9272053, 5L-1.003 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9272053

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Aquaculture

Chapter:

THE COMPREHENSIVE SHELLFISH CONTROL CODE

Overview

RULE:

5L-1.003

Shellfish Harvesting Area Standards

PURPOSE:

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.

RULEMAKING AUTHORITY:

597.020 FS.

LAW:

597.020 FS.

PRINT PUBLISH DATE:

10/22/2010 Vol. 36/42

COMMENTS:

From 10/22/2010 To 11/12/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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