Fla. Admin. Code R. 62-330.603

Current through Reg. 50, No. 244; December 17, 2024

Section 62-330.603 - General Permit for Seagrass Restoration

(1) A general permit is hereby provided for the planting, restoration, and enhancement of native Florida seagrass within estuaries, lagoons, or other tidal waters, subject to the following:

(a) The project shall be solely for restoration purposes and not be considered as mitigation to offset impacts for any other project or be associated with mitigation banking;

(b) The work shall be conducted or directly supervised by persons having expertise designing and implementing seagrass restoration activities; this can be demonstrated by submittal of prior seagrass restoration or seagrass mitigation projects and the associated monitoring reports that demonstrated success;

(c) Restoration sites should have historic evidence of seagrass coverage or evidence of suitable site conditions to allow seagrasses to grow;

(d) Plantings shall consist of the following native marine seagrass species originating from Florida waters: Halophila engelmannii, Halophila decipiens, Halodule wrightii, Syringodium filiforme, Thalassia testudinum, or Ruppia maritima;

(e) Plants shall be acquired from a certified aquaculture facility that holds a valid aquaculture certificate of registration issued pursuant to Section 597.004, F.S. and Chapter 5L-3, F.A.C.;

(f) Regrading or recontouring of the seafloor prior to planting is not authorized under this general permit;

(g) The usage of herbivory exclusion devices, such as fencing or cages, to prevent marine animals from accessing the newly planted seagrass is not authorized under this general permit;

(h) Use of bird stakes may be temporarily placed within the restoration area to promote seagrass growth in settings where, based on best available scientific information, the Agency determines that phosphorus is a limiting nutrient for seagrass growth. Bird stakes, if used, shall be installed no closer than six feet apart and shall be removed within 18 months of initial placement; and

(i) The restoration site will not exceed 20 acres.

(2) The notice required in Rule 62-330.402, F.A.C., shall include documentation, statements, or demonstrations that the above limitations will be met, together with the following:

(a) Documentation that the person using this general permit has authorization from the owner(s) of the submerged lands, if other than the State of Florida, to conduct the proposed activities;

(b) Documentation satisfying the requirements of 1(b) above;

(c) Planting methodology (techniques, planting schedule, location of planting units);

(d) Pre-planting existing conditions report, which includes;

1. Location map of the proposed restoration site, including GPS coordinates;

2. Dimensions of the restoration site;

3. Location of any existing benthic communities located on the site or within 50 feet of the site; and

4. Bathymetry of area to be planted.

(e) A list of the species of seagrass proposed to be planted;

(f) Proposed Monitoring and reporting plan; and

(g) Location of any proposed bird stakes.

(3) All work under this general permit shall be conducted in conformance with the following specific conditions:

(a) Must be conducted in a manner that will not adversely affect the value of functions provided to fish and wildlife by seagrass;

(b) Restoration plantings shall occur during the typical seagrass growing season for the permitted site;

(c) Subsequent plantings may occur if necessary to increase the chances of a successful restoration site; however, all plantings need to occur within five years of permit issuance;

(d) Seagrass restoration under this general permit will not be constructed within:

1. 150 feet from the outside edge of any designated channel marked in accordance with Section 327.40, F.S. or any federally maintained channel without written approval from the entity responsible for channel maintenance;

2. Any channel traditionally used for navigation;

3. 150 feet of any dock or overwater structure, unless the property owner is the applicant or co-applicant for this general permit; and

4. Any previously permitted mitigation area.

(e) All information pertinent to the restoration project allocated by this general permit shall be maintained for the duration of the project and made available to the Department for recordkeeping purposes.

(4) All monitoring reports required under this General Permit shall be submitted to the Department within 60 days and include the following information:

(a) Survey date(s) and time;

(b) Name of individuals conducting the survey;

(c) Location maps of the proposed restoration site, including GPS coordinates;

(d) On-site conditions, including weather; water visibility; and tidal range (flood or ebb);

(5) The Initial Monitoring Report shall be conducted within 30 days of completion of planting at the site and shall include the information listed in (4)(a) through (d) above as well as the following information:

(a) Date of the planting(s);

(b) A list of the species of seagrass planted;

(c) Planting installation technique/methodology;

(d) Total number of seagrass units planted;

(e) As-built maps documenting the area where seagrass planting units were installed;

(f) Color photographs that provide an accurate representation of the planted sites, including GPS locations. The photographs shall be numbered and correspond to their respective locations, shown on an associated map;

(g) Survival rate (presence or absence of planted units);

(h) Location of any bird stakes (if installed); and

(i) Any other useful information that indicate the possibility of disturbances to the seagrass planting units such as, but not limited to, fishery and wildlife resource observations; significant nearby features; or site disturbances.

(6) The second monitoring report shall be conducted within 180 days after the date of the initial planting, and shall include the information listed in (4)(a) through (d) above as well as the following information:

(a) Color photos taken from the same photo stations identified in the initial monitoring event to provide an accurate representation of the planted sites;

(b) Estimate of percent cover, (species present/absent, and extent of growth, no growth, or a loss in seagrass coverage);

(c) Location of bird stakes (if installed or moved since last monitoring report);

(d) Information on any subsequent plantings that have occurred since the last monitoring report including a mapped location, species and number of units planted, planting technique/methodology, and date of planting; and

(e) Other useful information, which may include fishery and wildlife resource observations, significant nearby features, site disturbance, etc.

(7) Annual monitoring reports shall be conducted for three years, beginning one year from the date of the initial planting, and shall include the information listed in (4)(a) through (d) above as well as the following information:

(a) Color photos taken from the same photo stations identified in the initial monitoring event to provide an accurate representation of the planted sites;

(b) Quantitative documentation of percentage of seagrass coverage;

(c) Documentation shall include both the calculations and the calculation technique used to measure percent seagrass coverage and density;

(d) Location of bird stakes (if installed or moved since last monitoring report);

(e) Information on any subsequent plantings that have occurred since the last monitoring report including a mapped location, species and number of units planted, planting technique/methodology, and date of planting; and

(f) Other useful information, which may include fishery and wildlife resource observations, significant nearby features, site disturbance, etc.

(8) Restoration sites shall be monitored annually pursuant to paragraph (7) listed above, unless the monitoring reports indicate the failure of the plantings, and the permittee requests the ceasing of all future monitoring.

Fla. Admin. Code Ann. R. 62-330.603

Rulemaking Authority 373.026(7), 373.043, 373.044, 373.118, 373.4131, 373.4145, 373.418, 403.805(1), 403.814 FS. Law Implemented 373.026, 373.118(1), 373.136, 373.406(5), 373.413, 373.4131, 373.414(9), 373.418, 403.814(1) FS.

Adopted by Florida Register Volume 50, Number 187, September 24, 2024 effective 10/7/2024.