5L-1.003: Shellfish Harvesting Area Standards
PURPOSE AND EFFECT: These amendments propose to reclassify the Apalachicola Bay System shellfish harvesting area. A sanitary survey has been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommends reclassification of the Apalachicola Bay System shellfish harvesting area. This amendment further proposes to simplify the nomenclature of shellfish harvesting areas and update scientific names.
SUMMARY: The proposed reclassification of the Apalachicola Bay System shellfish harvesting area will: a) increase the combined size of Approved areas #1611 and #1601 by 1,499 acres, from 30,256 acres to 31,755 acres b) increase the size of Conditionally Approved area #1642 by 787 acres, from 5,557 acres to 6,344 acres c) decrease the size of the Conditionally Approved area #1612 by 2,064 acres, from 8,709 acres to 6,645 acres d) increase the size of the Conditionally Approved area #1622 by 1,879 acres from 20,834 acres to 22,713 acres e) convert the 10,696 acre Conditionally Restricted area into two Restricted areas to be named Zone A and Zone B with 10,761 acres and 286 acres respectively, f) establish a third Restricted area to be named Zone C of 92 acres, and g) increase the size of the Prohibited area by 226 acres, from 11,059 acres to 11,285 acres.
The current management of the Apalachicola Bay System shellfish harvesting area is based on local rainfall and/or river levels. Proposed management of the Apalachicola Bay System shellfish harvesting area is based on local rainfall and/or river levels. The average closure frequency of Conditionally Approved area #1622 is expected to decrease 1.8 days per month from 6.4 days per month to 4.6 days per month, decrease for the Conditionally Approved area #1632 by 0.2 days per month from 5.4 to 5.2 days per month and decrease for the Conditionally Approved area #1642 by 0.7 days per month from 2.4 to 1.7 days per month.
Harvest area names in the Apalachicola Bay System will be simplified to make them easier to understand. The previous scientific name of the dinoflagellate Gymnodinium breve will be replaced with the current name Karenia brevis in the rule text.
These amendments place descriptions, references to shellfish harvesting area map numbers and operating criteria for the Apalachicola Bay System shellfish harvesting area #16 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 Apalachicola Bay System shellfish harvesting area classification boundaries in shellfish harvesting area maps #16A and #16B. 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 been prepared by the agency. 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.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 23, 2010, 3:00 p.m. – 5:00 p.m., Eastern Standard Time
PLACE: Franklin County Courthouse Annex, Commission Meeting Room, 34 Forbes Street, Apalachicola, 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, 1203 Governor’s Square Boulevard, 5th Floor, Tallahassee, Florida 32301, phone: (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 _______ December 28, 2009, and the document Shellfish Harvesting Area Classification Boundaries and Management Plans, revised _______ December 28, 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 (7) No change.
(8) Approved, conditionally approved, restricted, or conditionally restricted waters shall be temporarily closed to the harvesting of shellfish when counts of the red tide organism Karenia brevis Gymnodinium breve exceed 5000 cells per liter in bays, estuaries, passes or inlets adjacent to shellfish harvesting areas. Areas closed to harvesting because of presence of the red tide organism shall not be reopened until counts are less than or equal to 5000 cells per liter inshore and offshore of the affected shellfish harvesting area, and shellfish meats have been shown to be free of toxin by laboratory analysis.
(9) 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
1601 Apalachicola Bay Approved 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
1641 Apalachicola Bay Approved Jun – Aug
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
1605 Apalachicola Bay Restricted Zone A, Zone B and Zone C
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
2302 St. Marks Conditionally Approved
2303 St. Marks Prohibited
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
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, 12-28-09, ________.