(1) The Department shall review the fish consumption advisories and the data used by the DOH as the basis for the advisories and shall only use the advisories and data under this part if the following requirements are met:
    (a) The advisory is based on the statistical evaluation of fish tissue data from at least twelve fish collected from the specific water segment or waterbody to be listed;
    (b) The data are collected in accordance with DEP SOP FS6000 (General Biological Tissue Sampling) and FS 6200 (Finfish Tissue Sampling), which are incorporated by reference, the sampling entity has established Data Quality Objectives (DQOs) for the sampling, and the data meet the DQOs; and,
    (c) There are sufficient data or other information from within the last 7.5 years that would support the continuation of the advisory. The Department shall document any decision to list waters with advisories older than 7.5 years, including the data supporting the continuation of the advisory or information demonstrating that older data are representative of current conditions.
    (2) Waters with advisories determined to meet the requirements of this section or waters where scientifically credible and compelling information meeting the requirements of Fl. Admin. Code Chapter 62-160, indicates the applicable human health-based water quality criteria are not met shall be listed on the Verified List. Any determinations to list waters based on this provision shall be documented, and the documentation shall include the basis for the decision.
    (3) Class II waters shall be included on the Verified List for fecal coliform if, following review of the available data as described in subsection 62-303.460(2), F.A.C.:
    (a) The number of samples above 43 counts per 100 ml meet the requirement in subsection 62-303.420(6), F.A.C. Data must meet the data requirements of subsections 62-303.320(2), (3), (4)(e)-(4) (g), (8), and (9), F.A.C. Samples collected on different days will be assessed as individual samples, or
    (b) The water segment includes a sampling location that has a median fecal coliform MPN or MF value that exceeds 14 counts per 100 ml for the verified period. To calculate a median value for a sampling location, there shall be at least 20 samples collected during the verified period.
    (4) Waters that qualify for placement on the Planning List based on shellfish harvesting classification information shall be verified as impaired for fecal coliforms.
Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History-New 6-10-02, Amended 12-11-06, 9-4-07, 8-1-13, 2-17-16.