5L-1.003: Shellfish Harvesting Area Standards
5L-1.007: Container Identification, Terminal Sale Date; Prohibitions
PURPOSE AND EFFECT: This amendment proposes to reclassify the shellfish harvesting area #37 Citrus County. A sanitary survey has been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommended reclassification of the Citrus County shellfish harvesting area.
SUMMARY: The proposed reclassification of the Citrus County shellfish harvesting area will, for Winter months, increase the size of the conditionally approved area by 30,222 acres, from 34,250 acres to 64,472 acres, increase the size of conditionally restricted area by 1,939 acres, from 2,065 acres to 4,004 acres, and decrease the size of the prohibited area by 320 acres, from 7,700 acres to 7,380. For the Spring/Summer months, reclassification of the shellfish harvesting area will establish an approved area of 66,608 acres which will increase the size of the previous conditionally approved area by 32,358 acres, from 34,250 acres, establish a restricted area of 1,867 acres which will decrease the size of the previous conditionally restricted area by 198 acres, from 2,065 acres, and decrease the size of prohibited area by 320 acres, from 7,700 acres to 7,380. The current management of the Citrus County shellfish harvesting area is based on local rainfall. Proposed management of the Citrus County shellfish harvesting area is based on local rainfall. The average closure frequency of Citrus County Conditionally Approved Winter area is expected to decrease 4.4 days per month from 6.8 days per month to 2.4 days per month, and decrease for the conditionally restricted area by 5.0 days per month from 6.8 to 1.8 days per month. The Spring/Summer approved area only closes during emergency conditions such as red tides, hurricanes and sewage spills. A sanitary survey has been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommends reclassification of the Citrus County shellfish harvesting area. This amendment places descriptions, references to shellfish harvesting area map numbers and operating criteria for the Citrus County shellfish harvesting area #37 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, this amendment provides illustrations of the Citrus County shellfish harvesting area classification boundaries in the shellfish harvesting area map #37. This map is hereby incorporated by reference in subsection 5L-1.003(1), F.A.C. Furthermore, information listed in Table 2, which was incorporated herein, is now placed into the text of Rule 5L-1.003, F.A.C., to make it more obvious to the regulated industry member.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: There is no anticipated regulatory cost.
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):
DATE AND TIME: June 13, 2008, 12:00 Noon – 1:00 p.m.
PLACE: 1203 Governor’s Square Boulevard, 5th Floor, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Chris Brooks, Division of Aquaculture, at (850)488-4033. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
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_________April 14, 2008, and the document Shellfish Harvesting Area Classification Boundaries and Management Plans, revised___________April 14, 2008, 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.
(11) Shellfish harvesting area numbers are as follows:
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
3701 Citrus County Approved Spring / Fall Mar. – June and Oct.
3702 Citrus County Conditionally Approved Winter Nov. – Feb.
3705 Citrus County Restricted Spring / Fall Mar. – June and Oct.
3706 Citrus County Conditionally Restricted Winter Nov. – Feb.
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
7812 Body B Conditionally Approved Zone 1
7822 Body B Conditionally Approved Zone 2
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
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, 3-11-07, 10-2-07, 4-14-08,_________.
5L-1.007 Container Identification, Terminal Sale Date; Prohibitions
(1) through (2) No change.
(3) The commercial harvester’s tags shall contain legible waterproof indelible information arranged in the specific order as follows:
(a) The harvester’s saltwater product license number or aquaculture certificate number;
(b) The date of harvesting;
(c) The time of harvest;
(d) The time of refrigeration, if applicable;
(e) The identification of the harvest area using the four digit area number or name of the harvest area listed in Table 2, subsection 5L-1.003(11), F.A.C. which is incorporated herein and appears at the end of this chapter, as well as the most precise identification within that area as practicable;
(f) Common name of shellfish and quantity of shellfish;
(g) The following statement will appear in bold capitalized type “THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS.”
(4) through (12) No change.
Specific Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 5-21-87, 8-10-88, 7-9-89, 8-30-89, 5-6-93, 9-14-93, 8-21-94, Formerly 16R-7.010, Amended 9-1-95, 5-8-96, 2-6-97, 10-12-97, 2-12-98, 2-25-98, 7-1-98, 11-13-98, 12-28-98, 3-18-99, 7-1-99, Formerly 62R-7.010, Amended 6-19-00, 8-9-00, 10-14-01, 5-29-02, 8-17-04, 9-28-04,________.
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
7812 Body B Conditionally Approved Zone 1
7822 Body B Conditionally Approved Zone 2
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 April 14, 2008_________
|
Shellfish Harvesting Area |
Area Number |
Map Number(s) |
Effective date |
|
Name |
|
|
|
|
Apalachicola Bay System |
16 |
16A, 16B |
March 11, 2007 |
|
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 |
April 14, 2008 |
|
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 2, 2007 |
|
Citrus County |
37 |
37A, 37B |
_____________
|
|
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 |
March 11, 2007 |
|
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 |
March 11, 2007 |
|
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 |