Delegation of Authority, Aquacultural Activities, Applications for Aquacultural Activities, Payments and Fees for Aquacultural Activities

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND

RULE NO: RULE TITLE
18-21.0051: Delegation of Authority
18-21.020: Aquacultural Activities
18-21.021: Applications for Aquacultural Activities
18-21.022: Payments and Fees for Aquacultural Activities

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 12, March 27, 2009 issue of the Florida Administrative Weekly.

18-21.001 through 18-21.0051(2) No change.

18-21.0051(3) The Commissioner of Agriculture is delegated the authority to review and take final agency action on behalf of the Board on applications to use sovereignty Board-owned submerged lands and water columns for any activity for which the Department of Agriculture and Consumer Services has responsibility pursuant to sections 253.67-253.75, F.S., and Section 597.010, F.S., except the Board shall retain authority to grant the following:

(a) through (b) No change.

18-21.0051(4) through 18-21.011 No change.

18-21.020(1) through (2) No change.

18-21.020(3)(a) through (b) No change.

18-21.020(3)(c) Aquacultural activities shall not prevent ingress and egress of vessels in marked channels, or in unmarked channels. that provide the only means of passage.

18-21.020(3)(d) through 18-21.020(3)(n) No change.

18-21.020(3)(o) Applications for aquaculture docks shall include a description of proposed aquacultural activities and activity-specific structures to be placed on the dock. Structures must be directly related to specific aquaculture activities and shall be limited to roofs and shade cloth to protect culture systems from sunlight and other adverse climatic conditions and depredation; chain link and similar fences to prevent depredation, prevent public access, and provide security and safety; raceways and culture systems that contain animals during hatchery and nursery operations. Solid enclosures of any kind are prohibited.

18-21.020(4) through (5) No change.

18-21.020(6)(a) through (g) No change.

18-21.020(6)(h) Aquaculture management agreements must be approved by the Board and shall be approved when the application conforms to the standards and criteria provided in subsections 18-21.020(3), and paragraphs 18-21.020(6)(a)-(g), F.A.C.

18-21.020(7) through (8) No change.

18-21.021(1)(a) through (e) No change.

18-21.021(1)(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 seek separate authorization from the Board of Trustees through the Department of Environmental Protection pursuant to Chapter 18-21 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 subsection 18-21.005(1)(d), F.A.C., for a commercial dock lease.

18-21.021(1)(g) through (n) No change.

18-21.021(1)(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. A copy of the notice shall be sent to the county commission, and the municipal government if applicable, by certified mail prior to the appearance of the first newspaper notice. Such notice shall be made on the Notice of Aquaculture Lease Application (DACS 15118, Rev. 02/09) which is hereby adopted and incorporated by reference and may be obtained on the Internet at http://www.floridaaquaculture.com or by writing to the Division of Aquaculture at 1203 Governor’s Square Boulevard, Fifth Floor, Tallahassee, Florida 32301. 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.

18-21.021(1)(p) through (s) No change.

18-21.021(2)(a) through (b) No change.

18-21.021(2)(c) Violation Failure to perform the aquaculture activities for which the aquaculture lease was granted or to comply with the terms and conditions of the lease agreement shall be grounds for enforcement revocation of the lease, a requirement for corrective action, or by DACS or the Board, in accordance with Section 253.04, F.S., Chapter 18-14, paragraph 18-21.008(1)(b) and Chapter 5L-3, F.A.C., and the terms of the lease agreement. DACS shall notify the Department of Environmental Protection and the applicable water management district of any revocation, corrective action or enforcement related to a change in use which is not authorized in the lease agreement. Revocation of the lease may result in forfeiture to the State of Florida of all works, improvements, and aquaculture products in and upon the parcel leased. Failure of the lessee to pay rental fees pursuant to Section 253.71(2)(b), F.S., or perform effective cultivation pursuant to Section 253.71(4), F.S., shall constitute grounds for cancellation of the lease and forfeiture to the state of all works, improvements, and animal and plant life in and upon the leased land and water column.

18-21.021(3)(a) through (3)(b) No change.

18-21.022(3)(c) Application for Sovereignty Submerged Land Aquaculture Letter of Consent (DACS 15138, Rev. 06/09 02/09), which is hereby adopted and incorporated by reference, shall be submitted to the Division of Aquaculture at the address listed in subsection 18-21.021(7), F.A.C. The application may be obtained on the Internet at http://www.floridaaquaculture.com or by writing to the Division of Aquaculture at 1203 Governor’s Square Boulevard, Fifth Floor, Tallahassee, Florida 32301.

18-21.021(4) through (7) No change.

18-21.022(1) The application fee for an aquaculture lease is $200.00, and is non-refundable.

18-21.022(2) through (8) No change.

18-21.900(1) through (3) No change.

Rulemaking Authority 253.03(7), 253.73, FS Law Implemented 253.03, 253.03(11), 253.77, 597.010, FS History–New 10-15-98, Amended 12-11-01,________.