68B-27.017: Apalachicola Bay Oyster Harvesting Restrictions
PURPOSE AND EFFECT: The purpose of this rule amendment is to allow the harvest of oysters seven days a week, year round, in Apalachicola Bay. The Department of Agriculture and Consumer Services (DACS) has recently made rule amendments in response to the national Shellfish Sanitation Program guidelines as it relates to Vibrio vulnificus. The amendment significantly reduces the allowable daytime hours for the harvest of oysters. DACS has requested FWC allow the harvest of oysters seven days a week, year round, to make up for the reduced allowable daily harvest time on the water. The effect of this rule would allow for additional days on the water for the harvest of oysters.
SUMMARY: Rule 68B-27.017, F.A.C., (Apalachicola Bay Oyster Harvesting Restrictions) would be amended to remove language that prohibits the harvest of oysters on Friday or Saturday from June 1 through August 31 and on Saturday or Sunday from September 1 through November 15. Language will remain in the existing rule that closes harvest on weekends November 16 through May 31 if the monitoring program determines the resource cannot sustain harvest of 300 bags of oysters per acre.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule and the preliminary analysis conducted to determine whether a SERC was required.
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.
RULEMAKING AUTHORITY: Article IV, Section 9, Florida Constitution.
LAW IMPLEMENTED: Article IV, Section 9, Florida Constitution.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: During the Commission’s regular meeting May 2-3, 2012, 8:30 a.m. – 5:00 p.m., each day
PLACE: Plantation Golf Resort & Spa, 9301 West Fort Island Trail, Crystal River, FL 34429
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 5 days before the workshop/meeting by contacting: The ADA Coordinator, at (850)488-6411.. 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: Jessica McCawley, Director, Division of Marine Fisheries Management, 2590 Executive Center Circle East, Suite 201, Tallahassee, Florida 32301, (850)487-0554
THE FULL TEXT OF THE PROPOSED RULE IS:
68B-27.017 Apalachicola Bay Oyster Harvesting Restrictions.
In addition to all other provisions of this chapter, the following provisions shall apply to Apalachicola Bay:
(1) No person shall harvest or take oysters for commercial purposes from the waters of Apalachicola Bay:
(a) On any Friday or Saturday from June 1 through August 31 of each year.
(b) On any Saturday or Sunday from September 1 through November 15 of each year.
(1)(2)(a) Except as provided in paragraph (b) and when Apalachicola Bay is not closed for public health purposes, oysters may be harvested in the bay for commercial purposes any day of the week during the period beginning on November 16 each year and continuing through May 31 of the following year.
(b) If during the period beginning on November 16 each year and continuing through May 31 of the following year specified in paragraph (a), the Department’s Shellfish Assessment and Enhancement Section, through its regular monitoring of the abundance of oyster resources on Cat Point Bar and East Hole Bar in the bay, through the Standard Resource Management Protocol (a scale based on scientific sampling that provides a predictive index of the number of oysters available for harvest), establishes that such resources cannot sustain a harvest of 300 bags of oysters per acre, the harvest of oysters for commercial purposes from the bay on Saturday and Sunday of each week for the remainder of the period is prohibited. The Commission shall give notice of such weekend closure in the manner provided in Section 120.81(5), Florida Statutes. The weekend closure shall begin no sooner than one week following such notice.
(2)(3) Harvesting oysters for recreational purposes as provided in Rule 68B-27.014, F.A.C., shall be permitted on any day provided the Bay is not closed for public health reasons.
PROPOSED EFFECTIVE DATE: June 1, 2012.
Rulemaking Specific Authority Art. IV, Sec. 9, Fla. Const. Law Implemented Art. IV, Sec. 9, Fla. Const. History–New 3-10-91, Amended 11-29-93, Formerly 46-27.017, Amended 6-1-99, 9-1-05, 5-18-06, 6-1-12.
BE ADVISED THAT THESE PROPOSED RULES MAY BE FILED FOR ADOPTION AS SOON AS POSSIBLE FOLLOWING THE COMMISSION MEETING AT WHICH THEY ARE CONSIDERED IF THE RULES ARE NOT CHANGED. IF CHANGED, THE RULES MAY BE FILED AS SOON AS POSSIBLE AFTER PUBLICATION OF A NOTICE OF CHANGE IN THE F.A.W.