RULE NO: RULE TITLE
5L-1.003: Shellfish Harvesting Area Standards
PURPOSE AND EFFECT: This amendment proposes to reclassify the shellfish harvesting area #78 Body B. A sanitary survey has been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommended reclassification of the Body B shellfish harvesting area.
SUMMARY: The proposed reclassification of the Body B shellfish harvesting area will increase the total size of the conditionally approved areas by 1,612 acres, from 12,440 acres to 14,052 acres, and decrease the size of the prohibited area by 1,514 acres, from 5,144 acres to 3,630 acres. The current management of the Body B shellfish harvesting area is based on local rainfall. Proposed management of the Body B shellfish harvesting area is based on local rainfall. The average closure frequency of the Body B Conditionally Approved Zone 2 is expected to decrease from 1.0 days per month to 0.5 days per month. The average closure frequency of Body B Conditionally Approved Zone 1 is expected to be 4.7 days per month. No previous closure frequency data exists for this new zone. A sanitary survey has been conducted that evaluated current information on pollution sources and bacteriological water quality, and recommends reclassification of the Body B shellfish harvesting area.
This amendment places descriptions, references to shellfish harvesting area map numbers and operating criteria for the Body B shellfish harvesting area #78 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 Body B shellfish harvesting area classification boundaries in the shellfish harvesting area map #78. This map is hereby incorporated by reference in subsection 5L-1.003(1), F.A.C.
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: March 10, 2008, 5:00 p.m. – 6:00 p.m.
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, (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________~~October 2, 2007~~, and the document Shellfish Harvesting Area Classification Boundaries and Management Plans, revised________~~October 2, 2007~~, 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.

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,_________.

AREA HARVEST AREA NAME

NUMBER

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

~~7802~~ ~~Body B Conditionally Approved~~

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 ~~October 2, 2007~~ __________________

Shellfish Harvesting Area
Name	Area Number	Map Number(s)	Effective date
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	~~February 7, 1996~~ _____________
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	37	May 6, 1996
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