Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-9 - THE FLORIDA ARTIFICIAL REEF PROGRAM › Section 68E-9.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Applicant" means a local coastal
				governmental entity or an eligible nonprofit organization qualified under
				Section 501 (c)(3) of the U.S. Internal Revenue Code submitting a written grant
				application or proposal for financial assistance.
(2) "Artificial reef" for purposes of this
				rule means one or more manufactured or natural objects intentionally placed on
				the bottom in predominantly marine waters to provide conditions believed to be
				favorable in sustaining, or enhancing the spawning, breeding, feeding, or
				growth to maturity of Florida's managed reef associated fish species as well as
				to increase the productivity of other reef community resources which support
				fisheries. Included in this definition are artificial reefs developed with one
				or more of the following additional objectives: enhancement of fishing and
				diving opportunities, fisheries research, and fisheries
				conservation/preservation purposes.
(3) "Coastal local government" means any
				local governing body which is duly constituted under the laws of Florida and
				whose geographical jurisdiction covers, includes or borders the Atlantic Ocean,
				Gulf of Mexico, estuaries, or other predominantly marine waters.
(4) "Commission" means the Florida Fish and
				Wildlife Conservation Commission.
(5) "Development" for the purposes of this
				rule shall mean the process of creating a plan for a reef project or reef
				program, project site selection, obtaining permits, securing or fabricating
				reef materials, and transportation, and placement of artificial reef materials
				for the purpose of constructing an artificial reef.
(6) "Division" means the Division of Marine
				Fisheries in the Florida Fish and Wildlife Conservation Commission.
(7) "Evaluation" for purposes of this rule
				means the objective and accurate measurement of various characteristics of the
				artificial reef and its associated environmental related fishery and user
				benefits, for the purpose of judging whether the artificial reef is meeting the
				objectives specified for it by the grantee. Evaluation is synonymous with
				assessment.
(8) "Live bottom" for
				purposes of this rule shall mean an area that contains varying biological
				assemblages of perennial algal species and/or such invertebrates as sea fans,
				sea whips, hydroids, anemones, ascidians, sponges, bryozoans, or corals living
				upon and attached to naturally occurring permanent or ephemeral hard or rocky
				formations with rough, broken or smooth topography and of variable vertical
				relief. Live bottom is a subset of hard bottom which also includes living
				natural reefs such as tropical coral reefs, Oculina coral reefs, oyster reefs,
				and worm reefs, as well as artificial reefs.
(9) "Monitoring" for the purposes of this
				rule means the process of making technical and scientific observations at a
				reef site, as a means of gathering data according to a predetermined study plan
				in order to detect physical, biological, or recreational use patterns and
				changes.
(10) "Nonprofit
				corporation" for purposes of this rule means an organization that is a
				not-for-profit charitable, scientific or educational organization under 501
				(c)(3) of the Internal Revenue Service Code and is in full compliance with the
				regulations defining and governing that organization.
(11) "Permitted site" means an area with
				discrete boundaries inside of which one or more artificial reefs may be located
				and for which all required permits and authorizations have been obtained. These
				permits and authorizations include: artificial reef permits issued by the
				Florida Department of Environmental Protection and/or the Army Corps of
				Engineers and other permits, licenses, or authorizations required by any
				governing body.
(12) "Pollution"
				for purposes of this rule means any substances released into the waters of the
				state and adjacent federal waters resulting in a man-made alteration of the
				chemical, physical, biological, or radiological integrity of the water in
				quantities or levels which are potentially harmful or injurious to human health
				or welfare, animal or plant life, or property, including outdoor
				recreation.
(13) "Predominantly
				marine waters" means surface waters in which the chloride concentration at the
				surface is greater than or equal to 1, 500 milligrams per liter.
(14) "Prefabricated modules" means structures
				specifically designed and built for use as artificial reefs and which meet the
				environmental safety, durability, and stability requirements of this rule, as
				well as providing complexity and texture which are suitable as habitat for
				fishes and for colonization by encrusting marine organisms.
(15) "Program" means the Florida Artificial
				Reef Program.
(16) "Project" means
				an artificial reef project involving procurement of services and/or goods which
				has been granted money from the Artificial Reef Program.
(17) "Project Managers" means those
				individuals designated to act on behalf of the applicant and the Commission on
				matters relating to any subsequent grant agreement.
(18) "Research" for the purposes of this rule
				means investigation or experimentation aimed at the discovery and
				interpretation of facts which may lead to improved methods for the design,
				construction, placement, and use of artificial reefs as fishery management
				tools.
(19) "Staging area" means a
				land-based holding area for artificial reef material where such material is
				stored and prepared for transportation to an approved artificial reef
				site.
Rulemaking Authority Article IV, Section 9, Fla. Const.,
					 379.249(2), (4)
					 FS. Law Implemented Article IV, Section 9, Florida Constitution,
					 379.249
					 FS.
New 7-1-01.