68E-9.002. Definitions

(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. History–New 7-1-01.