Fla. Admin. Code Ann. R. 68E-9.004 - Program Criteria for Allocating Funds

The following criteria establish minimum standards for the funding of artificial reef development and monitoring projects.

(1) Project Activity Eligibility. The following activities are eligible for funding under the program: engineering activities, transportation of artificial reef material, cost of project advertising, purchase or construction prefabricated modules, materials preparation, monitoring or evaluation of artificial reefs, development or updating of local, regional or state artificial reef plans, and associated studies or research needed to gather and analyze data necessary for the development or revision of such plans or to improve artificial reef management processes in Florida.

(a) Engineering activities. No more than $5, 000 or 10% (whichever is less) of project funds granted under the program may be expended for engineering services. Any funds required in excess of this amount must be provided by the applicant. For purposes of this program, engineering activities may include but need not be limited to the following:

1. Post deployment mapping of the orientation and position of the reef materials in relation to each other,

2. Observation of deployment operations including observation vessel charter, camera film and film development, video and video media, and duplication,

3. Material stability analysis; and,

4. When necessary to assure accurate placement of material, costs of anchors, chain, shackles, temporary buoys, line, etc.

(b) Transportation of artificial reef materials, for purposes of this program includes:

1. Transportation of artificial reef construction material to a staging area,

2. Water transportation of material from the staging area to the artificial reef site; and,

3. Rental of cranes, forklifts, or other equipment for handling material at construction, staging and artificial reef sites.

(c) Costs of advertising includes costs associated with all forms of publicity to announce bid specifications and secure vendors;

(d) Cost of purchasing natural rock and prefabricated modules which may include design and construction of the latter material;

(e) Reef material preparation costs include cleaning and any necessary inspections or laboratory analyses requiring special expertise to identify and insure removal of polluting material any necessary welding, cutting, or other modifications necessary to insure human and environmental safety; or, to enhance the habitat quality of the material;

(f) Physical monitoring, mapping, and evaluation of artificial reefs to determine the relative merit of the material and the stability and durability of the artificial reef; biological monitoring to describe the reef community and track reef community trends; evaluations to compare two or more reefs for purposes of comparing reef biological or physical characteristics;

(g) Establishment or updating of comprehensive local government, regional, or state artificial reef management plans to guide local reef development activities; and,

(h) Associated applied research, planning, economic, user, or harvest studies needed to provide documentation for the management direction to be provided in local, regional or state artificial reef plans.

(2) Reef Construction Project Eligibility. Only those artificial reef construction projects which are proposed for placement on permitted sites with permits, valid throughout the project period, designed to be in compliance with all permit terms and conditions, and whose primary objectives for development are included in the definition of an artificial reef (subsection 68E-9.002(2), F.A.C.) shall be eligible for program funding. Proposed project activities must be consistent with adopted local, state, and national artificial reef plans, and other applicable local, state and federal regulations and fishery management plans. Although a variety of coastal structures are recognized to create hard bottom habitat, projects not eligible for program funding are those whose primary objective is:

(a) Shoreline or inlet stabilization, bridge, pier, jetty or dock construction;

(b) Wave or current attenuation (breakwaters);

(c) Solid waste or dredge spoil disposal;

(d) Mitigation for damaged or destroyed habitat resulting from a specific human activity for which another party is liable;

(e) Placement of artificial reef material for the purpose of subsequently removing the material and/or its associated reef community as part of an aquaculture project; and,

(f) To serve as an underwater art form, novelty or entertainment/media event.

(3) Acceptable artificial reef construction locations. Only construction projects with locations that meet all of the following criteria will be considered qualified for program funding. The proposed reef location must:

(a) Be at least 150 feet from the boundary of the permitted site to provide a buffer area if some movement of materials occurs, or if problems with placement precision arise;

(b) Be no closer than 150 feet from submerged aquatic vegetation, live bottom, coral and other natural reef structures; and,

(c) Be on substrate firm enough to support the artificial reef materials proposed for deployment so that loss of reef function through subsidence will be minimized. Documentation of substrate compatibility shall include, at a minimum, identification of the specific substrate type.

(4) Artificial reef construction materials eligible for program funding. All program funded projects must demonstrate either through prior documented observation and/or based upon an engineering assessment acceptable to the Division, projected durability and stability in a twenty (20) year return interval storm event at the depth placed. Under these conditions the permitted reef should not move off the permitted site or substantially break up with resultant loss of habitat value. Funded artificial reefs are expected to serve as an effective artificial reef for a minimum of twenty (20) years. No artificial reef structures will be funded that consist of low density long-lived component parts that may disassociate and become prone to movement as the reef breaks down over time. Artificial reef materials must not cause pollution. The materials that will be funded in Commission artificial reef projects include clean concrete or rock, clean steel boat hulls, other clean, heavy gauge steel products with a thickness of 1/4 inch or greater, and prefabricated structures that are concrete or a mixture of clean concrete and heavy gauge steel.

Notes

Fla. Admin. Code Ann. R. 68E-9.004

Rulemaking Authority Article IV, Section 9, Fla. Const., 379.249(2), (4) FS. Law Implemented Article IV, Section 9, Florida Constitution, 379.249 FS.

New 7-1-01.

New 7-1-01.