Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68F - Aquatic Plants › Chapter 68F-54 - FUNDING FOR AQUATIC PLANT MANAGEMENT › Section 68F-54.003 - 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) "Budget" means
				the detailed anticipated expenditures including anticipated federal, state or
				local funds which are within the categories designated eligible by this chapter
				for the fiscal year for which funding is being allocated.
(3) "Commission" means the Florida Fish and
				Wildlife Conservation Commission.
(4) "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 a 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.
(5) "Contract" means a
				written agreement which outlines the obligations of the Commission and the
				contractor and constitutes an aquatic plant control permit under subsection
				68F-20.002(8),
				F.A.C.
(6) "Contractor" means any
				government agency or private sector company with which the Commission has
				entered into a contractual agreement to reimburse eligible costs associated
				with managing aquatic plants.
(7)
				"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.
(8) "Corps" means the United States Army
				Corps of Engineers, an administrative subdivision of the United States
				Government.
(9) "Ditchbank species"
				means those plants usually growing not directly in water but near water's edge
				at normal water level.
(10)
				"Eligible costs" means costs identified by the contract as being
				reimbursable.
(11) "Federal funds"
				means those aquatic plant management funds provided by the Corps.
(12) "Fiscal year" means the state fiscal
				year, July 1 through June 30.
(13)
				"Herbicide" means any chemical product used to chemically control or regulate
				aquatic plant growth.
(14) "Local
				government" means a county or municipal government.
(15) "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.
(16) "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.
(17) "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.
(18) "Section" means the Invasive Plant
				Management Section, an administrative subdivision of the Florida Fish and
				Wildlife Conservation Commission.
(19) "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.
(20) "State funds" means those aquatic plant
				management funds provided by Legislative appropriation.
(21) "Task assignment" means an executed
				agreement between the Commission and the contractor that authorizes all of the
				workplans and an approved budget for the contractor's area of operations for a
				given fiscal year.
(22) "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.
(23)
				"Workplan" means an outline of the anticipated aquatic plant management
				operations to be conducted on a given waterbody for a given fiscal
				year.
Rulemaking Authority
					 369.20,
					 369.22 FS. Law Implemented
					 369.20,
					 369.22
					 FS.
New 1-7-87, Amended 5-30-93, Formerly 16C-54.003,
					 62C-54.003, Amended
					 10-9-12.