0.2 days per month to 0.0 days per month. 
The proposed reclassification of the Myakka River shellfish harvesting areas will: decrease the size of Conditionally Approved area #6002 by 466 acres, from 4,269 acres to 3,803 acres;  increase the size of Conditionally Restricted area #6006 by 368 acres, from 2,952 acres to 3,320 acres; increase the size of the Prohibited area by 99 acres, from 1,760 acres to 1,859 acres.  
The current management of the Myakka River shellfish harvesting area is based on local rainfall and/or river levels.  Proposed management of the Myakka River shellfish harvesting area is based on local river levels.  The average closure frequency of Conditionally Approved area #6002 is expected to increase 0.2 days per month from 2.0 days per month to 2.2 days per month. 
The proposed reclassification of the South Volusia shellfish harvesting areas will: increase the size of Approved area #8201 by 63 acres, from 7,589 acres to 7,652 acres; increase the size of the Conditionally Approved area #8212 by 19 acres, from 1,605 acres to 1,624 acres; decrease the size of the Conditionally Approved area  #8222 by 203 acres from 6,186 acres to 5,983 acres; decrease the size of the Conditionally Restricted area #8206 by 532 acres from 1,197 acres to 665 acres; and decrease the size of the Prohibited area by 45 acres, from 1,342 acres to 1,297 acres.  With the exception of changes to acreages in #8212 and #8206 which are due to improving water quality, all changes to the South Volusia shellfish harvesting area are due to new accurate mapping technologies.  
The current management of the South Volusia shellfish harvesting areas is based on local rainfall.  Proposed management of the South Volusia shellfish harvesting areas is based on local rainfall.  The average closure frequency of Conditionally Approved area #8212 is expected to decrease 3 days per month from 5.1 days per month to 2.1 days per month.  The average closure frequency of Conditionally Approved area #8222 is expected to decrease 0.8 days per month from 1 day per month to 0.2 days per month.  These amendments propose to refine the boundary line of shellfish areas 1601, 1642 and 1605 to reflect current conditions.
These amendments place descriptions, references to shellfish harvesting area map numbers and operating criteria for the West Bay shellfish harvesting area #08, Alligator Harbor shellfish harvesting area #18, Myakka River shellfish harvesting area #60 and the South Volusia shellfish harvesting area #82 in the document Shellfish Harvesting Area Classification Boundaries and Management Plans.  These amendments place descriptions and references to shellfish harvesting area map numbers for the Apalachicola Bay System shellfish harvesting area #16.  These documents are incorporated in 5L-1.003(1).  
Additionally, these amendments provide illustrations of the West Bay shellfish harvesting area classification boundaries in shellfish harvesting area maps #08, illustrations of Apalachicola shellfish harvesting area classification boundaries in shellfish harvesting area maps #16, illustrations of Alligator Harbor shellfish harvesting area classification boundaries in shellfish harvesting area maps #18,  illustrations of the Myakka River shellfish harvesting area classification boundaries in the shellfish harvesting area map #60, and illustrations of the South Volusia shellfish harvesting area classification boundaries in shellfish harvesting area maps #82.  These maps are incorporated by reference in 5L-1.003(1).

RULEMAKING AUTHORITY:

597.020 FS

LAW:

597.020 FS

PRINT PUBLISH DATE:

6/1/2012 Vol. 38/22

COMMENTS:

From 6/1/2012 To 6/22/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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