Florida Department of Agriculture and Consumer Services Division of Aquaculture. Proposed Aquaculture Lease Expansion in Levy County

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1 Florida Department of Agriculture and Consumer Services Division of Aquaculture Proposed Aquaculture Lease Expansion in Levy County

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3 Florida Statutes Governing Aquaculture Submerged Land Leases Authority exists in both Chapter 253 and Chapter 597, F.S. To the extent that it is not contrary to the public interest the board of trustees may lease or authorize the use of submerged lands to which it has title for the conduct of aquaculture activities and grant exclusive use of the bottom and the water column to the extent required by such activities. The Legislature declares that it is in the state s economic, resource enhancement, and food production interests to promote aquaculture production of food and nonfood aquatic species by facilitating the review and approval processes for authorizing the use of sovereignty submerged land or the water column The Legislature declares that aquaculture shall be recognized as a practicable resource management alternative to produce marine aquaculture products Therefore, for the purpose of this section, the Legislature declares that aquaculture is in the public interest.

4 Florida Statutes Governing Aquaculture Submerged Land Lease (cont.) Performance (Cultivation) Requirements - Failure of the lessee to perform effective cultivation shall constitute grounds for cancellation of the lease and forfeiture to the state of all the works, improvements, and animal and plant life in and upon the leased land. Effective cultivation shall consist of the grow out of the aquaculture product according to the business plan provided in the lease contract. Penalties - Any person who conducts aquaculture activities in excess of those authorized by the board or who conducts such activities on state-owned submerged lands without having previously obtained an authorization from the board commits a misdemeanor and shall be subject to imprisonment for not more than 6 months or fine of not more than $1,000, or both. In addition to such fine and imprisonment, all works, improvements, and animal and plant life involved in the project, may be forfeited to the state.

5 Florida Statutes Governing Aquaculture Submerged Land Lease (cont.) The leased lands shall be as compact as possible, taking into consideration the shape of the body of water and the condition of the bottom as to hardness, or soft mud or sand, or other conditions that would render the bottoms desirable or undesirable for the purpose of oyster or clam cultivation. It is the policy of the state to foster aquaculture development when the aquaculture activity is consistent with state resource management goals, environmental protection, proprietary interests, and the state aquaculture plan.

6 Selected Sovereignty Submerged Lands Management Regulations Governing Aquacultural Activities Including Submerged Land Lease Expansion Chapter 18-21, F.A.C. DACS shall consider location of the site, water body, water depth, navigation and safety hazards, channels, distance from shore, presence of fish and wildlife habitat, presence of submerged resources, threatened and endangered species, presence of threatened and endangered species habitat, user conflicts, and resource management when reviewing a request for an aquaculture lease, an aquaculture letter of consent, or an aquaculture management agreement. DACS shall recommend that the Board create a high-density lease area when it receives ten or more individual lease applications in the same water body within a six month period to encourage regional aquacultural and economic development, facilitate resource management, reduce potential adverse environmental impacts, and reduce user conflicts.

7 Selected Sovereignty Submerged Lands Management Regulations Governing Aquacultural Activities Including Submerged Land Lease Expansion (cont.) When DACS identifies tracts of sovereignty submerged lands or water columns designated as high-density lease areas involving multiple lease parcels for aquacultural development, and there is no established priority for selecting qualified applicants, then DACS shall make recommendations to the Board and request consideration concerning the method to be used to select qualified applicants and to determine the amount of lease fees, in accordance with this section. How do these provisions affect the establishment of new leases in Levy County? There are currently 56 individuals on a waiting list to receive a aquaculture submerged land lease in Levy County. These provisions compel the Division to establish a new high-density lease area if we are going to establish any new leases in the area due to the number of people on the waiting list who have previously asked for a lease in the county.

8 Selected Aquaculture Certification and Best Management Practices Regulations Governing Aquacultural Activities on Submerged Land Leases Chapter 5L-3, F,A.C. Aquaculture Certification & Best Management Practices Obtain An SSL authorization and comply with all terms and conditions of that authorization Mechanical harvesting is prohibited unless specifically authorized in the SSL authorization Grow-out bags and cover netting shall be anchored to the bottom All culture materials placed on or in the water shall be clean and free of pollutants including petroleum based products such as creosote, oils, and greases, or other pollutants Responsible for collection and proper disposal of all bags, cover netting, or other material used in the culture o shellfish on the lease when such materials are removed during culture & harvest or if dislodged during storm events Maintain records of all seed purchases and seed sales for a period of two years. Copies of these records must be submitted in the required annual lease audit Follow all NSSP criteria

9 Why is FDACS considering establishing new leases in Levy County? Levy County Submerged Land Lease Waiting List There are currently 56 individuals on the list. Was established in 2000 but no regulations ever established governing it. Legal Counsel says without regulations, we cannot continue to add to a waiting list but we do have to give those on the list preference on obtaining new or unencumbered leases vs expansion by existing leases holders. Clam Industry Task Force Request additional lease sites The Task Force was unanimous in its support of addressing the current waiting lists and making new leases available as soon as possible because of increasing demand for additional shellfish grow-out area. The Division asked the Task Force for input into direction to take for expansion of lease areas and help in identifying potential new lease sites. Cedar Key Aquaculture Association sent a written request to the Division to identify new leases that unproductive leases on Corrigans Reef could be traded for. In addition to the Levy County waiting list, the Division has received four (4) new submerged land lease applications for the area The Division is receiving an increasing number of complaints regarding clam cultivation outside lease boundaries

10 Longer Term Issues to Consider Endangered Species Act US Fish and Wildlife Service currently reviewing 250 petitions to list various species for protection under the ESA with another 350 proposed. While there are no current plans to expand sturgeon critical habitat, some Levy County leases predate current critical habitat designation and were grandfathered into the management plan. It is important to proactively request conceptual BOT approval for SSL areas now rather than waiting 5 or 10 years when choice grow-out areas may be under consideration for ESA expansion of critical habitat, making it more difficult to get approval for leases in those areas. Critical Habitat Designations already been identified in some shellfish culture areas of Florida Gulf Sturgeon (Escambia County to Levy County) Smalltooth sawfish (all of Charlotte Harbor) Proposed Critical Habitat Designations currently under considerations Dwarf seahorse (Charlotte Harbor & the Ten Thousand Island Area) Sea grasses (???)

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12 Longer Term Issues to Consider (cont.) National Ocean Council - Marine Spatial Planning Initiative Goals are to: Support sustainable, secure, productive and efficient use of ocean and coastal resources while also protecting, maintaining and restoring the resources and ecosystems. Provide for and maintain public access while promoting user compatibility and reducing user conflicts. Improve the rigor, coherence, efficiency and consistency of decision-making and the regulatory process. May result in the establishment of Use Zones for the following uses: Habitat preservation Recreational use Commercial fishing Shipping Utility lines Aquaculture It is important to establish aquaculture lease areas now in the planning phase rather than waiting until areas are already allocated for other uses.

13 FDACS Proposal for Allocating New Leases and Unencumbered Leases Tier #1 Levy County Waiting List (Each person gets one lease) Tier #2 Levy County Leaseholder that wants to exchange an existing lease for a new lease (Give one up to get one) Tier #3 Levy County Leaseholder that wants to expand with an additional new lease(s) Tier #4 Businesses/Individuals that do not currently have a lease in Levy County

14 Tier #1 Current Levy County Waiting List Currently has 56 names on list. Must be addressed (they must be given first choice since they have technically been waiting for a lease). Division is following the same process as was used in other counties. This process has started first 14 names were contacted starting June 8th. If they do not take a lease when offered, their name comes off the list. No names are being added to the list.

15 Tier #2 Levy County Leaseholder that wants to exchange old lease for new lease Must be in compliance with all SSL lease conditions A lease exchange is contingent upon on-site survey confirming that all culture structures on current lease have been removed - grow out bags, derelict bags, cover netting

16 Tier #3 Levy County Leaseholder that wants to expand with additional new leases Must be in compliance with all current lease conditions Proof of production (complete annual lease audits) Current Aquaculture Certificate of Registration Lease boundaries properly identified

17 Tier #4 New Business/Individual wants first lease in Levy County Applicant will need to follow the standard lease application process

18 Marine Debris and Aquaculture Use Zone Stewardship Marine Debris Stakeholder Committee Non-regulatory approaches that farmers will implement to prevent production gear loss. Regulatory approaches to prevent production gear loss. Potential revisions to the best management practices. Potential revision to current lease provisions Report regulatory violations means and methods (i.e., CLE-ANUP). Permanent identification of production gear (i.e., AQ#).Has to be something that cannot be easily removed such as tearing off a tag Possible local government/community actions to incentivize cleanup/discourage current practices Educational or training tools, methods and means to: Voluntary Standard Operating Procedures to prevent loss and the means to verify implementation. Non financial incentives to encourage prevention/cleanup. Periodic self assessment and regional clean-up. Recycling program/market. Communicate voluntary and regulatory tools. Trigger short and long term adoption. Areas/locations that should be assessed by Division staff for clean-up during the project. Long term actions and/or partnerships that the farmers, City of Cedar Key, DACS, or others to cleanup and properly dispose of lost gear.

19 Recommendations Needed How many leases to lease in initial phase? Conceptual BOT approval will cover more areas than we would lease initially. Where to site the proposed leases within the identified area? Where should initial leasing take place? Proposed Tier Process? Other than Tier #1, do we allocate on a first come, first serve basis? By lottery? Or For Tier #3, how many new leases should existing leaseholders be able to obtain? Marine Debris suggestions on revised lease provisions that will give FDACS additional tools to deal with leaseholders who abandon leases with derelict bags/infrastructure.

20 Proposed New High Denisty Lease Areas Cedar Key West Gulf Jackson Pelican Reef Scale Key Dog Island Corrigans

21 Suitable culture area per preliminary field survey

22 Conceptual Build Out

23 Example of a Proposed Phase acres

24 Cedar Key Shellfish Harvesting Area #3012 Waccasassa Shellfish Harvesting Area #3202 Suitable culture area per preliminary field survey

25 Cedar Key Shellfish Harvesting Waccasassa Shellfish Harvesting Area #3012 Area #3202 Conceptual Build Out

26 Cedar Key Shellfish Harvesting Waccasassa Shellfish Harvesting Area #3012 Area #3202 Example of a Proposed Phase acres

27 Comments Questions Thoughts

28 ADAM H. PUTNAM, COMMISSIONER 850/