Permit Rules
Chapter 68F-20
Aquatic Plant Management Permits
68F-20.0015
Definitions.
(1) "Aquatic plant" means any plant, including a
floating, emersed, submersed, or ditchbank species, growing in, or
closely associated with, an aquatic environment, and includes any
part or seed of such plant.
(2) "Aquatic plant management" means an activity
designed to control the growth of aquatic plants so as to protect
human health, safety and recreation and, to the greatest degree
practicable, to prevent injury to non-target plants, animal life,
and property.
(3) "Beneficial aquatic plants" mean indigenous
aquatic plant species that provide fish and wildlife habitat, water
quality protection, and shoreline stabilization.
(4) "Section" means the Invasive Plant Management
Section, an administrative subdivision of the Florida Fish and
Wildlife Conservation Commission, located at 3900 Commonwealth
Boulevard, MS 705, Tallahassee, Florida 32399-3000, telephone
(850)245-2809.
(5) "Classes of Surface Water" means the
classification of surface waters as defined by the Department of
Environmental Protection, pursuant to Rule 62-302.400, F.A.C.
(a) "Class I - Public Water Supplies" means surface
waters designated for human consumption.
(b) "Class II - Shellfish Propagation or
Harvesting" means surface waters where shellfish are grown or
harvested for human consumption.
(c) "Class III - Recreation, Propagation and
Maintenance of a Healthy, Well-Balanced Population of Fish and
Wildlife" means all surface waters of the state of Florida, which
are not included in Class I, II, IV or V.
(d) "Class IV - Agricultural Water Supplies" means
secondary and tertiary canals within agricultural areas.
(e) "Class V Waters - Navigation, Utility and
Industrial Use" means waters designated for such use.
(6) "Collection" means the removal or gathering of
any aquatic plant, including any part or seed thereof, from the
place in which it is growing in the natural environment.
(7) "Connection" means any depression, ditch,
canal, culvert, pipe, or any other natural or man-made conveyance,
whether permanent or intermittent, which joins the surface water of
one waterbody to the surface water of another waterbody in such a
manner as to allow the interchange of water between the
waterbodies. Waterbodies with conveyances which are subject to
man-made controls, including but not limited to dams, weirs, water
control gates, and valves which are preventing the interchange of
water between waterbodies at the time of the use of an herbicide
for aquatic plant management activities, and throughout any water
use restriction periods required by the herbicide product label,
shall not be considered to be connected.
(8) "Control area" means an area of water
containing the aquatic plant management site within which
opportunity exists for the mixture of water temporarily degraded by
management activities with receiving or adjacent waters. This
includes the area of water in which the use of a herbicide or
mechanical aquatic plant management activity is undertaken.
(9) "Commission" means the Florida Fish and
Wildlife Conservation Commission.
(10) "Ditchbank species" means those plants usually
growing not directly in water but near water's edge at normal water
level.
(11) "Eradication program" means a method for the
control of non-indigenous aquatic plants in which control
techniques are utilized in a coordinated manner in an attempt to
kill all the target aquatic plants on a permanent basis in a given
geographical area.
(12) "Herbicide" means any chemical product used to
chemically control or regulate aquatic plant growth.
(13) "Maintenance program" means a method for the
management of aquatic plants in which techniques are used in a
coordinated manner, on a continuous or periodic basis, in order to
maintain the target plant population at the lowest feasible level
funding and technology will permit, as determined by the
Commission.
(14) "Manatee aggregation site" means a specific
area within a waterbody or canal system where manatees periodically
congregate, as identified by the section in consultation with the
U.S. Fish and Wildlife Service and the Commission's Imperiled
Species Management Section.
(15) "Natural waters" means those surface waters
created through geological and biological processes whether or not
subsequently modified by man.
(16) "Noxious aquatic plant" means any part,
including but not limited to seeds or reproductive parts, of an
aquatic plant which has the potential to hinder the growth of
beneficial plants, to interfere with irrigation or navigation, or
to adversely affect the public welfare or the natural resources of
this state.
(17) "Outstanding Florida Waters" means waters
designated by the Environmental Regulation Commission as worthy of
special protection because of their natural attributes as listed in
Rule 62-302.700, F.A.C.
(18) "Permit" means a license issued by the
commission, pursuant to this chapter.
(19) "Person" means individuals, children, firms,
associations, joint ventures, partnerships, estates, trusts,
business trusts, syndicates, fiduciaries, corporations, and all
other groups or combinations.
(20) "Regional biologist" means a biologist
employed by the section who is located in a region of the state
designated by the section, and whose duties are to carry out the
responsibilities of the section within the region as assigned.
(21) "Riparian owner" means a person who possesses
fee title to property that extends to the ordinary high water mark
of navigable waters, or to the bottom.
(22) "Sovereignty lands" means, pursuant to Article
X, Section 11, Constitution of the State of Florida, the title to
lands under navigable waters, within the boundaries of the state,
which have not been alienated, including beaches below mean high
water lines, is held by the state, by virtue of its sovereignty, in
trust for all the people.
(23) "Waters" or "Waters of the State" means
rivers, streams, lakes, navigable waters and associated
tributaries, canals, meandered lakes, enclosed water systems, and
all other bodies of water.
(24) "Waters of Special Concern" means Class I and
II waters, Outstanding Florida Waters, and waters designated by
rule as a fish management area by the commission.
Specific Authority 369.20, 369.22 FS. Law
Implemented 369.20, 369.22, 403.088 FS. History-New 2-9-82, Amended
7-9-85, Formerly 16C-20.015, 16C-20.0015, Amended 5-3-95, Formerly
62C-20.0015.
68F-20.002 Permits - Applications.
(1) No person shall attempt to control, eradicate,
remove, or otherwise alter any aquatic plants in waters of the
state, including those listed in Section 369.251, F.S., except as
provided in a permit issued by the commission unless the waters in
which aquatic plant management activities are to take place are
expressly exempted in Rule 68F-20.0035, F.A.C.
(2) Permits issued pursuant to this chapter are not
intended to allow for the collection and subsequent use of the
removed plants, unless specifically provided for in the permit
conditions.
(3) Application format and requirements:
(a) All applications for new permits or
modifications to existing permits shall be submitted in accordance
with the requirements of this rule.
(b) All application documents shall be submitted in
an 8 1/2 by 11 inch format and be of good quality and clearly
legible.
(c) Each application shall be submitted on FWC form
50-032(16) (Aquatic Plant Management Application, effective date
5-3-95, which is hereby incorporated by reference), and is
available at no cost from the section.
(d) All applications, except for those from
government agencies, research institutions, and wastewater
treatment facilities approved by the Department of Environmental
Protection, shall be in the name of and signed by the riparian
owner who shall, upon request, provide proof of riparian ownership.
An application may be submitted by an agent of the riparian owner
provided that the name, address, telephone number, signature of the
riparian owner, and agent is provided on the application. Persons
representing multiple riparian owners such as, but not limited to,
governmental agencies and officers of homeowners associations may
submit an application without the name, address, telephone number,
and signature of all riparian owners. However, the name, signature,
address, and telephone number of the contact person must be
shown.
(e) As part of the application, the applicant shall
provide the name of the waterbody, if it is named, and a map with
directions to the proposed management site using county, state, and
U.S. highway names and route numbers.
(f) As part of the application the applicant shall
provide a detailed diagram of the proposed management site which
shall contain at a minimum the following information:
1. Riparian owner's property boundaries, including
dimensions.
2. Approximate water's edge at the time of the
proposed application.
3. All prominent features such as docks, fences,
trees, etc., located near the water's edge.
4. All aquatic plant communities located at the
site identified by name or symbol, with a clear depiction of the
aquatic plants proposed for control including the dimensions of the
control area and the vegetation not to be controlled.
5. The proposed control method to be used.
6. Type of public notification to be used when
applying herbicides with water use restrictions required by the
herbicide product label.
7. Legends that explain all symbols and patterns
used.
(g) Each applicant shall submit one complete
application bearing original signatures and two copies of the
complete application to the appropriate regional biologist.
(4) The regional biologist shall review and
determine the completeness of each application and may conduct an
on-site inspection.
(5) Final agency action on permit applications.
(a) All conditions of the permit shall be stated on
the permit.
(b) Permits shall be effective for a period of
three years from the date issued.
(6) Permit amendments:
(a) The permittee may request an amendment subject
to the procedures and review criteria of this chapter.
(b) Following notice to the permittee, the
commission is authorized to amend a permit issued pursuant to this
chapter during the term of the permit to restrict or limit the
scope of the permitted activity. This shall be done if necessary to
ensure the protection of human health, safety, recreation, plant
and animal life, and property.
(c) A permit issued pursuant to this chapter may be
transferred at the written request of a new owner or assignee of
the permitted property when accompanied by written consent from the
permit holder. If any changes, additions, or modifications to the
permit are requested, an application for a new permit must be filed
for processing.
(7) It shall be the responsibility of the permittee
to submit a renewal application 45 days prior to the expiration
date of the permit.
(8) When a person enters into a contract with the
commission to conduct aquatic plant management for research
purposes or pursuant to an eradication or maintenance program
initiated under Chapter 5B-64, F.A.C., or Chapter 68F-54, F.A.C.,
the execution of the contract shall constitute the commission's
permit for aquatic plant management.
Specific Authority 369.20, 369.22 FS. Law
Implemented 369.20, 369.22, 403.088 FS. History-New 5-8-77, Amended
2-9-82, 7-9-85, Formerly 16C-20.02, 16C-20.002, Amended 5-3-95,
Formerly 62C-20.002.
68F-20.0035 Waters Exempt from
Permitting.
(1) No aquatic plant management permit is required
by the commission for the following waters:
(a) Waters wholly owned by one person, other than
the state, provided there is no connection to Waters of Special
Concern.
(b) Class IV waters or artificially created waters
used exclusively for agricultural purposes, provided there is no
connection to Waters of Special Concern.
(c) Electrical power plant cooling ponds,
reservoirs, or canals unless used as or connected to waters
designated by the commission as manatee aggregation sites.
(d) In waters of 10 surface acres or less provided
there is no connection to Waters of Special Concern. The acreage of
waters in systems with any connections shall be calculated for each
individual water rather than collectively as a system. Natural
connections between non-exempt waters shall be considered part of
those waters.
(e) In that specific area of a waterbody where a
dredge and fill activity is permitted by the Department of
Environmental Protection and aquatic plants are removed as a part
of the permitted activity.
(2) Although certain waters are exempt from the
commission's permit requirements, all aquatic plant management
activities shall be conducted in a manner so as to protect human
health, safety, recreational use, and to prevent injury to
non-target plant and animal life, and property, to the greatest
degree practicable. When applying a herbicide in exempt waters, all
persons shall comply with label rates, instructions, cautions, and
directions, and shall follow the public notice requirements of
paragraph 68F-20.0055(2)(c), F.A.C. No aquatic plant management
activity using herbicides or mechanical harvesting equipment shall
be conducted when manatees are in the control area in exempt
waters. Copper-based herbicides shall not be used in any exempt
waterbody connected to any natural waterbody designated as a
manatee aggregation site without a permit from the commission.
Specific Authority 369.20, 369.22 FS. Law
Implemented 369.20, 369.22, 403.088 FS. History-New 2-9-82, Amended
7-9-85, Formerly 16C-20.035, 16C-20.0035, Amended 5-3-95, Formerly
62C-20.0035.
68F-20.0045 Criteria for Issuing, Modifying or
Denying Permit Applications.
(1) The commission recognizes the varied human and
environmental concerns for Florida's waters. Aquatic plant
management permits shall be issued to allow persons reasonable
access to, and use of, these waters while maintaining sufficient
native vegetation to provide for environmental concerns such as the
impact upon fish, wildlife, water quality, and shoreline
stabilization. Native aquatic plant species in natural waters will
not be considered for control unless the native species alone, or
when intermingled with nonindigenous species, have become
noxious.
(2) In determining whether a permit shall be issued
for aquatic plant management purposes, the commission shall
consider the following criteria:
(a) The noxious aquatic plant species present and
the potential of the target plants to create adverse effects.
(b) The amount and quality of the aquatic plants
within the waterbody and the proposed management site, and their
importance to biological communities that are utilizing them.
(c) The positive or adverse impacts of the aquatic
plant management activities on public interest considerations such
as:
1. Health and safety of the public.
2. Navigation.
3. General public's access to, or use of, the
waterbody.
4. Riparian property owners' access to, or use of,
the waterbody.
5. Swimming, fishing or other recreational
activities.
6. Water flow or the potential for flooding.
(d) The positive or adverse impacts of the aquatic
plant management activities on fish and wildlife considerations
such as:
1. Endangered or threatened species, species of
special concern, or their prey species and habitat.
2. The potential of the management activities to
improve habitat for the production of fish and wildlife, including
non-game species.
3. The potential of the plant management activities
to increase or improve native aquatic plant species diversity.
(e) The positive or adverse impacts of the proposed
aquatic plant management activities on water quality considerations
such as:
1. Native plant coverage which may protect or
improve water quality.
2. Native plant coverage which may prevent or
reduce shoreline erosion and runoff.
3. Nutrient levels, dissolved oxygen levels,
deposition of organic matter, herbicide residues or other impacts
on water quality outside of the control area designated by the
commission.
(f) The protection of the receiving waterbodies
consistent with the classes of surface waters established pursuant
to Chapter 62-302, F.A.C.
(g) The potential of the proposed activity to
spread noxious aquatic plants, or to promote the survival and
growth of native aquatic plants.
(3) The commission will not issue more than one
permit for the same activity at the same site, at the same time, in
the behalf of a riparian owner.
(4) The removal, cutting, collecting, or altering
in any way of mangroves, mangrove seeds (fruits) or propagules, or
plants restricted by Rule 68B-42.001, F.A.C., are not regulated by
this chapter and, therefore, shall not be permitted pursuant to
Chapter 68F-20, F.A.C.
(5) If after review of a complete application the
commission determines that the proposed activity does not conform
to the criteria as established in Rule 68F-20.0045, F.A.C., the
commission shall deny the permit.
Specific Authority 369.20, 369.22 FS. Law
Implemented 369.20, 369.22, 403.088 FS. History-New 2-9-82,
Formerly 16C-20.045, 16C-20.0045, Amended 5-3-95, Formerly
62C-20.0045.
68F-20.0055 Management Method Criteria and
Standards, Operations and Reporting Requirements.
(1) Management Method Criteria and Standards
(a) Herbicide control activities:
1. All herbicide control activities shall be in
conformity with label requirements of the product to be used.
2. Herbicides that require water use restrictions
when used according to label requirements, and do not indicate a
potable water intake setback distance on the label, must not be
used to manage floating plants within 0.5 miles of a functioning
potable water intake in a lake or within two miles upstream or 0.5
miles downstream of a functioning potable water intake in a river
system.
3. When used to manage aquatic vegetation other
than floating plants, herbicides that require water use
restrictions when used according to label requirements, and do not
indicate a potable water intake setback distance on the label, must
not be used within two miles of a functioning potable water intake
in a lake or within two miles upstream or 0.5 miles downstream of a
functioning potable water intake in a river system.
4. When management activities, using a herbicide
without a potable water setback distance, are to take place within
two miles of a functioning potable water intake in a lake, or
within two miles upstream or 0.5 miles downstream of a functioning
potable water intake in a river system, written notice by certified
mail must be given to the operator of the water treatment plant and
to the section at least one week prior to the treatment activity,
unless an alternative notification system has previously been
approved by the commission.
5. When more than one herbicide is registered for
use in an aquatic site, the commission shall require the use of the
herbicide which it determines has the least adverse effect upon
human health, safety, recreational uses, non-target plants, fish,
and wildlife. In determining which herbicide shall be used, the
following criteria shall be considered:
a. Which herbicide will provide the greatest
protection to human health, safety, and recreational uses.
b. Which herbicide will provide the greatest
protection to non-target plant and animal life.
c. Which herbicide will be most effective at
controlling the targeted species.
6. No herbicide shall be permitted for use in
violation of label requirements as registered by the Department of
Agriculture and Consumer Services or the United States
Environmental Protection Agency.
7. Application of herbicides shall be conducted at
all times in a manner to cause the least possible adverse effect on
human health, safety, recreational uses, non-target plants, fish,
or wildlife.
8. Management activities using herbicides shall not
be permitted in manatee aggregation sites when manatees are present
except when automatic herbicide spreaders operating on timing
devices have been authorized by a permit.
9. In order to protect the welfare, safety, and
health of manatees, when manatees are sighted in a control area,
all herbicide control operations must cease immediately (except
when automatic herbicide spreaders operating on timing devices have
been authorized by a permit), and shall not be resumed until all
manatees have left the control area of their own volition. No
manatee may be herded or harassed into leaving the control
area.
10. Proposed herbicide treatments that may cause
the rapid decay of aquatic vegetation and possible oxygen
depletion, shall be required to be staggered or conducted in stages
to allow time for recovery and stabilization of oxygen levels
between treatments.
(b) Mechanical and Physical Control Activities:
1. Mechanical aquatic plant management operations
shall be conducted in a manner which will not cause further
significant spread of noxious aquatic plant species. All cut or
harvested aquatic vegetation shall be deposited as prescribed in
the permit. No substrate is authorized to be recontoured or removed
under an aquatic plant management permit.
2. When manatees are sighted within 50 feet of
mechanical operations, all operations must cease immediately and
shall not be resumed until all manatees have left the mechanical
operations area of their own volition. No manatees may be herded or
harassed into leaving the control area.
3. An aquatic plant management permit is required
to fluctuate water levels when the primary purpose is for aquatic
plant management. A permit to fluctuate water levels may also be
required from the appropriate water management district.
(c) Biological Control Activities:
1. The use of fish as a biological control for
aquatic plants requires a permit from the commission which has
statutory authority for the regulation of the use of fish.
2. All other biological control agents shall be
used only if approved for general release by the U.S. Department of
Agriculture and the Florida Department of Agriculture and Consumer
Services.
(2) Operations Requirements:
(a) All persons conducting aquatic plant management
activities shall remove from the site and properly dispose of, in
accordance with label instructions, all herbicide containers which
result from aquatic plant management activities.
(b) All persons conducting aquatic plant management
activities shall allow employees of the commission to conduct
inspections, sample waters in management sites, observe control
activities at management sites, and review records required by;
subsection 68F-20.0055(3), F.A.C., of this chapter in order to
determine compliance with the terms of this chapter and permit
conditions. In addition, all persons shall allow employees of the
commission, acting as agents of the Department of Agriculture and
Consumer Services, pursuant to an interagency memorandum of
understanding (effective date 22 May 1985, which is hereby
incorporated by reference and is available from the section) to
remove samples from spray tanks to ascertain compliance with the
terms of this chapter, and permit conditions.
(c) Prior to undertaking herbicide control
activities, each permittee shall notify potential users of waters,
subject to or affected by the aquatic plant management activities,
if there are use restrictions on the herbicide label for treated
waters. The permittee must use one or more of the following methods
of notice, which shall be stated on the permit, for posting
water-use restrictions to properly notify the affected public:
1. The posting of signs at access points.
2. The publication of notice in a newspaper of
general circulation in the affected area.
3. The placement of notices at the management
site.
4. The establishment of a signal or marker
system.
5. Giving notice at established point of
contact.
6. Other methods, approved in advance by the
commission, designed to reach the affected public.
(d) The notice shall include, at least, the types
of activities which will be temporarily prohibited, or restricted,
and the dates for which these prohibitions, or restrictions, are
applicable. The notice must remain posted during the period for
which any use restrictions are in effect.
(e) Any person engaged in aquatic plant management
must have a copy of the aquatic plant management permit when
conducting control activities, unless activities are being
undertaken pursuant to Chapter 68F-54, F.A.C.
(f) If the commission finds that immediate, serious
danger to the public health, safety, or welfare requires emergency
action, it is authorized, to suspend, restrict, or limit the scope
of the permitted activity by emergency order. Any emergency action
taken pursuant to this rule shall be promptly reported to the
Commissioners as agency head.
(3) Reporting Requirements:
(a) Each permittee shall maintain records of
herbicide use conducted pursuant to this chapter on FWC Form
50-031(16) (Aquatic Plant Management Annual Operations Report,
effective date 5-3-95, which is hereby incorporated by reference
and is available from the section). An equivalent report may be
used provided it is approved in advance by the section.
(b) The Operations Report Form, or other approved
equivalent form, shall be sent to the section each year within 30
days following the anniversary of the issue date or the expiration
date of the permit.
(c) Subsequent permits will not be issued or
renewed until the Operations Report is received. A permit is
subject to revocation if the Operations Report is not received
within the required time frame.
Specific Authority 369.20, 369.22 FS. Law
Implemented 369.20, 369.22, 403.088 FS. History-New 2-9-82, Amended
7-9-85, Formerly 16C-20.055, 16C-20.0055, Amended 5-3-95, Formerly
62C-20.0055.
68F-20.0075 Penalties.
(1) Following proper notice, the commission is
authorized to modify, revoke, suspend, annul, or withdraw any
permit granted by it, or deny or modify any permit request, if the
commission determines that the following actions were committed by
the permittee or applicant:
(a) Submission of false or inaccurate information
in the permit application, requests for amendments or renewals, or
records maintained pursuant to subsection 68F-20.0055(3),
F.A.C.
(b) An unresolved violation of a permit, permit
conditions, this chapter, or Florida Statutes relating to aquatic
plant management activities.
(c) Failure to file an operations report within the
specified period of paragraph 68F-20.0055(3)(b), F.A.C.
(2) Violators of this chapter involving the use of
herbicides are subject to penalties as provided in Sections 403.141
and 403.161, F.S.
Specific Authority 369.20, 369.22 FS. Law
Implemented 369.20, 369.22, 403.088, 403.141, 403.161 FS.
History-New 2-9-82, Formerly 16C-20.075, 16C-20.0075, Amended
5-3-95, Formerly 62C-20.0075.
Persons with Disabilities