Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5L - Division of Aquaculture › Chapter 5L-1 - THE COMPREHENSIVE SHELLFISH CONTROL CODE › Section 5L-1.009 - Shellfish Relaying

Current through Reg. 50, No. 138; July 16, 2024
(1) Aquacultured
				shellfish are the only shellfish allowed to be relayed.
(2) Only certified shellfish aquaculturists
				are eligible to apply for a Special Activity License to Relay Aquacultured
				Shellfish.
(3) Any certified
				shellfish aquaculturist wishing to conduct aquacultured shellfish relaying
				operations shall submit to the Division a completed application form entitled
				"Application for a Special Activity License to Relay Aquaculture Shellfish to
				Aquaculture Lease or Certified Depuration Facility" (FDACS-15109, Revision
				12/16), hereby incorporated by reference and is available online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-07000
,
				or may be obtained by contacting the Division of Aquaculture, Holland Building,
				600 South Calhoun Street, Suite 217, Tallahassee, Florida 32399. The following
				information shall be included:
(4)
				The Department, after reviewing the application and finding the plan in
				compliance with all applicable rules and regulations shall issue a Special
				Activity License to Relay Aquacultured Shellfish within the general conditions
				set forth below:
(a) The Department shall
				establish the effective date and expiration date of the "Special Activity
				License to Relay Aquacultured Shellfish." In no case shall the expiration date
				be greater than one year from the effective date.
(b) Aquacultured Shellfish relaying shall be
				conducted only during daylight hours and under the direct supervision of the
				Department. All persons involved in harvest, transport, and relaying shall
				comply with these rules and license conditions. Harvesters shall remain within
				the immediate control and observation of a monitor at all times. A monitor
				shall be provided by the Department.
(c) Relayed aquacultured shellfish shall be
				delivered directly to the designated aquaculture lease or certified depuration
				facility on the same day of harvest. Diverting aquacultured shellfish to any
				other source or location is prohibited and will result in immediate seizure of
				aquacultured shellfish and permanent exclusion of the license holder from
				future relays.
(d) If aquacultured
				shellfish are relayed to a lease in Approved or Conditionally Approved Harvest
				areas, they shall not be harvested without written permission from the
				Department. Permission will be granted only after a minimum of 15 days have
				elapsed to allow the aquacultured shellfish to cleanse themselves, and this
				cleansing is verified by laboratory biotoxin analysis. The fifteen days will
				commence when Department staff verifies that all aquacultured shellfish in that
				particular day's harvest have been relayed. The fifteen day period does not
				include days that shellfish harvesting areas have been temporarily closed to
				harvest.
(e) Laboratory analysis
				shall consist of a minimum of two samples per individual lease parcel (each
				sample to consist of a minimum of 20 individual shellfish). The Department will
				collect and analyze samples for aquacultured shellfish relaying. For
				aquacultured shellfish being relayed due to marine biotoxins, the laboratory
				analyses shall use an approved NSSP laboratory method for the specific toxin.
				The toxin level must be less than the levels defined in Section II, Chapter IV,
				@.04(C) of the NSSP Model Ordinance, as incoporated in Rule
				5L-1.001, F.A.C. Relaying for
				marine biotoxins is only allowed within the following four specific geographic
				regions of the state:
(1) Escambia County
				through Jefferson County;
(2)
				Taylor County through Levy County;
(3) Citrus County through Monroe
				County;
(4) Dade County through
				Nassau County. Relaying due to marine biotoxins between these specific
				geographic regions is prohibited unless specifically authorized by the
				Department. The licensee must coordinate with the certified laboratory and
				other persons or agencies that these criteria are met and communicate this
				information to the Department. Upon verification that the criteria have been
				met the Department will issue the written permission in the form of a
				letter.
(f) Aquacultured
				shellfish relaying from Florida waters to another state or country, or from the
				waters of another state or country to Florida waters or a certified depuration
				facility, is prohibited.
(g)
				Special conditions shall apply to aquaculture use zones (AUZ), to relaying and
				transport operations, laboratory sampling, and harvesting when more than one
				person or licensee participates on a relay crew composed of other persons or
				licensees from the same AUZ.
1. The
				"Application for a Special Activity License to Relay Aquacultured Shellfish to
				Aquaculture Lease or Certified Depuration Facility" pursuant to subsection
				5L-1.009(4),
				F.A.C., shall incorporate the following additional information:
a. The description of the aquaculture; and,
b. The description of the
				aquaculture lease parcel in the aquaculture use zone.
2. The Department shall establish an
				expiration date which shall be the same for all applicants for who participate
				in relays to aquaculture use zones.
3. For an AUZ to be considered as a single
				entity for laboratory sampling and harvesting, all relaying activity must be
				terminated by the designated expiration date. The number of participating
				licensees shall be determined by the number of applicants using the same
				expiration date and the number of participants is limited by the number of
				individual aquaculture leases located in the AUZ. When an expiration date has
				been established for relaying to an AUZ, all applicants shall terminate relay
				activities on or before the established expiration date regardless of the
				effective date of the Special Activity License to Relay Aquacultured Shellfish;
				except when a single licensee surrenders the Special Activity License to Relay
				Aquacultured Shellfish for cancellation and harvests shellfish pursuant to
				paragraphs 5L-1.009(4)(d) and
				(e), F.A.C.
4. All participating licensees shall
				surrender their Special Activity License to Relay Aquacultured Shellfish to the
				Department for cancellation when requested by the Department.
5. Aquacultured shellfish relayed to an AUZ
				in an Approved or Conditionally Approved Harvest area shall not be harvested
				without written permission from the Department.
6. Laboratory analysis shall consist of a
				minimum of two samples (each sample to consist of a minimum of 20 individual
				shellfish) from each individual aquaculture lease parcel, collected by an
				employee of the Department.
7.
				Aquacultured shellfish relayed under the provisions of Rule
				5L-1.009, F.A.C., shall not be
				harvested without written permission from the Department and permission to
				harvest by individual licensees shall be denied until all participating
				licensees receive written permission to harvest.