5L-1.003: Shellfish Harvesting Area Standards
PURPOSE AND EFFECT: These amendments propose to reclassify the shellfish harvesting areas #79 South Banana River and #88 South St. Johns. Sanitary surveys have been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommended reclassification of the South Banana River and the South St. Johns shellfish harvesting areas.
SUMMARY: The proposed reclassification of the South Banana River shellfish harvesting area will: a) decrease the size of the Conditionally Approved area by 1,060 acres, from 14,865 acres to 13,805 acres b) increase the size of Conditionally Restricted area by 223 acres, from 9,572 acres to 9,795 acres, and c) increase the size of the Prohibited area by 3,078 acres, from 3,708 acres to 6,786.
The current management of the South Banana River shellfish harvesting area is based on local rainfall. Proposed management of the South Banana River shellfish harvesting area is based on local rainfall. The average closure frequency of South Banana River Conditionally Approved area is expected to decrease 2.5 days per month from 4.5 days per month to 2.0 days per month, and increase for the Conditionally Restricted area by 1.9 days per month from 0.0 to 1.9 days per month.
The proposed reclassification of the South St. Johns shellfish harvesting area will: a) increase the size of the Conditionally Approved area by 316 acres, from 1,225 acres to 1,541 acres b) decrease the size of Conditionally Restricted area by 361 acres, from 675 acres to 314 acres, and c) decrease the size of the Prohibited area by 6 acres, from 49 acres to 43.
The current management of the South St. Johns shellfish harvesting area is based on local rainfall. Proposed management of the South St. Johns shellfish harvesting area is based on local rainfall. The average closure frequency of South St. Johns Conditionally Approved area is expected to decrease 4.7 days per month from 8.0 days per month to 3.3 days per month, and remain the same for the Conditionally Restricted area at 0.0 days per month.
Sanitary surveys have been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommend reclassification of the South Banana River and the South St. Johns shellfish harvesting areas.
These amendments place descriptions, references to shellfish harvesting area map numbers and operating criteria for the South Banana River shellfish harvesting area #79 and the South St. Johns shellfish harvesting area #88 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 South Banana River and the South St. Johns shellfish harvesting area classification boundaries in the shellfish harvesting area maps #79 and #88. These maps are hereby incorporated by reference in subsection 5L-1.003(1), F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
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: October 5, 2009, 3:00 p.m. EST
PLACE: 1203 Governors 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
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 18, 2009, and the document Shellfish Harvesting Area Classification Boundaries and Management Plans, revised ______ June 18, 2009, 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 or is available on the Division’s website at www.FloridaAquaculture.com/pub.htm.
(2) through (11) No change.
Rulemaking 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, 7-28-08, 5-5-09, 6-18-09,_________.