68F-20.0045. Criteria for Issuing, Modifying or Denying Permit Applications

(1) The Commission recognizes the varied human and environmental concerns for Florida’s waters. Aquatic plant control permits shall be issued to allow persons reasonable access to, and use of, these waters while maintaining sufficient native vegetation to provide for environmental concerns such as the impact upon fish, wildlife, water quality, and shoreline stabilization. Native aquatic plant species in natural waters will not be considered for control unless the native species alone, or when intermingled with nonindigenous species, have become noxious.

(2) In determining whether a permit shall be issued for aquatic plant management purposes, the Commission shall consider the following criteria:

(a) The noxious aquatic plant species present and the potential of the target plants to create adverse effects.

(b) The amount and quality of the aquatic plants within the waterbody and the proposed management site, and their importance to biological communities that are utilizing them.

(c) The positive or adverse impacts of the aquatic plant management activities on public interest considerations such as:

1. Health and safety of the public.

2. Navigation.

3. General public’s access to, or use of, the waterbody.

4. Riparian property owners’ access to, or use of, the waterbody.

5. Swimming, fishing or other recreational activities.

6. Water flow or the potential for flooding.

(d) The positive or adverse impacts of the aquatic plant management activities on fish and wildlife considerations such as:

1. Endangered or threatened species, species of special concern, or their prey species and habitat.

2. The potential of the management activities to improve habitat for the production of fish and wildlife, including non-game species.

3. The potential of the plant management activities to increase or improve native aquatic plant species diversity.

(e) The positive or adverse impacts of the proposed aquatic plant management activities on water quality considerations such as:

1. Plant coverage which protects or improves water quality.

2. Plant coverage which prevents or reduces shoreline erosion and runoff.

3. Nutrient levels, dissolved oxygen levels, deposition of organic matter, herbicide residues or other impacts on water quality outside of the control area designated by the Commission.

(f) The protection of the receiving waterbodies consistent with the classes of surface waters established pursuant to chapter 62-302, F.A.C.

(g) The potential of the proposed activity to spread noxious aquatic plants, or to promote the survival and growth of native aquatic plants.

(h) Whether a conservation easement has been established that prohibits the alternation of removal of vegation in the area proposed for aquatic plant control.

(3) The Commission will not issue more than one permit for the same activity at the same site, at the same time, in the behalf of a riparian owner.

(4) The removal, cutting, collecting, or altering in any way of mangroves, mangrove seeds (fruits) or propagules, or plants restricted by rule 68B-42.001, F.A.C., are not regulated by this chapter and, therefore, shall not be permitted pursuant to chapter 68F-20, F.A.C.

(5) If after review of a complete application the Commission determines that the proposed activity does not conform to the criteria as established in rule 68F-20.0045, F.A.C., the Commission shall deny the permit.

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 369.20, 369.22, 403.088 FS. History–New 2-9-82, Formerly 16C-20.045, 16C-20.0045, Amended 5-3-95, Formerly 62C-20.0045, Amended 11-20-18.