Florida Regulations 62-303.370: Fish and Shellfish Consumption Use Support
Current as of: 2024 | Check for updates
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(1) A Class I, I-Treated, II, III or III-Limited water shall be placed on the Planning List for fish consumption if there is either a limited or no consumption fish consumption advisory, issued by the DOH, or other authorized governmental entity, in effect for the water segment.
(2) A Class II water shall be placed on the Planning List for shellfish consumption based on its shellfish harvesting classification if the water segment includes an area that is classified by the Department of Agriculture and Consumer Services’ Shellfish Environmental Assessment Section (SEAS) in one of the following shellfish harvesting classifications:
(a) Restricted or conditionally restricted;
(b) Conditionally approved, excluding any areas for which SEAS identified only wildlife as the potential source of bacteriological contamination for the shellfish harvesting area, or
(c) Prohibited, unless the prohibited classification is precautionary and not based on water quality data.
(3) A Class II water shall be placed on the Planning List for shellfish consumption based on bacteriological data if:
(a) There is a sufficient number of samples from the water segment that do not meet the applicable Class II water quality criteria for fecal coliforms based on the methodology described in subsection 62-303.320(1), F.A.C. Data must meet the requirements of subsections 62-303.320(2), (3), (4)(e)-(4)(g), and (8), (9), F.A.C., with the exception that Fl. Admin. Code R. 62-303.320(4)(a), does not apply and 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 Most Probable Number (MPN) or Membrane Filter (MF) value that exceeds 14 counts per 100 ml for the planning period. To calculate a median value for a sampling location, there shall be at least 10 samples collected during the planning period. Data must meet the requirements of subsections (2)-(4), (8), and (9), in Fl. Admin. Code R. 62-303.320, however samples collected on different days within any four day period will be assessed as individual samples and samples collected on the same day shall be averaged.
(c) When evaluating a water segment for bacteriological quality, the criteria in Fl. Admin. Code R. 62-302.530(6)(a), used for fecal coliform shall be that the MPN shall not exceed 43 counts per 100 ml and the MF shall not exceed 31 counts per 100 ml.
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, 10-17-16.
(a) Restricted or conditionally restricted;
(b) Conditionally approved, excluding any areas for which SEAS identified only wildlife as the potential source of bacteriological contamination for the shellfish harvesting area, or
(c) Prohibited, unless the prohibited classification is precautionary and not based on water quality data.
(3) A Class II water shall be placed on the Planning List for shellfish consumption based on bacteriological data if:
(a) There is a sufficient number of samples from the water segment that do not meet the applicable Class II water quality criteria for fecal coliforms based on the methodology described in subsection 62-303.320(1), F.A.C. Data must meet the requirements of subsections 62-303.320(2), (3), (4)(e)-(4)(g), and (8), (9), F.A.C., with the exception that Fl. Admin. Code R. 62-303.320(4)(a), does not apply and 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 Most Probable Number (MPN) or Membrane Filter (MF) value that exceeds 14 counts per 100 ml for the planning period. To calculate a median value for a sampling location, there shall be at least 10 samples collected during the planning period. Data must meet the requirements of subsections (2)-(4), (8), and (9), in Fl. Admin. Code R. 62-303.320, however samples collected on different days within any four day period will be assessed as individual samples and samples collected on the same day shall be averaged.
(c) When evaluating a water segment for bacteriological quality, the criteria in Fl. Admin. Code R. 62-302.530(6)(a), used for fecal coliform shall be that the MPN shall not exceed 43 counts per 100 ml and the MF shall not exceed 31 counts per 100 ml.
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, 10-17-16.