Effective date: 11/20/2018
(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) “Aquatic plant management” means an activity designed to control the growth of aquatic plants so as to protect human health, safety and recreation and, to the greatest degree practicable, to prevent injury to non-target plants, animal life, and property.
(3) “Artificial waters” means those surface waters created through excavation by humans.
(4) “Beneficial aquatic plants” means indigenous aquatic plant species that provide fish and wildlife habitat, water quality protection, and shoreline stabilization.
(5) “Boatable connection” means a connection between two waterbodies that is of sufficient depth and width, at normal water levels, that a subsurface propeller-driven boat can navigate bwtween the waterbodies.
(6) “Class I — Potable Water Supplies” means surface waters designated for human consumption as defined by the Department of Environmental Protection, pursuant to rule 62-302.400, F.A.C., and all derivaties of this classification.
(7) “Class II — Shellfish Propagation or Harvesting” means surface waters where shellfish are grown or harvested for human consumption as defined by the Department of Environmental Protection, pursuant to rule 62-302.400, F.A.C.
(8) “Collection” means the removal or gathering of any aquatic plant, including any part or seed thereof, from the place in which it is growing in the natural environment.
(9) “Commission” means the Florida Fish and Wildlife Conservation Commission.
(10) “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 an 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.
(11) “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.
(12) “Direct connection,” or any derivative thereof, means when conditions exist where interchange of water between waterbodies can occur at the time of aquatic plant control activities.
(13) “Ditchbank species” means those plants usually growing not directly in water but near water’s edge at normal water level.
(14) “Eradication program” means a method for the control of non-indigenous aquatic plants in which control techniques are utilized in a coordinated manner in an attempt to kill all the target aquatic plants on a permanent basis in a given geographical area.
(15) “Herbicide” means any chemical product used to chemically control or regulate aquatic plant growth.
(16) “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.
(17) “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.
(18) “Natural waters” means those surface waters created through geological and biological processes whether or not subsequently modified by man.
(19) “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.
(20) “Outstanding Florida Waters” means waters designated by the Environmental Regulation Commission as worthy of special protection because of their natural attributes as listed in rule 62-302.700, F.A.C.
(21) “Permit” means a license issued by the Commission, pursuant to this chapter.
(22) “Person” or “persons” means any individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and any other groups or combinations thereof.
(23) “Public waterbody” means a body of water that is accessible by the boating public, by either of the following:
(a) A boat ramp that has:
1. A sign stating that the location is a public boat ramp or use area,
2. At least one directional sign on the nearest paved roadway, indicating the way to the boat ramp,
3. Sufficient size and space to safely launch a boat from a vehicle and attached trailer, and
4. Ample parking space within 0.25 miles of the boat ramp; or
(b) Waters that themselves have a boatable connection to another public waterbody.
(24) “Regional biologist” means a biologist employed by the section who is located in a region of the state designated by the section, and whose duties are to carry out the responsibilities of the section within the region as assigned.
(25) “Riparian owner” means a person who possesses fee title to property that extends to the ordinary high water mark of natural waters, or to the bottom of natural waters.
(26) “Section” means the Invasive Plant Management Section, an administrative subdivision of the Florida Fish and Wildlife Conservation Commission.
(27) “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.
(28) “Waters of Special Concern” means Class I and II waters, Outstanding Florida Waters, and manatee agregation sites.
Rulemaking Authority 369.20, 369.22 FS. Implements Florida Statutes § 369.20, 369.22, 403.088. History—New 2-9-82, Amended 7-9-85, Formerly 16C-20.015, 16C-20.0015, Amended 5-3-95, Formerly 62C-20.0015, Amended 11-20-18.