Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68F - Aquatic Plants › Chapter 68F-20 - AQUATIC PLANT CONTROL PERMITS › Section 68F-20.0015 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(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) "Artificial waters"
				means those surface waters created through excavation by humans.
(4) "Beneficial aquatic plants" means
				indigenous aquatic plant species that provide fish and wildlife habitat, water
				quality protection, and shoreline stabilization.
(5) "Boatable connection" means a connection
				between two waterbodies that is of sufficient depth and width, at normal water
				levels, that a subsurface propeller-driven boat can navigate bwtween the
				waterbodies.
(6) "Class I - Potable
				Water Supplies" means surface waters designated for human consumption as
				defined by the Department of Environmental Protection, pursuant to rule
				62-302.400, F.A.C., and all
				derivaties of this classification.
(7) "Class II - Shellfish Propagation or
				Harvesting" means surface waters where shellfish are grown or harvested for
				human consumption as defined by the Department of Environmental Protection,
				pursuant to rule 62-302.400, F.A.C.
(8) "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.
(9) "Commission" means the Florida Fish and
				Wildlife Conservation Commission.
(10) "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.
(11)
				"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 and the
				area of water in which the use of a herbicide or mechanical aquatic plant
				management activity is undertaken.
(12) "Direct connection, " or any derivative
				thereof, means when conditions exist where interchange of water between
				waterbodies can occur at the time of aquatic plant control
				activities.
(13) "Ditchbank
				species" means those plants usually growing not directly in water but near
				water's edge at normal water level.
(14) "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.
(15) "Herbicide" means any chemical product
				used to chemically control or regulate aquatic plant growth.
(16) "Maintenance program" means a method for
				the management of aquatic plants in which techniques are used in a coordinated
				manner as determined by the Commission.
(17) "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.
(18) "Natural waters"
				means those surface waters created through geological and biological processes
				whether or not subsequently modified by man.
(19) "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.
(20) "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.
(21) "Permit" means a license issued by the
				Commission, pursuant to this chapter.
(22) "Person" or "persons" means any
				individuals, children, firms, associations, joint ventures, partnerships,
				estates, trusts, business trusts, syndicates, fiduciaries, corporations, and
				any other groups or combinations thereof.
(23) "Public waterbody" means a body of water
				that is accessible by the boating public, by either of the following:
(a) A boat ramp that has:
1. A sign stating that the location is a
				public boat ramp or use area,
2. At
				least one directional sign on the nearest paved roadway, indicating the way to
				the boat ramp,
3. Sufficient size
				and space to safely launch a boat from a vehicle and attached trailer,
				and
4. Ample parking space within
				0.25 miles of the boat ramp; or