5L-1.003. Shellfish Harvesting Area Standards

(1) The Department shall describe or illustrate harvesting areas and provide harvesting area classifications as approved, conditionally approved, restricted, conditionally restricted, prohibited, or unclassified as defined herein, including criteria for opening and closing shellfish harvesting areas in accordance with Chapters II and IV of the NSSP Model Ordinance. Copies of the Shellfish Harvesting Area Classification Boundaries and Management Plans, (FDACS-P-01593, revised March 2026), containing shellfish harvesting area descriptions, references to shellfish harvesting area map numbers, and operating criteria are hereby incorporated by reference, and available online at https://flrules.org/Gateway/reference.asp?No=Ref-19253, or may be obtained by contacting the Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, Tallahassee, Florida 32399. (2) Approved harvesting areas – An area shall be classified as approved when a sanitary survey, conducted in accordance with Chapter IV of the NSSP Model Ordinance, indicates that pathogenic microorganisms, radionuclides, and/or harmful industrial wastes do not reach the area in dangerous concentrations and this is verified by laboratory findings whenever the sanitary survey indicates the need. Shellfish may be harvested from such areas for direct marketing. This classification is based on the following criteria: (a) The area is not so contaminated with fecal material or poisonous or deleterious substances that consumption of the shellfish might be hazardous; and, (b) The bacteriological quality of every sampling station in those portions of the area most probably exposed to fecal contamination shall meet one of the following standards during the most unfavorable meteorological, hydrographic, seasonal, and point source pollution conditions: 1) The median or geometric mean fecal coliform Most Probable Number (MPN) of water shall not exceed 14 per 100 milliliters (ml), and not more than 10% percent of the samples shall exceed a fecal coliform MPN of 43 per 100 ml (per 5-tube, 3-dilution test) or 2) The median or geometric mean fecal coliform MPN of water shall not exceed 14 per 100 ml, and not more than 10% percent of the samples shall exceed a fecal coliform MPN of 33 per 100 ml (per 12-tube, single-dilution test) or 3) The median or geometric mean fecal coliform Membrane Filter (MF) colony forming units (CFU) of water shall not exceed 14 per 100 ml, and not more than 10% percent of the samples shall exceed a fecal coliform MF CFU of 31 per 100 ml. Harvest from temporarily closed approved areas shall be unlawful. (c) Offshore state waters greater than three nautical miles from the shore are classified as approved if a sanitary survey, conducted within twelve years, shows there are no pollution sources that will impact the microbiological water quality. (3) Conditionally approved harvesting areas – An area shall be classified as conditionally approved when a sanitary survey, conducted in accordance with Chapter IV of the NSSP Model Ordinance, indicates that the area is subjected to intermittent microbiological pollution. The suitability of such an area for harvesting shellfish for direct marketing may be dependent upon attainment of established performance standards by wastewater treatment facilities discharging effluent directly or indirectly into the area. In other instances, the sanitary quality of the area may be affected by seasonal populations, climatic and/or hydrographic conditions, non-point source pollution, or sporadic use of a dock, marina, or harbor facility. Such areas shall be managed by an operating procedure that will assure that shellfish from the area are not harvested from waters not meeting approved area criteria. In order to develop effective operating procedures, these intermittent pollution events shall be predictable. Harvest from temporarily closed conditionally approved harvesting areas shall be unlawful. (4) Restricted harvesting areas – An area shall be classified as restricted when a sanitary survey, conducted in accordance with Chapter IV of the NSSP Model Ordinance, indicates that fecal material, pathogenic microorganisms, radionuclides, harmful chemicals, and marine biotoxins are not present in dangerous concentrations after shellfish from such an area are subjected to a suitable and effective purification process. The bacteriological quality of every sampling station in those portions of the area most probably exposed to fecal contamination shall meet the following standard: The median or geometric mean fecal coliform MPN of water shall not exceed 88 per 100 ml and not more than 10 percent of the samples shall exceed a fecal coliform MPN of 260 per 100 ml (per 5-tube, 3-dilution test) or the median or geometric mean fecal coliform MF CFU of water shall not exceed 88 per 100 ml, and not more than 10 percent of the samples shall exceed a fecal coliform MF colony forming unit of 163 per 100 ml in those portions of the area most probably exposed to fecal contamination during the most unfavorable meteorological, hydrographic, seasonal, and point source pollution conditions. Harvest is permitted according to permit conditions specified in Rule 5L-1.009, F.A.C. Harvest from temporarily closed restricted areas shall be unlawful. (5) Conditionally restricted harvesting areas – An area shall be classified as conditionally restricted when a sanitary survey or other monitoring program data, conducted in accordance with Chapter IV of the NSSP Model Ordinance, indicates that the area is subjected to intermittent microbiological pollution. The suitability of such an area for harvest of shellfish for relaying or depuration activities is dependent upon the attainment of established performance standards by wastewater treatment facilities discharging effluent, directly or indirectly, into the area. In other instances, the sanitary quality of such an area may be affected by seasonal population, non-point sources of pollution, or sporadic use of a dock, marina, or harbor facility, and these intermittent pollution events are predictable. Such areas shall be managed by an operating procedure that will assure that shellfish from the area are not harvested from waters not meeting restricted area criteria. Harvest is permitted according to permit conditions specified in Rule 5L-1.009, F.A.C. Harvest from temporarily closed conditionally restricted areas shall be unlawful. (6) Prohibited harvesting areas – An area shall be classified as prohibited if a sanitary survey indicates that the area does not meet the approved, conditionally approved, restricted, or conditionally restricted classifications. Harvest of shellfish from prohibited areas shall be unlawful. The waters of all man-made canals, marinas and mooring areas are classified prohibited regardless of their location. The Shellfish Harvesting Area Water Classifications for Marinas and Mooring Areas (FDACS-P-02257, August 2025) containing the Department’s policy regarding marinas and mooring areas is hereby incorporated by reference and available online at https://flrules.org/gateway/reference.asp?No=Ref-18663, or may be obtained by contacting the Division of Aquaculture, Holland Building, 600 South Calhoun Street, Suite 217, Tallahassee, Florida 32399. (7) Unclassified area – An area for which no recent sanitary survey exists, and it has not been classified as any area described in subsection (2), (3), (4), (5), or (6), above. Harvest of shellfish from such areas shall be unlawful. (8) The Department is authorized to open and temporarily close approved, conditionally approved, restricted, or conditionally restricted harvesting areas for harvesting of shellfish in emergencies as defined herein, in accordance with specific criteria established in operating procedures for predictively closing individual harvesting areas, or when harvesting areas do not meet the standards and guidelines established by the National Shellfish Sanitation Program. (9) The possession of shellfish in closed areas is prohibited. (a) This subsection shall not apply to harvesters operating vessels containing shellfish, tagged in accordance with Rule 5L-1.007, F.A.C., only if the vessel is proceeding in a continuous and direct route through a closed area to a vessel landing area and certified shellfish processing facility. (b) This subsection shall not apply to aquaculture leaseholders or Authorized Users, or employees thereof, operating within the boundaries of an authorized aquaculture lease. (10) Operating procedures for predictively closing each harvesting area shall be developed by the Department; local agencies, including those responsible for operation of sewerage systems, and the local shellfish industry may be consulted for technical information during operating procedure development. The predictive procedure shall be based on evaluation of potential sources of pollution which may affect the area and should establish performance standards, specify necessary safety devices and measures, and define inspection and check procedures. (11) Shellfish harvesting area numbers are as follows: AREA NUMBER HARVESTING AREA NAME 0111 Big Lagoon Approved 0232 Pensacola Bay Conditionally Approved East Bay 0622 Choctawhatchee Bay Conditionally Approved Central Section 0632 Choctawhatchee Bay Conditionally Approved Eastern Section 0822 West Bay Conditionally Approved 1012 North Bay Conditionally Approved Western Section 1022 North Bay Conditionally Approved Eastern Section 1212 East Bay Conditionally Approved Section 1 1401 St. Joseph Bay Approved 1506 Indian Lagoon Conditionally Restricted Winter Nov – Feb 1512 Indian Lagoon Conditionally Approved Spring/Fall Mar – Jun, Oct 1542 Indian Lagoon Conditionally Approved Zone A Winter Nov – Feb 1552 Indian Lagoon Conditionally Approved Zone B Winter Nov – Feb 1601 Apalachicola Bay System Approved 1611 Apalachicola Bay System Approved 1612 Apalachicola Bay System Conditionally Approved 1622 Apalachicola Bay System Conditionally Approved 1632 Apalachicola Bay System Conditionally Approved 1642 Apalachicola Bay System Conditionally Approved 1652 Apalachicola Bay System Conditionally Approved May – Sept 1662 Apalachicola Bay System Conditionally Approved May – Sept 1672 Apalachicola Bay System Conditionally Approved 1801 Alligator Harbor Approved 2002 Ochlockonee Bay Conditionally Approved 2006 Ochlockonee Bay Conditionally Restricted 2206 Wakulla County Conditionally Restricted 2212 Wakulla County Conditionally Approved Zone 1 2222 Wakulla County Conditionally Approved Zone 2 2502 Horseshoe Beach Conditionally Approved Winter Oct – Mar 2802 Suwannee Sound Spring Summer Conditionally Approved Feb – May and Sept 2812 Suwannee Sound Spring Winter Conditionally Approved Oct – Jan 3001 Cedar Key Approved 3012 Cedar Key Conditionally Approved Zone A 3022 Cedar Key Conditionally Approved Zone B 3202 Waccasassa Bay Conditionally Approved 3402 Withlacoochee Bay Conditionally Approved 3701 Citrus County Approved Spring/Fall Mar – June and Oct 3702 Citrus County Conditionally Approved Winter Nov – Feb 4202 Boca Ciega Bay Conditionally Approved 4802 Lower Tampa Bay Conditionally Approved 5402 Sarasota Bay Conditionally Approved 5602 Lemon Bay Conditionally Approved 5802 Gasparilla Sound Conditionally Approved 6002 Myakka River Conditionally Approved 6212 Pine Island Sound Conditionally Approved Section 1 6222 Pine Island Sound Conditionally Approved Section 2 6232 Pine Island Sound Conditionally Approved Section 3 6602 Ten Thousand Islands Conditionally Approved 7001 Indian River/St. Lucie Approved 7006 Indian River/St. Lucie Restricted 7202 North Indian River Conditionally Approved 7412 Body F Conditionally Approved 7506 Body E Conditionally Restricted 7602 Body D Conditionally Approved 7712 Body C Conditionally Approved Zone 1 Spring/Summer/Fall Mar – Nov 7722 Body C Conditionally Approved Zone 2 Spring/Summer/Fall Mar – Nov 7732 Body C Conditionally Approved Winter Dec – Feb 7716 Body C Conditionally Restricted Winter Dec – Feb 7726 Body C Conditionally Restricted Spring/Summer/Fall Mar – Nov 7812 Body B Conditionally Approved 7902 South Banana River Conditionally Approved 8001 Body A Approved 8201 South Volusia Approved 8212 South Volusia Conditionally Approved Zone 1 8222 South Volusia Conditionally Approved Zone 2 8802 South St. Johns Conditionally Approved 9202 North St. Johns Conditionally Approved 9602 Duval County Conditionally Approved Rulemaking Authority 597.020 FS. Law Implemented 597.020 FS. History–New 1-4-87, Amended 8-10-88, 7-9-89, 12-23-91, Formerly 16R-7.004, Amended 7-3-95, 6-18-97, 7-1-97, 7-22-97, 10-12-97, 12-16-97, 12-28-97, 2-12-98, 2-25-98, 7-1-98, 7-20-98, 11-13-98, 12-28-98, 3-18-99, 7-1-99, Formerly 62R-7.004, Amended 6-19-00, 8-9-00, 10-14-01, 8-17-04, 9-28-04, 9-5-05, 6-11-06, 3-11-07, 10-2-07, 4-14-08, 7-28-08, 5-5-09, 6-18-09, 12-28-09, 2-9-11, 8-19-12, 3-23-17, 6-28-18, 9-5-19, 5-4-20, 3-31-21, 1-18-23, 9-7-26.