Notice of Proposed Rule

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Aquaculture
RULE NO: RULE TITLE
5L-1.003: Shellfish Harvesting Area Standards
PURPOSE AND EFFECT: These amendments propose to reclassify the shellfish harvesting areas #28 Suwannee Sound and #92 North St. Johns. Sanitary surveys have been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommend reclassification of the Suwannee Sound shellfish harvesting area and the North St. Johns shellfish harvesting area. This amendment further proposes to amend the shellfish harvesting map for #1621 Apalachicola Bay Approved Summer.
SUMMARY: The proposed reclassification of the Suwannee Sound shellfish harvesting area for the winter months will decrease the size of the conditionally approved area by 5,003 acres, from 71,467 acres to 66,464 acres, increase the size of the conditionally restricted area by 4,804 acres, from 26,591 acres to 31,395 acres, and increase the size of the prohibited area by 196 acres, from 4,697 acres to 4,893 acres. The proposed reclassification of the Suwannee Sound shellfish harvesting area for the spring and summer months will decrease the size of the conditionally approved area by 4,189 acres, from 71,467 acres to 67,278 acres, increase the size of the conditionally restricted area by 4,753 acres, from 26,591 acres to 31,344 acres, and decrease the size of the prohibited area by 252 acres, from 4,697 acres to 4,445 acres.
The current management of the Suwannee Sound shellfish harvesting area is based on local rainfall or river stage. Proposed management of the Suwannee Sound shellfish harvesting area during winter months is based on local rainfall or river stage. Proposed management of the Suwannee Sound shellfish harvesting area during the spring and summer months is based on river stage. The average closure frequency of Suwannee Sound Conditionally Approved during the winter is expected to decrease by 3.5 days per month, from 15.5 days to 12.0 days per month. The average closure frequency of Suwannee Sound Conditionally Restricted during the winter is expected to decrease by 0.2 days per month, from 6.0 days to 5.8 days per month. The average closure frequency of Suwannee Sound Conditionally Approved during the spring and summer is expected to decrease by 8.2 days per month, from 15.5 days to 7.3 days per month. The average closure frequency of Suwannee Sound Conditionally Restricted during the spring and summer is expected to decrease by 3.9 days per month, from 6.0 days to 2.1 days per month.
The proposed reclassification of the North St. Johns shellfish harvesting area will increase the size of the conditionally approved area by 144 acres, from 678 acres to 822 acres, decrease the size of the conditionally restricted area by 74 acres, from 2,270 acres to 2,196 acres, and increase the size of the prohibited area by 125 acres, from 2,470 acres to 2,595 acres. The current management of the North St. Johns shellfish harvesting area is based on local rainfall. Proposed management of the North St. Johns shellfish harvesting area is based on local rainfall. The average closure frequency of North St. Johns Conditionally Approved is expected to decrease by 1.0 days per month, from 3.4 days to 2.4 days per month. The average closure frequency of North St. Johns Conditionally Restricted is expected to decrease by 1.8 days per month, from 2.1 days to 0.3 days per month. Sanitary surveys have been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommend reclassification of the Suwannee Sound shellfish harvesting area and the North St. Johns shellfish harvesting area.
These amendments place descriptions, references to shellfish harvesting area map numbers and operating criteria for the Suwannee Sound shellfish harvesting area #28 and the North St. Johns shellfish harvesting area #92 in the document Shellfish Harvesting Area Classification Boundaries and Management Plans. These documents are hereby incorporated in subsection 5L-1.003(1), F.A.C. Additionally, these amendments provide illustrations of the Suwannee Sound shellfish harvesting area classification boundaries in the shellfish harvesting area maps #28A and #28B, the North St. Johns shellfish harvesting area classification boundaries in the shellfish harvesting area map #92 and the Apalachicola Bay shellfish harvesting area classification boundaries in the shellfish harvesting area map #16B. These maps are hereby incorporated by reference in subsection 5L-1.003(1), F.A.C.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 597.020 FS.
LAW IMPLEMENTED: 597.020 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: Tuesday, January 22, 2007, 10:00 a.m.
PLACE: 1203 Governors Square Boulevard, 5th Floor, Tallahassee, Florida
If accommodation for a disability is needed to participate in this activity, please notify Chris Brooks, Division of Aquaculture, (850)488-4033 at least seven days before the meeting.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Chris Brooks, Division of Aquaculture, 1203 Governor’s Square Boulevard, 5th Floor, Tallahassee, Florida 32301, Phone: (850)488-4033

THE FULL TEXT OF THE PROPOSED RULE IS:

5L-1.003 Shellfish Harvesting Area Standards.

(1) The Department shall describe and/or illustrate harvesting areas and provide harvesting area classifications as approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified as defined herein, including criteria for opening and closing shellfish harvesting areas in accordance with Chapters II and IV of the National Shellfish Sanitation Program Model Ordinance. Copies of the document Shellfish Harvesting Area Classification Maps, revised ________ June 11, 2006, and the document Shellfish Harvesting Area Classification Boundaries and Management Plans, revised ________ June 11, 2006, containing shellfish harvesting area descriptions, references to shellfish harvesting area map numbers, and operating criteria herein incorporated by reference may be obtained by writing to the Department at 1203 Governor’s Square Boulevard, 5th Floor, Tallahassee, Florida 32301.

(2) through (10) No change.

Specific Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, 7-9-89, 12-23-91, Formerly 16R-7.004, Amended 7-3-95, 6-18-97, 7-1-97, 7-22-97, 10-12-97, 12-16-97, 12-28-97, 2-12-98, 2-25-98, 7-1-98, 7-20-98, 11-13-98, 12-28-98, 3-18-99, 7-1-99, Formerly 62R-7.004, Amended 6-19-00, 8-9-00, 10-14-01(1), 10-14-01(1), 8-17-04, 9-28-04, 9-5-05, 6-11-06, ________.

 

AREA

NUMBER              HARVEST AREA NAME

0212                        Pensacola Bay Conditionally Approved Escambia Bay Shellfish Aquaculture Lease Areas managed during the Summer months of Jul – Sep

0222                        Pensacola Bay Conditionally Approved Escambia Bay

0232                        Pensacola Bay Conditionally Approved East Bay

0216                        Pensacola Bay Conditionally Restricted Escambia Bay

0226                        Pensacola Bay Conditionally Restricted East Bay

0622                        Choctawhatchee Bay Conditionally Approved Central

0632                        Choctawhatchee Bay Conditionally Approved Eastern

0806                        West Bay Conditionally Restricted Spring/Fall Apr – Jun, Oct - Nov

0812                        West Bay Conditionally Approved Winter Dec – Mar

0822                        West Bay Conditionally Approved Spring/Fall Apr – Jun, Oct – Nov

1012                        North Bay Conditionally Approved Western

1022                        North Bay Conditionally Approved Eastern

1006                        North Bay Conditionally Restricted Eastern

1206                        East Bay Conditionally Restricted

1212                        East Bay Conditionally Approved Section 1

1222                        East Bay Conditionally Approved Section 2

1401                        St. Joe Bay Approved

1506                        Indian Lagoon Conditionally Restricted

1512                        Indian Lagoon Conditionally Approved Spring/Fall Mar – Jun, Oct

1542                        Indian Lagoon Conditionally Approved Zone A Winter Nov – Feb

1552                        Indian Lagoon Conditionally Approved Zone B Winter Nov – Feb

1572                        Indian Lagoon Conditionally Approved Summer Jul – Sep

1611                        Apalachicola Bay Approved Winter Jan – May, Sept – Dec

1621                        Apalachicola Bay Approved Summer June – Aug

1631                        Apalachicola Bay Approved, Shellfish lease numbers 525, 551, 551B, 580, 582, 609, 672, and 981 Summer June – Aug

1612                        Apalachicola Bay Conditionally Approved West 1 Winter Jan – May, Sept – Dec

1622                        Apalachicola Bay Conditionally Approved West 2 Winter Jan – May, Sept – Dec

1632                        Apalachicola Bay Conditionally Approved West 3 Winter Jan – May, Sept – Dec

1642                        Apalachicola Bay Conditionally Approved East Winter Jan – May, Sept – Dec or Apalachicola Bay Approved East Hole Summer June – Aug

1652                        Apalachicola Bay Conditionally Approved North Summer June – Aug

1662                        Apalachicola Bay Conditionally Approved South Summer June – Aug

1606                        Apalachicola Bay Conditionally Restricted

1802                        Alligator Harbor Conditionally Approved

2002                        Ochlockonee Bay Conditionally Approved

2006                        Ochlockonee Bay Conditionally Restricted

2206                        Wakulla County Conditionally Restricted

2212                        Wakulla County Conditionally Approved Zone 1 Winter

2222                        Wakulla County Conditionally Approved Zone 2 Winter

2232                        Wakulla County Conditionally Approved Zone 1 Spring

2242                        Wakulla County Conditionally Approved Zone 2 Spring

2501                        Horseshoe Beach Approved Summer Apr - Sep

2502                        Horseshoe Beach Conditionally Approved Winter Oct – Mar

2506                        Horseshoe Beach Conditionally Restricted Winter Oct – Mar

2802                        Suwannee Sound Conditionally Approved Spring Summer Feb-May and Sept or

                                Suwannee Sound Conditionally Approved Winter Oct – Jan

2806                        Suwannee Sound Conditionally Restricted Spring Summer Feb – May and Sept or

                                Suwannee Sound Conditionally Restricted Winter Oct – Jan

3012                        Cedar Key Conditionally Approved Zone A

3022                        Cedar Key Conditionally Approved Zone B

3006                        Cedar Key Conditionally Restricted

3202                        Waccasassa Bay Conditionally Approved

3206                        Waccasassa Bay Conditionally Restricted

3402                        Withlacoochee Bay Conditionally Approved

3406                        Withlacoochee Bay Conditionally Restricted

3702                        Citrus County Conditionally Approved

3706                        Citrus County Conditionally Restricted

4202                        Boca Ciega Bay Conditionally Approved

4802                        Lower Tampa Bay Conditionally Approved

5402                        Sarasota Bay Conditionally Approved

5602                        Lemon Bay Conditionally Approved

5802                        Gasparilla Sound Conditionally Approved

6002                        Myakka River Conditionally Approved

6006                        Myakka River Conditionally Restricted

6212                        Pine Island Sound Conditionally Approved Western Section

6222                        Pine Island Sound Conditionally Approved Eastern Section

6602                        Ten Thousand Islands Conditionally Approved

7001                        Indian River/St. Lucie Approved

7006                        Indian River/St. Lucie Restricted

7202                        North Indian River Conditionally Approved

7206                        North Indian River Conditionally Restricted

7412                        Body F Conditionally Approved

7416                        Body F Conditionally Restricted

7506                        Body E Conditionally Restricted

7602                        Body D Conditionally Approved

7606                        Body D Conditionally Restricted

7712                        Body C Conditionally Approved Zone 1 Spring/ Summer/Fall Mar – Nov

7722                        Body C Conditionally Approved Zone 2 Spring/ Summer/Fall Mar – Nov

7732                        Body C Conditionally Approved Winter Dec – Feb

7716                        Body C Conditionally Restricted Winter Dec – Feb

7726                        Body C Conditionally Restricted Spring/ Summer/Fall Mar – Nov

7802                        Body B Conditionally Approved

7902                        South Banana River Conditionally Approved

7906                        South Banana River Conditionally Restricted

8001                        Body A Approved

8005                        Body A Restricted

8201                        South Volusia Approved

8212                        South Volusia Conditionally Approved Zone 1

8222                        South Volusia Conditionally Approved Zone 2

8206                        South Volusia Conditionally Restricted

8802                        St. Johns South Conditionally Approved

8806                        St. Johns South Conditionally Restricted

9202                        St. Johns North Conditionally Approved

9206                        St. Johns North Conditionally Restricted

 

INDEX OF SHELLFISH HARVESTING AREA

CLASSIFICATION MAPS, BOUNDARIES AND MANAGEMENT PLANS

Revised June 11, 2006 ________

 

Shellfish Harvesting Area

 

Name

Area Number

Map Number(s)

Effective date

Apalachicola Bay System

16

16A, 16B

September 5, 2005

______________

Alligator Harbor

18

18

October 14, 2001

Boca Ciega Bay

42

42

September 28, 2004

Body A

80

80

December 28, 1997

Body B

78

78

February 7, 1996

Body C

77

77A, 77B

January 1, 1994

Body D

76

76

August 1, 1996

Body E

75

75

January 1, 1994

Body F

74

74

April 5, 2000

Cedar Key

30

30

September 28, 2004

Choctawhatchee Bay

06

06

October 14, 2001

Citrus County

37

37

May 6, 1996

Duval County

96

96

January 31, 1996

East Bay

12

12

June 11, 2006

Gasparilla Sound

58

58

January 25, 1996

Horseshoe Beach

25

25A, 25B

September 28, 2004

Indian Lagoon

15

15A, 15B

September 5, 2005

Indian River/St. Lucie Counties

70

70

June 18, 1997

Lemon Bay

56

56

July 20, 1998

Lower Tampa Bay

48

48

September 28, 2004

Myakka River

60

60

October 28, 1998

North Bay

10

10

August 17, 2004

North Indian River

72

72

June 18, 1997

North St. Johns

92

92

January 1, 1995

______________

Ochlockonee Bay

20

20

August 17, 2004

Pensacola Bay System

02

02

August 17, 2004

Pine Island Sound

62

62

December 28, 1998

Sarasota Bay

54

54

September 28, 2004

South Banana River

79

79

July 22, 1997

South St. Johns

88

88

December 16, 1997

South Volusia

82

82A, 82B

August 9, 2000

St. Joseph Bay

14

14

November 1986

Suwannee Sound

28

28 A, 28 B

February 25, 1998

______________

Ten Thousand Islands

66

66

September 28, 2004

Waccasassa Bay

32

32

September 28, 2004

Wakulla County

22

22A, 22B

August 17, 2004

West Bay

08

08A, 08B

December 28, 1998

Withlacoochee Bay

34

34

September 28, 2004

 


NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Brooks
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Sherman Wilhelm, Director, Division of Aquaculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 13, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 6, 2006