Frequently Asked Questions
Shellfish Harvesting | Aquaculture Farming | Shellfish Handling
Shellfish Harvesting
Q. Who classifies shellfish harvesting areas in Florida?
A. The Florida Department of Agriculture and Consumer Services (DACS) has the sole responsibility for classifying coastal waters for shellfishing
Q. What is the purpose of shellfish classifications?
A. Shellfish classifications provide for the harvest of shellfish to protect the health of shellfish consumers.
Q. Why are areas reclassified?
A. The classification of areas must accurately characterize the current sanitary conditions of each area for the harvest of shellfish. The classification and management of areas is evaluated annually and when conditions change that make the area unsuitable from a health perspective for shellfish harvesting, the area must be reclassified. Also, the National Shellfish Sanitation Program requires that a sanitary survey be completed for each area at least every 12 years. These sanitary surveys evaluate recent and historical information and generally recommend changes inclassification.
Q. How are proposed classifications developed?
A. A proposed classification or management plan is based on a draft sanitary survey report. Pollution sources, water circulation, rainfall, and levels of fecal coliform bacteria in water samples are evaluated. Input received during the reclassification process is considered in finalizing the report.
Q. What are fecal coliform bacteria?
A. Fecal coliform are a group of bacteria that are excreted in the feces of warm blooded animals, including humans, domestic animals, and wildlife. Although most of the fecal coliform group of bacteria do not make people ill, the presence of fecal coliform bacteria indicates that human pathogens may also be present.
Q. What are the sources of fecal coliform bacteria?
A. Sources for this bacteria are area-specific, and may include wastewater treatment plants, storm water runoff, septic systems, domestic animals, wildlife, and boats.
Q. What is a conditionally approved area?
A. While a conditionally approved area is open, shellfish may be harvested recreationally for consumption or commercially for sale to certified a shellfish dealer. A conditionally approved area must meet fecal coliform water quality standards and the area must be a sufficient distance from pollution sources for shellfish to be wholesome while the area is open for harvesting.
Q. How are conditionally approved areas managed?
A. A management plan is developed that uses local rainfall and/or river discharge to predict when the levels of fecal coliform bacteria in the water are unacceptably high. When the rainfall level and/or river level of the management plan is exceeded, the area will be temporarily closed to shellfish until sample results demonstrate that the levels of bacteria have returned to safe levels for shellfishing to resume.
Q. How can I find out whether the conditionally approved area is open or closed?
A. This information is available within this web site: Shellfish Status
Q. Where can I get a map that illustrates the shellfish classifications?
A. Maps are available from the Shellfish Section. For office locations and phone numbers Click Here.
Q. Can I harvest shellfish in conditionally restricted areas?
A. Areas classified as conditionally restricted are closer to pollution sources than approved or conditionally approved areas; hence, shellfish must be purified prior to consumption. Harvesting in a conditionally restricted area requires a shellfish lease, aquaculture lease, or a licensed depuration facility and special permit issued by the Department of Agriculture and Consumer Services. Supervision of harvesting from a conditionally restricted area is required.
Q. Can I harvest shellfish from a prohibited area or in unclassified waters?
A. Prohibited areas are closed to shellfishing, because the area is not sufficiently removed from pollution sources for shellfish to be safe for consumption. Areas that are unclassified are closed to shellfishing, because the sanitary conditions of the area for shellfish harvesting have not been characterized by the Department of Agriculture and Consumer Services.
Q. How are shellfish areas reclassified?
A. After sufficient information has been collected and evaluated in a sanitary survey report, DACS initiates reclassification by amending the Comprehensive Shellfish Control Code, Chapter 5L-1, Florida Administrative Code. The time period to apply administrative procedures for rule amendment is at least three months.
Q. What opportunities are there for input into the reclassification?
A. The process for reclassification through rule amendment includes a public workshop and advertisement of the proposed classifications. If requested within 21 days of the advertisement, a hearing will be conducted. Input consistent with protecting the health of shellfish consumers and maximizing the harvest of shellfish will be incorporated into the final comprehensive shellfish harvesting area survey, rule amendment, and classification of the area.
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Aquaculture Farming
Q. Who needs an Aquaculture Certificate and how long will it take to get one?A. Florida law requires that any person engaging in aquaculture must be certified by the department. The certification process will take less than one month.
Q. Do all aquafarms have to comply with the Best Management Practices (BMPs)? Will we be inspected?
A. Yes, by signing and submitting the Aquaculture Certification application, the farmer agrees to follow the approved Best Management Practices. An annual site inspection will be conducted by DACS staff to determine compliance with the BMPs.
Q. What are the consequences for a certified farmer not following BMPs?
A. Department staff will assist the farmer in determining how to modify the facility/operation so that it meets the BMP guidelines. The farmer will then be given a reasonable amount of time to make the necessary modifications and the facility will then be referred to multiple other state/local agencies for appropriate permits.
Q. What must I do to possess restricted non-native species?
A. Restricted non-native species include all species listed as restricted species in Rule 68A-23.008 (2) F.A.C. Possession by certified aquaculturists requires written authorization from FDACS and an on site inspection to verify that the facility meets the minimum requirements of the Restricted non-native species BMPs.
Q. How do I apply for an aquaculture lease?
A. You may apply for an aquaculture lease by completing a lease application form. Please give us your name and address and we will mail a lease application package (AquaPak) [PDF] to you.
Q. How long does it take to get a lease?
A. Most applications take approximately six months to process. However, if substantial environmental or local issues arise during the lease application review process, the application can take a year or longer to complete. For this reason, we recommend that you contact the staff before you submit the lease application, in order to discuss the site location as well as other important matters pertaining to your lease application.
Q. How much does it cost to apply for a lease?
A. A lease application processing fee in the amount of $200 is required to be submitted along with the completed lease application. Upon approval of the lease application, an annual rental fee will be required. The current rates charged annually for aquaculture leases are $16.33 per acre (adjusted based on the five-year change in the Consumer Price Index), and a surcharge in the amount of $10 per acre.
Q. What permits or licenses are required in order to manage and operate an aquaculture lease site?
A. You are required to apply for an Aquaculture Certificate with the Division of Aquaculture upon receipt of a signed lease agreement. The staff will send a certificate application along with the signed lease agreement. This is the only form of authorization that you need to possess seedstock; to plant it on your lease; and to harvest the market size product on the lease site.
Q. Are there any minimum clam planting requirements that I will be required to satisfy after I get a lease?
A. Before your lease application is approved by the State, the lease applicant must agree to plant a minimum of 100,000 seed clams per acre, per year. Each year the State will audit each lease, and in that process you will be required to send copies of all of your seedstock receipts for the previous year. This enables the staff to verify whether or not each lessee satisfied minimum effective cultivation requirements.
Q. Where can I purchase Florida farm-raised aquaculture products?
A. Contact the Department's Bureau of Seafood and Aquaculture Marketing to find sources of Florida farm-raised aquaculture products.
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Shellfish Handling
Q. What are shellfish?
A. The Florida Department of Agriculture and Consumer Services, Division of Aquaculture has been given the responsibility to regulate the processing of all edible species of oysters, clams and mussels, either shucked or in the shell, fresh or frozen. Also, the Division is responsible for regulating whole or roe-on scallops intended for sale for human consumption either shucked or in the shell, fresh or frozen.
Q. What is shellstock?
A. Shellstock is shellfish that remain in their shells.
Q. What is considered processing of shellfish?
A. Processing is the handling, unloading, storing, shucking, freezing, preparing, changing into different market forms, manufacturing, preserving, packing or labeling of shellfish or shellfish products.
Q. What do I have to do to become a certified shellfish dealer?
A. To become a certified shellfish dealer ( shellstock shipper, shucker-packer, or repacker ) one must meet the minimum requirements as stated in Chapter 5L-1 Florida Administrative Code (F.A.C.) To obtain a current copy of the code, telephone the Division of Aquaculture at (850) 488-5471 or go to https://www.flrules.org/gateway/ChapterHome.asp?Chapter=5L-1 on the internet.
Q. Do I need a license to process shellfish?
A. Yes.
Q. Why is a license required to buy & sell shellfish?
A. Issuance of licenses is only one facet of the development of regulations by the state to protect the public's health and to maintain confidence in shellfish safety. For example, only licensed, i.e., certified shellfish dealers can legally purchase shellfish from licensed harvesters who harvest shellfish from approved harvest areas in open status.
Q. Is there a charge for a Shellfish Processing Plant Certification License?
A. No. Currently, there is no fee for the certification license. However, there is a fee for a wholesale license issued by the Fish and Wildlife Conservation Commission, which all certified shellfish dealers are required to possess. Also, certified dealers who operate a retail outlet must purchase a retail license.
Q. Who issues Shellfish Processing Plant Certification License?
A. Shellfish Processing Plant Certification Licenses are issued by the Florida Department of Agriculture and Consumer Services, Division of Aquaculture, Processing Plant Inspection Section.
Q. Where do I obtain a Shellfish Processing Plant Certification License application?
A. An application package is available from the Division of Aquaculture and can be obtained by contacting the Division at 850/488-4033 or go to http://www.doacs.state.fl.us/onestop/forms/15007.pdf.
Q. What are the facility and equipment requirements for a certified shellfish dealer?
A. A certified shellfish dealer ( shellstock shipper SS, shucker-packer SP, or repacker RP) must meet the minimum requirements as stated in Chapter 5L-1, F.A.C., and in general terms, as follows:
- The facility must be located in an area where the planning and zoning board allows this type activity.
- The building must meet the minimum building codes/standards for structure integrity, plumbing and electrical. It must be built to be vermin proof.
- The building must have an approved water supply.
- The building must have an acceptable waste water/sewage disposal system.
- The employees must have access to toilet facilities.
- The facility must have a mechanically refrigerated storage cooler that is non- portable and is able to maintain an ambient temperature of 45° F.
- The floors and walls must be constructed so that they are easily cleanable.
- Facilities must be provided for cleaning and sanitizing food contact surfaces of equipment and utensils.
- Lighting must be adequate so those food workers can easily see to process food products and to clean equipment and utensils.
- Ventilation must be adequate so that condensation doesn't form and drop into food products.
- Garbage and refuse must be stored so that it does not contaminate food or food contact surfaces. It must be stored so that it does not attract vermin or create a sanitary nuisance. It must be removed from the premises frequently enough that there will be no build up.
- The premises must be maintained to prevent pooling of water on the property. Dust from driving and walking surfaces must be minimized. Grass and other vegetation must be mowed and maintained to prevent the harborage of rodents and other vermin.
- All plant equipment and utensils must be designed of materials and workmanship so as to be easily cleanable, be properly maintained and meet the minimum requirements as stated in Chapter 5L-1, F.A.C. Additionally, equipment must conform to the Shellfish Industry Equipment Construction Guides (August 1993), U.S. Department of Health and Human Services.
Q. Will there be an inspection of my business facility?
A. Yes, upon receipt of a completed Shellfish Processing Plant Certification License application by the Processing Plant Inspection Section, you will be contacted within 30 days. Following a satisfactory initial inspection that leads to the certification being issued, routine inspections will be periodically conducted at the facility by Department Sanitation and Safety inspection personnel.
Q. Will my certification license expire?
A. Yes. The license year starts on July 1 and ends on June 30. A certified dealer must submit a completed Shellfish Processing Plant Certification License application for annual renewal.
Q. What is a shellstock shipper allowed to do?
A. A shellstock shipper is a person who operates a shellstock shipping plant as a certified shellfish dealer, who grows, harvests, buys or repacks and sells shellstock. A shellstock shipper is not allowed to act as a shucker-packer or repacker. A shellstock shipper may also ship sealed containers of shucked shellfish.
Q. What is a shucker-packer allowed to do?
A. A shucker-packer is a person who operates a shucker-packer plant as a certified shellfish dealer who shucks and packs shellfish and who may act as a shellstock shipper and/or repacker.
Q. What is a repacker allowed to do?
A. A repacker is a person operating a repacking plant as a certified shellfish dealer, other than the original certified shucker-packer, who repacks shucked shellfish into other containers for distribution or sale. A repacker may also repack and ship shellstock. A repacker shall not shuck shellfish.
Q. Can a certified shellfish dealer purchase shellfish from shellfish harvesters?
A. Yes. A certified shellstock shipper, shucker packer or repacker may purchase shellstock from licensed harvesters who harvest shellfish from approved harvest areas in open status.
Q. Can a Certified shellfish dealer sell shellfish in other states?
A. A certified shellfish dealer who is listed in the U.S. Food and Drug Administration's Interstate Certified Shellfish Shippers List (ICSSL) may sell to wholesale and retail customers in other states. Shellfish dealers in Florida are automatically listed in the ICSSL upon certification.
