Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5B - Division of Plant Industry › Chapter 5B-64 - AQUATIC PLANT IMPORTATION, TRANSPORTATION, NON-NURSERY CULTIVATION, POSSESSION AND COLLECTION › Section 5B-64.003 - Permit Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) No person shall
				engage in any business activity involving the non-nursery cultivation, or
				collection of any aquatic plant species without a permit issued by the
				department unless expressly exempted by Rule
				5B-64.010, F.A.C. No person,
				except aquatic plant nurseries regulated by the Department of Agriculture and
				Consumer Services, shall engage in any business activity involving the
				importation, transportation, sale or possession of any aquatic plant species
				without a permit issued by the department unless expressly exempted by Rule
				5B-64.010, F.A.C. Collection
				activities exempted from permitting requirements under this chapter, when
				undertaken on private or sovereignty lands, must be authorized by the
				landowner.
(2) No person shall
				possess any Class I prohibited aquatic plant listed in Rule
				5B-64.011, F.A.C., without a
				permit issued by the department. No person shall possess any Class II
				prohibited aquatic plant listed in Rule
				5B-64.011, F.A.C., without a
				permit issued by the department unless expressly exempted by Rule
				5B-64.010, F.A.C.
(3) No collection of native aquatic plants,
				including any part or seed thereof, from aquatic preserves, state parks, or
				sovereignty lands under lease to other entities, shall be permitted pursuant to
				this chapter.
(4) Only native
				aquatic plants cultured in a nursery regulated by the department or collected
				from an approved wild collection site, shall be used for the revegetation,
				restoration, or mitigation of wetlands in sovereignty lands. No prohibited or
				non-native aquatic plant shall be placed in, or knowingly be distributed for
				use in natural waters, or waters connected to natural waters. Non-native plants
				not on the prohibited plant list may be used in artificially created ponds and
				water gardens that are not connected to natural waters.
(5) No person shall knowingly cause the
				dissemination of any prohibited plant listed in Rule
				5B-64.011, F.A.C.
(6) The collection of aquatic plant material
				from sovereignty lands is prohibited unless a permit is issued by the bureau.
				This permit shall constitute permission from the Division of State Lands and
				authorization for such collection. Collection may be permitted for nursery
				stock which is to be used for propagation and cultivation purposes. Collection
				may also be permitted for habitat enhancement or restoration projects in
				sovereignty lands that are directed by a state agency, local government, or
				water management district. Cuttings may be permitted to be taken for sale when
				taken in a manner that assures the survival of the plant and the roots are not
				disturbed. Vallisneria americana, Sagittaria kurziana and Sagittaria
				subulata/graminea may be permitted to be collected for sale from approved wild
				collection sites in sovereignty lands until October 1, 1995.
(7) Persons engaged in wild collection
				activities shall carry a copy of the permit. Permittees shall be responsible
				for the acts, or omissions, of their employees or agents.
(8) An aquatic plant permit issued pursuant
				to this chapter is non-transferrable and is valid only for the person and
				activities for which the permit is issued.
(9) Issuance of an aquatic plant permit does
				not relieve the permittee of the responsibility of complying with all
				applicable federal, state, county, and municipal laws, ordinances, or rules,
				and the permittee is not relieved of the responsibility of obtaining other
				required licenses or permits.
(10)
				An aquatic plant permit does not constitute permission to collect endangered,
				threatened, or otherwise protected plant species.
(11) A permit is required for each individual
				wild collection site. However, more than one site may be approved on the same
				permit. When collection activities are undertaken, a copy of the permit must be
				available onsite.
(12) Permits
				shall be effective for a period not to exceed three years based on criteria and
				standards referenced in Rule
				5B-64.004, F.A.C., of this
				chapter, proposed activities, and unresolved violations of this chapter. The
				effective period shall be set forth in the permit.
Rulemaking Authority 369.25, 369.251 FS. Law Implemented
					 369.25, 369.251 FS.
New 8-11-86, Amended 6-13-93, Formerly 16C-52.003,
					 62C-52.003.