Florida Regulations 5L-1.009: Shellfish Relaying
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(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 Fl. Admin. Code R. 5L-1.001 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 Fl. Admin. Code R. 5L-1.009, 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.
(5) Penalty for violation of Fl. Admin. Code R. 5L-1.009
(a) A “”Special Activity License to Relay Aquacultured Shellfish”” will be revoked for:
1. Any conviction for violation of diverting aquacultured shellfish to any location other than specified on the license.
2. Any conviction for violation of depuration periods specified by law for relayed aquacultured shellfish or sale of relayed aquacultured shellfish prior to written authorization by the Department.
3. Any conviction for violation of harvesting aquacultured shellfish from any waters not approved by the license.
(b) Pursuant to Florida Statutes § 120.60(5), prior to the entry of a final order revoking a “”Special Activity License to Relay Aquacultured Shellfish,”” the Department will serve an administrative complaint which affords reasonable notice to the licensee of facts or conduct which warrant the intended action and the licensee is given an adequate opportunity to request a proceeding pursuant to Florida Statutes § 120.57
(c) Revocation of a “”Special Activity License to Relay Aquacultured Shellfish”” is permanent.
Rulemaking Authority 597.020 FS. Law Implemented 597.010(15), (18), 597.020 FS. History-New 1-4-87, Amended 5-21-87, 8-10-88, 7-9-89, 12-23-91, 4-21-93, 5-20-93, 6-9-94, Formerly 16R-7.012, Amended 1-1-98, Formerly 62R-7.012, Amended 8-9-00, 5-29-02, 3-23-17, 4-2-19.
Terms Used In Florida Regulations 5L-1.009
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(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 Fl. Admin. Code R. 5L-1.001 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 Fl. Admin. Code R. 5L-1.009, 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.
(5) Penalty for violation of Fl. Admin. Code R. 5L-1.009
(a) A “”Special Activity License to Relay Aquacultured Shellfish”” will be revoked for:
1. Any conviction for violation of diverting aquacultured shellfish to any location other than specified on the license.
2. Any conviction for violation of depuration periods specified by law for relayed aquacultured shellfish or sale of relayed aquacultured shellfish prior to written authorization by the Department.
3. Any conviction for violation of harvesting aquacultured shellfish from any waters not approved by the license.
(b) Pursuant to Florida Statutes § 120.60(5), prior to the entry of a final order revoking a “”Special Activity License to Relay Aquacultured Shellfish,”” the Department will serve an administrative complaint which affords reasonable notice to the licensee of facts or conduct which warrant the intended action and the licensee is given an adequate opportunity to request a proceeding pursuant to Florida Statutes § 120.57
(c) Revocation of a “”Special Activity License to Relay Aquacultured Shellfish”” is permanent.
Rulemaking Authority 597.020 FS. Law Implemented 597.010(15), (18), 597.020 FS. History-New 1-4-87, Amended 5-21-87, 8-10-88, 7-9-89, 12-23-91, 4-21-93, 5-20-93, 6-9-94, Formerly 16R-7.012, Amended 1-1-98, Formerly 62R-7.012, Amended 8-9-00, 5-29-02, 3-23-17, 4-2-19.