25969633, 5L-1.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 25969633

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Aquaculture

Chapter:

THE COMPREHENSIVE SHELLFISH CONTROL CODE

Overview

RULE:

5L-1.001	General Requirements and Intent
5L-1.002	Definitions
5L-1.003	Shellfish Harvesting Area Standards
5L-1.006	Compliance and Penalties
5L-1.007	Container Identification; Prohibitions
5L-1.008	Shellfish Handling

PURPOSE:

The proposed rule amendments will reclassify some shellfish harvesting areas to protect the health of shellfish consumers and to provide access to renewable shellfish resources. The proposed rule amendment will also clarify requirements related to commercial shellfish activities.  The rulemaking updates the National Shellfish Sanitation Program Model ordinance to the 2019 revision, defines the terms “Authorized User” and “Harvest,” adds language to allow offshore aquaculture leases to be classified as approved if a sanitary survey shows no impact to microbiological water quality, clarifies the rules for possession of shellfish in closed areas, revises the penalty structure for willful violations that endanger public health and safety, clarifies tagging requirements, and requires all commercial harvesters and Aquaculture Certificate of Registration holders to have a license available for inspection while conducting commercial shellfish activities.

SUBJECT:

The following shellfish harvesting areas and management plans will be amended: Pensacola Bay (#02), East Bay (#12), and Withlacoochee Bay (#34). Updates National Shellfish Sanitation Program Model ordinance to the 2019 revision. Adds language to allow for approved classification for offshore aquaculture. Definitions and shellfish harvesting requirement details are being added to increase rule specificity and public safety standards. A rule and penalty structure for Shellfish Processors is being created for specific violations which pose significant risk to public health.

RULEMAKING AUTHORITY:

397.2522, 500.09, 597.020 F.S.

LAW:

397.2522, 500.09, 597.020 F.S.

PRINT PUBLISH DATE:

6/15/2022 Vol. 48/116

RELATED STATUTES
AND LAWS:

397.2522, 500.09, 597.020 F.S., 397.2522, 500.09, 597.020 F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=5L-1.001&PDate=6/15/2022&Section=1

REFERENCE MATERIALS:

No reference(s).

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