Florida Department of Agriculture and Consumer Services Division of Aquaculture Aquaculture on Sovereignty Submerged Land

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1 Division of Aquaculture Aquaculture on Sovereignty Submerged Land Marine aquaculture is an environmentally compatible commercial activity that fosters jobs and income for rural coastal communities. The Florida legislature has declared that it is in the interest of Florida's public, food production, and economic and resource management to promote marine aquaculture production by facilitating the review and approval processes for leasing sovereignty submerged lands and water columns for the culture of native marine organisms. The (FDACS) provides the following information to potential applicants seeking authorization to use state-owned submerged lands for marine aquaculture purposes. These purposes include, but may not be limited to, the culture of marine shellfish (clams, oysters or mussels), food, bait or ornamental fish, crustaceans (shrimp, lobster or crabs) and live rock. In all instances, only native species can be cultured in state of Florida waters. This information is intended to help the applicant understand the laws, rules and policies guiding Florida s aquaculture leasing program and to assist the applicant in successfully completing the aquaculture lease application process. Statutory Authorities State Lands, Chapter 253, Florida Statutes (F.S.), provides the authority and conditions for leasing sovereignty submerged lands and the water column for the purpose of aquaculture. Subject to the limitations contained in sections , F.S., the Board of Trustees may lease submerged lands to which it has title for aquaculture activities and grant use of the bottom and the water column. The Florida Aquaculture Policy Act, Chapter 597, F.S., provides the authority to FDACS to accept applications to lease sovereignty submerged lands, determine lease locations and sizes, execute lease agreements, collect rents, fees and surcharges, establish cultivation requirements, manage lease transfers and cancellations, and require commercial aquaculturists to acquire an annual Aquaculture Certificate of Registration and implement Best Management Practices on their leases. Aquaculture Best Management Practices, Chapter 5L-3, Florida Administrative Code (F.A.C.), describes the annual certification requirement and the Best Management Practices. For more information, please visit: FreshFromFlorida.com/Divisions-Offices/Aquaculture/Aquaculture-Certificateof-Registration. Contents Federal Permits 2 Lease Site Suitability 3 Lease Application 4 Administration and Management of Leases Frequently Asked Questions Marking Your Aquaculture Lease Shellfish Handling and Harvesting, Division of Aquaculture As described in the Florida Aquaculture Policy Act, Chapter 597, F.S., FDACS is the primary agency responsible for regulating aquaculture and is responsible for enhancing the growth of aquaculture in Florida while protecting the environment. In 1999, the Florida Legislature amended Chapter 597, F.S., to create the Division of Aquaculture within FDACS. The division conducts numerous activities to promote the development of aquaculture in Florida. These activities include regulatory, advisory, and technical assistance functions to ensure aquaculture operations are compatible with the Aquaculture Certificate of Registration and Best Management Practices program, and natural resource and public health protection. The division is responsible for administering the leasing of sovereignty submerged state lands and the overlying water column for aquaculture production, The division manages more than 600 aquaculture leases encompassing about 1,600 acres. Aquaculture leases are located in Bay, Brevard, Broward, Charlotte, Collier, Dixie, Escambia, Franklin, Indian River, Lee, Levy, Manatee, Monroe, Palm Beach, Pinellas, St. Johns, Santa Rosa, Volusia and Wakulla counties. In response to local government requests, multiple and individual lease applications, the division assesses tracts of submerged lands throughout the state that are suitable for aquaculture. Currently, the division has designated 24 Aquaculture Use Zones in 10 coastal counties, including: Brevard, Charlotte, Collier, Dixie, Franklin, Indian River, Lee, Levy, Volusia and Wakulla FDACS-P Rev. 5/2017

2 Aquaculture on State-Owned Submerged Lands Aquacultural activities on sovereignty submerged lands currently consists of growing shellfish and live rock. Producing shellfish on submerged lands is the largest marine aquaculture business in Florida. The latest data from the Florida Agricultural Statistics Service indicated dockside sales value of $11.9 million in Live rock is the term used to describe porous, calcareous rock, colonized over time with sessile marine organisms (corals, anemones, sea fans, algae, etc.), that is sold as a marine aquarium product. Marine aquaculture production is different from many other agricultural activities in that cultivation usually requires the use of public lands that are held in a trust by the state of Florida. Federal Permits U.S. Army Corps of Engineers Section 10 of the Rivers and Harbors Act authorizes the U.S. Army of the Clean Water Act authorizes the ACOE to issue permits regulating the discharge of dredge or fill material. The ACOE has issued a statewide programmatic general permit (SAJ-99) to FDACS. The SAJ-99 permit allows activities associated with the culture of marine bivalves and live rock in Florida waters. The permit encompasses the department s activities and authorizes the activities of Florida shellfish (clam, oyster, and mussel) and live rock farmers when they are in compliance with the sovereignty submerged lands lease agreement and the Aquaculture Best Management Practices. The programmatic general permit covers the majority of the leaseholders in Florida thus eliminating the need to apply for individual permits. Applicants interested in culturing different species, using production equipment different from that covered by the programmatic general permit or proposing a lease in endangered species critical habitat may need to apply for an individual permit from ACOE. Contact the division for more information about the individual permit application process. U.S. Environmental Protection Agency The U.S. Environmental Protection Agency derives its authority for issuing a permit for marine aquaculture in Florida waters from the Clean Water Act. Their regulations are focused on concentrated aquatic animal production facilities that discharge wastewater directly to waters of the United States. Floridians interested in growing marine animals (examples include fish or shrimp) in net pens with an annual production that exceeds 100,000 pounds must acquire a National Pollution Discharge Elimination System (NPDES) permit. Contact the division about this permit. U.S. Coast Guard The design and location of a marine aquaculture production facility may pose a navigational hazard to boaters. The leaseholder applies for and receives approval from the U.S. Coast Guard to appropriately mark the facility as a navigation hazard. The U.S. Coast Guard communicates the potential hazard to the boating public via a notice to mariners, and coastal navigation charts are amended to depict the hazard. The marks used by aquaculturists are called Private Aids to Navigation and may consist of buoys, signage or lights established and maintained by the lessee after configuration and installation is approved by the U.S. Coast Guard. Contact the division for additional information about Private Aids to Navigation and the U.S. Coast Guard application process. See the example of lease markers on page 8. Page 2

3 Lease Site Suitability Natural Resource Management Efforts to protect or conserve marine animals, plants and their essential habitat represent a comprehensive approach, including: 1) evaluating environmental and ecological factors that may be affected by aquaculture activities and 2) implementing lessee configurations and production practices that mitigate these effects. Proposed lease boundaries may be modified to establish a buffer to protect or conserve natural resources or reduce public exclusion from significant harvestable resources. Seagrasses, Live Bottom and Shellfish The delineation and protection of seagrasses, live bottom (coral or rock reef) and shellfish reefs or beds are important elements in the evaluation of potential lease sites. Proposed leases cannot contain seagrasses, live bottoms or harvestable shellfish resources, and activities associated with marine aquaculture must not adversely affect marine resources. The division will conduct a resource assessment during the lease site evaluation process. When a proposed site is located within an aquatic preserve, staff from the aquatic preserve are asked to participate in the resource assessment to assist in the evaluation of the potential lease site location and management in the affected aquatic preserve. Endangered Species Generally, the division encourages applicants to propose lease sites outside of manatee protection and speed zones. An ACOE individual permit may be required for lease sites that occur within the critical habitat of Gulf sturgeon, smalltooth sawfish or other endangered species. Other mitigation alternatives are required to protect threatened or endangered species and critical habitat. such as the Standard Manatee Conditions for In-Water Work that is available at: SAJ.USACE.army.mil/Portals/44/Docs/Regulatory/Sourcebook/ Endangered_Species/Manatee/2011_StandardConditionsForIn- WaterWork.pdf) and Sea Turtle and Smalltooth Sawfish Construction Conditions that is available at: SAJ.USACE.army.mil/Portals/44/Docs/Regulatory/Sourcebook/ Endangered_Species/Sea_Turtles/InwaterWorkSeaTurtle pdf. Public Health Shellfish harvesting and processing are subject to the requirements of the National Shellfish Sanitation Program in order to ensure product quality and protect public health. Shellfish produced in aquaculture operations follow the same stringent regulations. Because bacteriological water quality represents a valid concern for aquacultural development, leases must be located in waters classified as Approved or Conditionally Approved Shellfish Harvesting Areas. Maps showing the classification of shellfish harvesting areas are available on the division s website: FreshFromFlorida.com/Divisions- Offices/Aquaculture/Shellfish-Harvesting-Area-Classification/Shellfish- Harvesting-Area-Maps. Commercial Production Potential Division staff conduct a general review of proposed lease sites to determine suitability for the marine aquaculture activities described by the applicant. Sites will be examined from an environmental perspective, including substrate characteristics and water depth. Biological, geological and chemical conditions are dynamic and subject to short and long term changes. These changes may only become evident after years of experience at any particular site. Sites will also be examined for potential use conflicts; for example, riparian rights issues, zoning and other local ordinances, accessibility, aesthetics, navigation and public safety. Page 3

4 Lease Site Suitability (continued) Upland Owners To minimize conflicts with riparian property owners, non-riparian applicants are encouraged to select sites that are more than 500 feet from upland properties. The division will not include private residential docks within aquaculture leases when commercial use would be in conflict with local ordinances. Navigation Lease boundaries are established to provide navigational corridors for access to upland properties, channels and docks. Minimum setbacks of 100 feet are required for leases that are located near marked navigation channels, including the Atlantic and Gulf Intracoastal Waterways. However, setbacks much greater than 100 feet are commonly established to minimize potential user conflicts. Floating or submerged production gear may create boating hazards and will require site-specific Private Aids to Navigation (PATON) approved by the U.S. Coast Guard. Commercial and Recreational Fishing Bottom shellfish leases provide use of the bottom and up to six inches of the water column; live rock leases provide use of the bottom and 25 percent of the water column over the substrate. Water column leases allow use of the entire water column. Navigational corridors are established between parcels in Aquaculture Use Zones and around leases to provide pathways to traverse the aquaculture area. Recreational and commercial fishermen may use the water column over a submerged land lease if they do not unreasonably infringe upon or interfere with the authorized aquaculture activity. Lease Application Section , F.S., requires that any individual or company that wishes to conduct aquaculture activities on sovereignty submerged lands shall file a written application that contains the following information: (1) The name and address of the applicant, including how the lease should be titled (i.e. company name, personal name, etc.); (2) A description of the location and amount of submerged lands desired; (3) A description of the proposed aquaculture activity; and Advantages of (4) Other information required pursuant to Rule Chapter , F.A.C. Aquaculture Use Zones Contact aquaculture_web@freshfromflorida.com for an application. Aquaculture lease application guidelines have been developed pursuant to Section , F.S., to assist applicants. These guidelines are summarized below and are provided as part of the lease application package. Nomination of a Site The applicant may select an unencumbered parcel in an existing Aquaculture Use Zone (AUZ) or identify a new location. For availability in existing AUZs, please visit FreshFromFlorida.com/Business-Services/Aquaculture/Aquaculture-Submerged-Land- Leasing Required information for new sites includes: a map (U.S. Geological Survey topographic map or a navigation chart), the latitude and longitude coordinates (GPS coordinates in decimal degrees), the boundaries for the parcel requested, a statement describing the general site characteristics and an explanation of any changes to the area that would result from the proposed aquaculture activity. A new parcel triggers a review and approval process by the Florida Governor and Cabinet. The applicant should also include a navigation chart to show the water depths, and sketch any and all existing and proposed fixed structures, navigation channels and the distance from shore. 1. Facilitates resource assessment 2. Reduce survey costs 3. Reduces potential adverse environmental impacts 4. Reduce potential user conflicts 5. Encourages compliance with regulatory policy 6. Facilitates law enforcement Description of Proposed Activity The applicant must describe the proposed aquaculture activity in sufficient detail to allow staff to evaluate the application and determine the suitability of the proposed site for the proposed aquaculture activity. The applicant should provide a scaled drawing of facilities, structures and culture units to describe the planting and production plans and the harvest method that will be used. Page 4

5 Lease Application (continued) Completed Applications Once an application is received and reviewed, the applicant is informed of the status of the application and if additional information is required. Failure by the applicant to respond to information requests within a timely manner will cause the application to be deactivated and the application fee to be refunded. Site Inspection and Resource Assessment Division staff will visit the proposed site, preferably with the applicant, to determine whether or not the site is appropriate for leasing. In cases where the proposed site is located in an aquatic preserve, research reserve or sanctuary, staff will request assistance from the appropriate entities responsible for managing the aquatic area. Resource assessments provide information to evaluate environmental parameters and resource management practices to determine the suitability of the proposed location and the proposed activity from a resource management perspective. The division may recommend modifications to the proposed lease boundaries, special lease conditions to minimize or eliminate potential adverse environmental impacts, or to reduce conflicts with other water and upland uses and users. Comprehensive Review When all of the required information has been received by the division, including a $200 application fee, an agency review package containing the application and resource assessment is compiled and sent to various entities for review, including the Department of Environmental Protection (DEP), the Florida Fish and Wildlife Conservation Commission (FWC), Florida Department of State and the local Board of County Commissioners. Notification The division will notify riparian property owners who reside within 500 feet of the proposed lease site, and prepare a notice for the local newspaper. If substantial objections are received, particularly from affected upland property owners, a public meeting may be scheduled in the area. The Agenda Process Any newly proposed lease of state-owned submerged lands must be approved by the Governor and Cabinet in their role as the Board of Trustees of the Internal Improvement Trust Fund. Once the lease application process, resource assessment and comprehensive review are completed, the division will prepare the agenda item and coordinate scheduling the item for consideration with the Office of Cabinet Affairs. The Board of Trustees then votes to approve or deny the item as presented, or they may decide to place specific terms and conditions in the lease instrument. After a lease is approved by the Board of Trustees, the applicant must provide a survey and the division will draft a lease agreement to be executed by FDACS and the lessee. Administration and Management of Leases Following Board of Trustee approval, the leaseholder must provide to FDACS two copies of a survey that meets minimum technical standards and is prepared by a licensed surveyor. The leaseholder must comply with the terms and conditions of their aquaculture lease including payment of lease fees, marking the lease, performing effective cultivation, providing the required production information, maintaining an active annual Aquaculture Certificate of Registration and following all applicable Best Management Practices. Annual Lease Fees Aquaculture lease fees are based on the number of acres leased and the lease type, and are subject to annual adjustment by the Board of Trustees based on the Consumer Price Index established for the previous five years. Current bottom lease fees are $16.73 per acre and fraction thereof, and a $10.00 surcharge per acre and fraction thereof that are paid annually. Water column lease fees are $33.46 per acre and fraction thereof, and a $10.00 surcharge per acre and fraction thereof that are paid annually. Payment is due on January 1 of each year, and annual billing statements are mailed to each leaseholder approximately 60 days prior. Page 5

6 Administration and Management of Leases (continued) Effective Cultivation Effective cultivation is required to be performed on all aquaculture leases including fractional acreage. In January of each year, aquaculture leaseholders are required to complete a cultivation report detailing planting and harvesting activities on each lease and provide copies of all seedstock receipts. This enables staff to verify whether or not each leaseholder satisfies minimum cultivation requirements. Effective cultivation for clams requires planting a minimum of 100,000 seed clams per acre, per year; oysters require planting a minimum of 70,000 seed oysters per acre, per year. In addition, division staff perform annual onsite inspections to verify marking and production structures are in compliance with the terms and conditions of the lease agreement. Lease Size The size of aquaculture leases is provided in Rule (2)(1) 8e, F.A.C., stating that the lease shall not be approved for a parcel larger than ten acres for oysters or five acres for clams. Lease Compliance Following Board of Trustee approval, the leaseholder must provide to FDACS two copies of a survey that meets minimum technical standards and is prepared by an licensed surveyor. The leaseholder must comply with the terms and conditions of their aquaculture lease, including payment: of lease fees, marking the lease, performing effective cultivation, providing the required production information, maintaining an active annual Aquaculture Certificate of Registration and following all applicable Best Management Practices. Frequently Asked Questions Q: How do I apply for an aquaculture lease? A: You may apply for an aquaculture lease by completing a lease application form. Contact the division for a lease application package at aquaculture_web@freshfromflorida.com. Q: What options are available to obtain a lease? A: Applicants should contact the division to determine if unencumbered submerged lands lease parcels are available in their area. See aquaculture use zone parcel availability maps at FreshFromFlorida.com/Business-Services/Aquaculture/ Aquaculture-Submerged-Land-Leasing. Existing leases may be transferred or subleased depending on the terms and conditions of the lease agreement. Applicants may also nominate new submerged lands as potential aquaculture leases. Q: How long does it take to get a lease? A: Applications for existing parcels can be processed within a few weeks. Applications for new parcels triggering the agenda process can take more than six months to obtain Board of Trustee approval. However, if substantial environmental or local issues arise during the lease application review process, the application can take longer to complete. Q: What permits or licenses are required in order to manage and operate an aquaculture lease site? A: You are required to obtain an Aquaculture Certificate of Registration from the division prior to execution of a submerged lands aquaculture lease agreement. The application is available at Forms.FreshFromFlorida.com/15106.pdf and requires the annual payment of $100. The Aquaculture Certificate of Registration is the only form of authorization that you need to possess seedstock, plant seed on your lease and harvest aquacultured product on the lease site. The Aquaculture Certificate of Registration expires on June 30 of each year, and failure to renew will result in cancellation of a submerged lands aquaculture lease. An application/renewal for an Aquaculture Certificate of Registration that includes shellfish as a product will not be processed without a valid copy of your Annual Certificate of Harvester Education Training. See FDACS Aquaculture Certificate of Registration fact sheet FreshFromFlorida.com/Content/ Download/75596/ /FDACS-P_00076.pdf for more information. If your proposed gear or activities are not covered by the general programmatic ACOE permit, you will need to apply for an individual ACOE permit. Page 6

7 Marking Your Aquaculture Lease A condition of the aquaculture lease agreement, requires that the lease be properly marked to delineate the corners and perimeter. All aquaculture lease markers detailed in the lease instrument must be properly maintained at all times and sufficiently warn mariners of the potential hazard to navigation. Division staff annually inspects leases for compliance with marking requirements. Failure on the part of the leaseholder to install and maintain proper markers is a violation of the terms and conditions of the lease agreement and constitutes grounds for cancellation of the lease. Furthermore, when leases are not properly marked, your rights as a leaseholder may be compromised, law enforcement capabilities are limited and your ability to monitor your property and recognize unlawful activities is diminished. It is also unlikely that law enforcement officials will be able to make arrests and gain convictions for theft when leases are not properly and accurately marked. All aquaculture leases must be marked with signs, buoys or posts, depending upon the location of the lease parcel (markers must be consistent). The marking requirements for each parcel are detailed in the lease agreement. Corner Markers Corner markers are required to mark specific points in AUZs and the corners of individual parcels. The corner markers are diamond shaped, yellow signs (minimum 3 feet x 3 feet) with a letter designation (refer to lease agreement for configuration of markers). Corner markers must have a two-inch border using darker yellow reflective paint, display the geographic position of the sign relative to its position on the parcel, and include the parcel number or lease number in two-inch black block characters (ex., NE 12AQ123 or NE L123). Corner markers must be attached to poles that are at least six inches in diameter and extend a minimum of three feet above mean high water. Corner markers authorized by a U.S. Coast Guard PATON may have additional requirements (lights are required for water column areas) or specifications; please refer to your PATON for specific marking requirements. An additional sign including informative language may be used in addition to the corner markers, for example, HARVESTING PROHIBITED EXCEPT BY LESSEE. Informative language must be approved by the department. Parcel Posts Parcel posts are used to mark corners and perimeters that are not otherwise marked by corner markers. Parcel posts shall contain a field at least 2½ inches wide and 20 inches long. The background shall be white with international orange bands of reflective paint or tape above and below the field. The geographic position of the post relative to its position on the parcel and the lease or parcel number must be displayed in two-inch black block characters (ex., NE 12AQ123 or NE L123). The identifying field on the post shall extend a minimum of 18 inches above mean high water. Posts may be made of carsonite, fiberglass, PVC or other approved material. Parcel Buoys Parcel buoys may be used to mark corners and perimeters that are not otherwise marked by corner markers. Parcel buoys shall be white with an international orange band of reflective paint or tape above the field. The geographic position of the buoy relative to its position on the parcel and the lease or parcel number must be displayed in one-inch black block characters (ex., NE 12AQ123 or NE L123). The buoy must be floated upright at a minimum height of 14 inches above the water. Page 7

8 Image from: FDACS-P Rev. 3/2017 Page 8

9 Shellfish Handling and Harvesting Standards Licensing Requirements Any person engaging in aquaculture (leaseholders, sublessees, authorized users and anyone who sells aquaculture products) is required to obtain an Aquaculture Certificate of Registration (AQ certificate). The AQ certificate identifies the aquaculturist, his/her lease, product and/or facility. Personnel employed by a leaseholder are covered under the leaseholder s AQ certificate number. Persons who are not employees and are engaged in culturing and harvesting shellfish from leases other than their own should obtain an Authorized User Acknowledgement and their own Aquaculture Certificate of Registration. The AQ certificate must be renewed annually at a cost of $100 and is valid July 1 to June 30. Shellfish Harvester Education Requirement In January 2014, the National Shellfish Sanitation Program Model Ordinance was modified to include new food safety training requirements. These changes are outlined in NSSP Guide Section II, Model Ordinance Chapter X, General Requirements. Each dealer, harvester, aquaculture leaseholder (shellfish production only) and shellfish grower is now required to annually complete FDACS approved training prior to certification, recertification or licensing. Upon completion of the course, you will receive a Shellfish Harvester Education Training certificate which must be maintained as proof of the training. An application/renewal for an Aquaculture Certificate of Registration that includes shellfish as a product will not be processed without a valid copy of your Annual Certificate of Harvester Education Training. In Florida, an interactive education video was created. It can be viewed at area workshops or at individual work stations in designated field offices throughout Florida. Following the video, a signed certificate will be issued for submission along with any licensing or certification application. Appointments to view the video may be made at the following FDACS locations: Melbourne Office: (321) Port Charlotte Office: (941) Cedar Key Office: (352) Tallahassee Office: (850) Apalachicola Shellfish Center: (850) The video may also be viewed on the Florida Fish and Wildlife Conservation Commission website at: Learning.myFWC.com/Course/View.php?ID=26 Water Classifications Shellfish may only be harvested from waters in areas classified as Approved or Conditionally Approved for shellfish harvest and that are currently open. Rinsing of shellfish during harvesting activities should be conducted over the lease area in Approved or Conditionally Approved waters that are in the open status. To obtain shellfish harvesting maps, classifications of waters and the daily open/closed status of waters, visit the FDACS website at FreshFromFlorida.com/ Business-Services/Aquaculture/Shellfish-Harvesting-Area-Classification/Shellfish-Harvesting-Area-Maps, or contact the department's regional offices from the list above. Requirements of Boats and Vehicles Used in Harvest or Transport of Shellfish The boat must be registered and comply with US Coast Guard vessel requirements. Boats and vehicles must be constructed, operated and maintained so as to protect shellfish from contamination. Fuel tanks or other sources of contamination may not come in contact with shellfish. All boats must have false bottoms and bulkheads fore and aft to prevent shellfish from coming in contact with any bilge water. No dogs or other animals are allowed on the boat at any time. Boats must have an approved Type III marine sanitation device, a portable toilet or other sewage disposal receptacle with a tight fitting lid that will not spill on board; no bodily wastes may be discharged overboard from a harvest boat. Shellfish must be protected from exposure to sun, birds and other adverse conditions by effective shading on harvest boats and vehicles. Shellfish must be held under conditions which allow air circulation and promote evaporative cooling. Page 9

10 Shellfish Handling and Harvesting Standards (continued) Harvesting and Transporting Harvesting of shellfish must be conducted during the hours commencing at sunrise as established by the U.S. Weather Service, and ending in the time necessary to deliver shellfish to a certified processing facility by the time designated in harvest requirements, 5L-1.008, F.A.C. (See Table on last page). Shellfish must be delivered directly to a certified shellfish processing facility. Washing (tumbling) may be done over the lease in Approved or Conditionally Approved harvesting waters in the open status or at a certified shellfish processing facility. Hard Clams Hard clams must be placed under mechanical refrigeration within the following specified times: November-March- hard clams must be delivered to a certified dealer by 10 p.m. the same day as harvest; April, May and October - hard clams must be delivered to a certified dealer within 12 hours of the time of harvest; June, July, August and September - the harvester shall assure that clams shall be delivered to a certified shellfish dealer within 10 hours of the time of harvest or within the same day as harvested, whichever is earlier. Shellfish Harvester Tagging Harvesters must place a durable and waterproof tag at least 2⅝ inches by 5¼ inches on each shellfish container (bag). The tag must list the following information in the order presented: 1. Harvester Aquaculture Certificate of Registration number or Saltwater Products License number 2. Date of harvest 3. Time of harvest and Time of refrigeration, if applicable 4. Identification of the harvest area by four-digit code or by name as listed in 5L-1.003(11) F.A.C., and parcel or lease number if harvested from an aquaculture lease. 5. Common name of the shellfish and quantity of shellfish 6. The statement: "THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY AND THEREAFTER KEPT ON FILE FOR 90 DAYS." Aquaculturists harvesting with an Aquaculture Certificate of Registration may use a bulk tag for each harvest location and must include all of the above information plus the name of the certified shellfish dealer where the product is to be delivered, the number of units in the lot and the bulk tag statement: ALL SHELLFISH CONTAINERS IN THIS LOT HAVE THE SAME DATE AND AREA OF HARVEST. Oyster tags must also include the identification of the cooling option used for oysters harvested during the months of May through October. This can include traditional harvest, rapid cooling or complete on-board cooling option. If oyster shellstock exceeds the delivery requirements, the oyster harvester tag shall be identified with the preprinted language: FOR SHUCKING ONLY BY A CERTIFIED DEALER or FOR POST HARVEST PROCESSING ONLY in bold, 14-point font on a green tag. Bulk Aquaculture Tag example: Page 10

11 Shellfish Handling and Harvesting Standards (continued) Refrigeration Requirements for Shellfish at a Certified Dealer Refer to FWC regulations for current bag limits and resource protection seasonal closures. 1- Traditional Cooling - Oysters must be in the cooler of a certified facility by time specified the day of harvest and at or below 55 o F in 8 hours. 2 - Rapid Cooling - Oysters must be in the cooler of a certified facility by time specified the day of harvest and at or below 55 o F in 2 hours. 3 - On-board Cooling with Ice Slurry - Oysters cooled on boat with ice slurry dip within 1 hour of harvest and stored under mechanical refrigeration or in a cooler surrounded by ice. Oysters must be in the cooler of a certified facility no later than 3:00pm. 4 - Restricted Use (green tag) - Shellfish that do not meet the Rapid Cool or On-Board Cooling requirements must be tagged for shucking only by a certified dealer or for Post-Harvest-Processing (PHP) only. Table from: FDACS-P Rev. 3/17 These time limits reflect public health regulations. Resource protection harvesting seasons and bag limits are set by FWC. Please refer to Rule 68B-27, F.A.C. for resource harvest regulations. It is the harvester s responsibility to be aware of the open and closed status of a harvest area. This means that in addition to checking the open and closed status with FDACS, a harvester should also check with the Florida Fish and Wildlife Conservation Commission to ensure that a resource management closure has not been issued for specific-harvesting areas. See: myfwc.com/fishing/saltwater/commercial/oyster/ for up-to-date commercial regulations. NOTE: These times are maximums. Every effort is to be made to deliver products directly to a certified shellfish processor as soon as possible. The intent of the maximum time limits for harvesting are to provide reasonable time to harvest, transport shellfish to the shore and to directly deliver shellfish to a nearby certified shellfish processor. If you are interested in the Shellfish Processing Plant Certification, the application can be accessed at: Forms.FreshFromFlorida.com/15007.pdf Page 11 FDACS-P-1758 Rev. 5/2017