Florida Regulations 5B-64.004: Criteria for Permit Issuance
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(1) Permit applications shall be evaluated and issued on the following criteria and standards:
(a) The ability of native aquatic vegetation in wild collection sites in sovereignty lands to maintain self-sustaining growth.
(b) No adverse impacts upon fish and wildlife resources including endangered species, threatened species, non-game species, species of special concern, and their habitat.
(c) No impairment of the public’s access to, or use of, the waterbody.
(d) No adverse cumulative impacts upon the natural resources or the environment of the state.
(2) No permit shall be issued which may result in the introduction or spread of any noxious aquatic plant species, any prohibited aquatic plant as listed in Fl. Admin. Code R. 5B-64.011, or any non-native aquatic plant into natural waters or any waters connected to natural waters.
(3) Permits for the transportation, non-nursery cultivation, collection, or possession of any prohibited aquatic plants listed in Fl. Admin. Code R. 5B-64.011, may only be issued to government agencies, research institutions, and wastewater treatment facilities approved by the Department of Environmental Protection. The applicant shall supply information regarding the species name, source, amounts of plant material, duration of research, quarantine facilities, and method of plant destruction and disposal upon the conclusion of the research. The department is authorized to grant a variance, by permit, when those special purpose activities would not promote the dissemination of prohibited aquatic plants, and when the activity would serve an educational, humane, or research purpose. Except for research purposes conducted under an approved permit, no plant on the prohibited plant list shall be imported into the state.
(4) Applicants for a permit to collect aquatic plants from a wild collection site in non-sovereignty lands must provide:
(a) Evidence of ownership of the proposed wild collection site or evidence that the landowner has provided the applicant with consent of use for the property.
(b) A description of the proposed wild collection site which shall state the location, the size of the proposed site and the dimensions or description of the boundaries. A diagram shall be included. Directions to the proposed wild collection site using county, state and U.S. highway names and route numbers shall be included.
(c) A plan which will provide reasonable assurance that the removal of aquatic plants from the wild collection site will not result in the dissemination of any noxious or prohibited aquatic plant species listed in Fl. Admin. Code R. 5B-64.011
(5) Applicants for a permit to collect aquatic plants for purposes other than research from a wild collection site in sovereignty lands must provide:
(a) A plan which will provide reasonable assurance that the removal of aquatic plants from the wild collection site in sovereignty lands will not result in the dissemination of any noxious plant, or any prohibited aquatic plant species listed in Fl. Admin. Code R. 5B-64.011
(b) A plan which will provide reasonable assurance of the continued maintenance of self sustaining native aquatic plant populations within the wild collection site in sovereignty lands.
(c) Directions to the proposed wild collection site in sovereignty lands using county, state and U.S. highway names and route numbers. A map shall be included.
(d) A description of the proposed wild collection site in sovereignty lands which shall state: the location of the proposed site; the size of the proposed site including boundary dimensions; the size and location of plant communities within the site; and legends that explain all symbols and patterns used. A map shall be included.
(6) Applications for aquatic plant permits shall be made on DACS form 50.002, (Application For The Importation, Transportation, Non-Nursery Cultivation, Possession and Collection of Aquatic Plants, effective date 6-13-93, which is hereby incorporated by reference and is available from the bureau).
Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.004, 62C-52.004.
Terms Used In Florida Regulations 5B-64.004
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) No adverse impacts upon fish and wildlife resources including endangered species, threatened species, non-game species, species of special concern, and their habitat.
(c) No impairment of the public’s access to, or use of, the waterbody.
(d) No adverse cumulative impacts upon the natural resources or the environment of the state.
(2) No permit shall be issued which may result in the introduction or spread of any noxious aquatic plant species, any prohibited aquatic plant as listed in Fl. Admin. Code R. 5B-64.011, or any non-native aquatic plant into natural waters or any waters connected to natural waters.
(3) Permits for the transportation, non-nursery cultivation, collection, or possession of any prohibited aquatic plants listed in Fl. Admin. Code R. 5B-64.011, may only be issued to government agencies, research institutions, and wastewater treatment facilities approved by the Department of Environmental Protection. The applicant shall supply information regarding the species name, source, amounts of plant material, duration of research, quarantine facilities, and method of plant destruction and disposal upon the conclusion of the research. The department is authorized to grant a variance, by permit, when those special purpose activities would not promote the dissemination of prohibited aquatic plants, and when the activity would serve an educational, humane, or research purpose. Except for research purposes conducted under an approved permit, no plant on the prohibited plant list shall be imported into the state.
(4) Applicants for a permit to collect aquatic plants from a wild collection site in non-sovereignty lands must provide:
(a) Evidence of ownership of the proposed wild collection site or evidence that the landowner has provided the applicant with consent of use for the property.
(b) A description of the proposed wild collection site which shall state the location, the size of the proposed site and the dimensions or description of the boundaries. A diagram shall be included. Directions to the proposed wild collection site using county, state and U.S. highway names and route numbers shall be included.
(c) A plan which will provide reasonable assurance that the removal of aquatic plants from the wild collection site will not result in the dissemination of any noxious or prohibited aquatic plant species listed in Fl. Admin. Code R. 5B-64.011
(5) Applicants for a permit to collect aquatic plants for purposes other than research from a wild collection site in sovereignty lands must provide:
(a) A plan which will provide reasonable assurance that the removal of aquatic plants from the wild collection site in sovereignty lands will not result in the dissemination of any noxious plant, or any prohibited aquatic plant species listed in Fl. Admin. Code R. 5B-64.011
(b) A plan which will provide reasonable assurance of the continued maintenance of self sustaining native aquatic plant populations within the wild collection site in sovereignty lands.
(c) Directions to the proposed wild collection site in sovereignty lands using county, state and U.S. highway names and route numbers. A map shall be included.
(d) A description of the proposed wild collection site in sovereignty lands which shall state: the location of the proposed site; the size of the proposed site including boundary dimensions; the size and location of plant communities within the site; and legends that explain all symbols and patterns used. A map shall be included.
(6) Applications for aquatic plant permits shall be made on DACS form 50.002, (Application For The Importation, Transportation, Non-Nursery Cultivation, Possession and Collection of Aquatic Plants, effective date 6-13-93, which is hereby incorporated by reference and is available from the bureau).
Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.004, 62C-52.004.