Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.021 - Applications for Aquacultural Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) Aquaculture
				lease application and review process.
(a) An
				aquaculture lease to conduct aquacultural activities on sovereignty submerged
				lands or the overlying water column shall meet the criteria for an aquaculture
				lease in Rule  18-21.020, F.A.C.
(b) The Application for a State Owned
				Sovereignty Submerged Land Aquaculture Lease (FDACS 15102, Rev. 09/20) is
				hereby adopted and incorporated by reference and may be obtained on the
				Internet at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13090
,
				or by writing to the Division of Aquaculture at 600 S. Calhoun Street, Suite
				217, Tallahassee, Florida 32399.
(c) Applications for aquaculture leases shall
				include the following:
1. Name, address and
				phone number of the applicant.
2.
				Description of the aquaculture activities to be conducted, including whether
				such activities are to be experimental or commercial.
3. A statement describing the applicant's
				capabilities to conduct the proposed activities.
4. Location of the proposed activity
				including: county; section, township and range; water body; and a vicinity
				map.
5. Satisfactory evidence of
				sufficient upland interest to the extent required by paragraph
				 18-21.004(3)(b),
				F.A.C.
6. Names and addresses, as
				shown on the latest county tax assessment roll, of each owner of property lying
				within 500 feet of the parcel sought, prepared from current records of the
				county property appraiser.
7. A
				statement describing the potential impacts of the proposed use on the ecology
				of the area, including sea grasses, fish habitat, threatened and endangered
				species, and other natural resources present on the parcel sought.
8. A statement explaining why the lease is
				not contrary to the public interest, or within aquatic preserves, why the lease
				is in the public interest.
9. An
				application fee as specified in Rule
				 18-21.022, F.A.C.
10. Proof of publication and notification
				required pursuant to Section
				 253.70, F.S.
(d) In addition to these requirements,
				applications for docks or other aquaculture-related structures connected to
				upland which require use of the water column shall include the following, as
				applicable:
1. Satisfactory evidence of
				sufficient upland interest in the riparian upland property to the extent
				required by paragraph
				 18-21.004(3)(b),
				F.A.C.
2. A detailed statement
				describing the proposed activities, including the project design and
				description of all operations.
3. A
				detailed and dimensioned site plan drawing showing:
a. The approximate mean or ordinary high
				water line;
b. The location of
				wetland, shoreline and aquatic vegetation and other submerged resources, if
				existing;
c. The location of any
				manatee protection zones;
d. The
				location of the proposed structures and any existing structures;
e. The location of intake and discharge
				pipelines, pumps, culture units, and tanks;
f. The applicant's upland parcel property
				lines and zoning restrictions;
g.
				The names and addresses, as shown on the latest county tax assessment roll in
				mailing label form, of each owner of property lying within 500 feet of the
				parcel sought, prepared from current records of the county property appraiser;
				and
h. The location of the nearest
				natural or artificial navigation channel.
(e) When DACS identifies tracts of
				sovereignty submerged lands or water columns designated as aquaculture use
				zones involving multiple lease parcels for aquacultural development, and there
				is no established priority for selecting qualified applicants, then DACS shall
				make recommendations to the Board and request consideration concerning the
				method to be used to select qualified applicants and to determine the amount of
				lease fees, in accordance with this section.
(f) In the event that the lessee wishes to
				conduct activities on the aquaculture dock or other structures that are not
				directly related to the aquacultural activities identified in the lease
				agreement, the lessee shall request authorization from the Board of Trustees
				through the Department of Environmental Protection pursuant to Rules
				 18-21.004,
				 18-21.005 and
				 18-21.008, F.A.C. Such
				authorizations shall require the structures to be modified or removed if
				necessary to comply with the requirements of those rule sections. If the
				activities are determined to be commercial and unrelated to aquaculture, the
				lessee shall seek authorization pursuant to paragraph
				 18-21.005(1)(d),
				F.A.C., for a commercial dock lease.
(g) In the event that an environmental
				resource permit or a wetland resource permit under Part IV of Chapter 373,
				F.S., is required, DACS will require a copy of the permit or notice of intent
				to issue an environmental resource permit from the Department of Environmental
				Protection, in accordance with Rule
				 18-21.00401, F.A.C.
(h) Applicants must obtain applicable federal
				permits for aquaculture activities in areas that are subject to federal
				jurisdiction.
(i) Legal description
				and acreage of the parcel shall be submitted subsequent to final approval of
				the application but prior to issuance of the lease.
(j) Two prints of a survey, which shall
				constitute the field survey, shall be submitted subsequent to final approval of
				the application but prior to issuance of the lease of the parcel sought;
				prepared, signed, and sealed by a person properly licensed by the Florida Board
				of Professional Surveyors and Mappers when required by Chapter 472, F.S., or an
				agent of the federal government authorized to do such surveys under federal
				law. Preliminary site approval can be based upon marking off the general
				configuration of the parcel sought, including the acreage of the parcel,
				latitude and longitude coordinates for the corners of the parcel identified
				using a Global Position System on a topographic map or a navigation
				chart.
(k) DACS shall coordinate
				the application review process for applications to lease sovereignty submerged
				lands for aquaculture, including those for use of the water column, in order to
				determine that proposed sites are suitable for aquaculture
				activities.
(l) The review
				procedures to be followed for new applications include:
1. Review by DACS to determine:
a. That the proposed aquaculture activity is
				water dependent;
b. That the
				proposed project and operation is directly related to aquaculture;
c. The desirability of the proposed
				aquaculture from a resource management perspective;
d. The presence of substantial harvestable
				wild clams or oysters on the proposed area;
e. That the size of area requested for lease
				is appropriate to the use;
f. The
				suitability of the site for leasing;
g. The effect on public health, safety,
				welfare, or property of others; that the proposed construction or operations do
				not constitute a hazard to navigation or interfere with a riparian property
				owner's access to navigable water;
h. That the proposed project will not
				adversely affect historical or archaeological resources;
i. The need for special lease conditions that
				will ensure compliance with Chapters 253 and 258, F.S., and,
j. The ability of the applicant to perform
				the work.
2. Review by
				the Department of Environmental Protection to assess the effect of the proposed
				aquacultural activity on water quality and submerged resources and to comment
				on the consistency of the application with management goals and objectives for
				managed areas, including state parks, aquatic preserves, marine sanctuaries, or
				research reserves, as expressed in the management plan applicable to the
				managed area, or prevailing management practice. The review process for
				aquaculture leases located in aquatic preserves which include docks and
				aquaculture-related structures in the water column shall also include the
				following:
a. An assessment of design and
				operational specifications that will be established to avoid or minimize
				adverse environmental impacts to marine habitat, threatened and endangered
				species habitat, adjacent wetlands, and water quality, including, but not
				limited to, designs and operations that minimize shading by increasing light
				transmittance, and that incorporate the installation and maintenance of
				appropriate manatee protection and resource information signs.
b. A determination of the type of resource
				protection area, as defined in Rule
				 18-20.003, F.A.C., affected by
				the proposed project.
3.
				Review by the Fish and Wildlife Conservation Commission to comment on the
				application relative to such factors as an assessment of the probable effect of
				the proposed lease on the conservation of fish or wildlife, threatened and
				endangered species, compliance with manatee protection plans, or other programs
				under the constitutional or statutory authority of the Commission.
4. Review by the Department of State when
				there is evidence of or the likelihood of the existence of historical or
				archaeological resources on the proposed site.
5. Review by the county commission of the
				county in which the lease is situated, pursuant to Section
				 253.68, F.S.
6. Review by the Army Corps of Engineers to
				assess the effect of the proposed lease on navigation and boating
				safety.
(m) After the
				coordinated review of the application, DACS shall compile the findings of the
				review and develop recommendations concerning the use of sovereignty submerged
				lands and water columns for consideration by the Board. Documents containing
				the comments received from the review required in this subsection shall become
				part of the application.
(n) All
				requests for aquaculture leases on sovereignty submerged lands shall be
				processed in accordance with the notice and hearing requirements of Section
				 253.115, F.S. For purposes of
				notification of adjacent property owners, requests for revisions to existing
				leases that increase the preempted area or change the use (such as one that
				requires a different form of authorization or application of different rule
				criteria) will be treated as new applications under this chapter.
(o) The Board shall require the applicant to
				cause notice of receipt of the lease application to be published in a newspaper
				of general circulation in the county in which the parcel is situated once a
				week for three consecutive weeks. Such notice shall be made on the Notice of
				Aquaculture Lease Application (FDACS 15118, Rev. 05/17) which is hereby adopted
				and incorporated by reference and may be obtained on the Internet at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10254
or by writing to the Division of Aquaculture at 600 S. Calhoun Street, Suite
				217, Tallahassee, Florida 32399. The application shall contain the following:
1. Preliminary location description and
				acreage of parcel sought; and
2. A
				description of the aquaculture activity being proposed.
(p) DACS will hold a public hearing in
				response to heightened public concern prior to seeking consideration by the
				Board, if such concern is raised in response to the public notice.
(q) If DACS determines that the application
				is complete and complies with the standards and criteria in Chapter 253, F.S.,
				and this rule chapter, DACS shall initiate the agenda process to bring the
				application and recommendations before the Board for consideration at its next
				regularly scheduled public meeting. The application may be approved, approved
				with modifications, or denied. The lease fee shall be determined by the Board
				in accordance with the provisions in Section
				 253.71(2),
				F.S.
(r) DACS shall also coordinate
				the review process and agenda preparation for applications for voluntary
				conversions of shellfish leases to aquaculture leases.
(s) All leases are renewable, modifiable, and
				assignable, subject to:
1. Approval by the
				Board under this rule; and
2.
				Compliance with the statutes and rules of the Board in effect at the time of
				lease renewal, modification or assignment that apply to or affect sovereignty
				submerged lands.
(t)
				Termination of the lease, corrective action, or enforcement under Section
				 253.04, F.S. or Chapter 18-14,
				F.A.C., shall result for the following, and no application to renew, modify, or
				assign the lease shall be approved unless all such non-compliance is corrected:
1. Non-compliance with any material term or
				condition of the lease to be renewed, modified or assigned or of any other
				current or prior lease between the applicant and the Board;
2. Evidence of the applicant's previous
				trespass, damage, or depredation to sovereign submerged land or the products
				thereof caused by the facility or use; or
3. Failure to pay any fees or fines assessed
				under Rule  18-21.022 or Chapter 18-14,
				F.A.C., for such leases.
(u) Requests to renew leases shall be made on
				the Application to Renew an Aquaculture Lease Shellfish (FDACS 15160, Rev.
				06/16) or Application to Renew an Aquaculture Lease Live Rock (FDACS 15412,
				Rev. 06/17). Applications to sublease shall be made on the Application for
				Sublease of Sovereignty Submerged Land Aquaculture Lease (FDACS 15114, Rev.
				08/16/09). Applications for transferring leases shall be made on Assignment and
				Assumption of Lease (FDACS 15113, Rev. 04/14). The applications listed in this
				paragraph are hereby adopted and incorporated by reference and may be obtained
				on the Internet at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10255
,
http://www.flrules.org/Gateway/reference.asp?No=Ref-10260
and
http://www.flrules.org/Gateway/reference.asp?No=Ref-10261
,
				or by writing to the Division of Aquaculture at 600 S. Calhoun Street, Suite
				217, Tallahassee, Florida 32399.