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AGENDA
BOARD OF TRUSTEES DEPARTMENT OF AGRICULTURE & CONSUMER
SERVICES
MAY 13, 2003 ****************************************************** Item
1
Minutes Submittal
of the Minutes from the August 13, 2002 and September 10, 2002 Cabinet
Meetings. (See
Attachment 1, Pages 1-5) RECOMMEND
APPROVAL ****************************************************** Item
2
George Musil, Jr. Aquaculture Lease REQUEST:
Consideration of authorization to issue a ten-year sovereignty
submerged land aquaculture lease of approximately 1.0 acres, more or less,
and the overlying water column. COUNTY:
Monroe
Application No. 44-AQ-999 APPLICANT:
George Musil, Jr. LOCATION:
The requested parcel is located approximately 2.4 miles south of
Upper Matecumbe Key in the Atlantic Ocean, within the local jurisdiction
of Monroe County, at the following coordinates: 24o51.059'N / 81o38.467'W
(center point in latitude and longitude; decimal
minutes). CONSIDERATION:
$41.90 annually, representing (1) an initial lease fee of $31.90,
at a rate of $31.90 per acre or fraction thereof, including the water
column; and (2) an annual surcharge of $10.00, representing $10.00 per
acre or fraction thereof, for deposit in the General Inspection Trust Fund
pursuant to section 597.010, Florida Statutes (F.S.). Commencing January 1, 2005, the
lease fees shall be adjusted every five years, based upon the five-year
average change in the Consumer Price Index. STAFF
REMARKS: The applicant is
requesting approval of a commercial aquaculture lease to cultivate and
harvest live rock within a parcel of sovereignty submerged land in the
Atlantic Ocean. The requested
parcel includes 1.0 acres of state-owned land in 17-18 feet of water. The area covers a circle with a
117 feet radius containing coarse sand and shell fragments overlying a
lime rock substrate. The
proposed project involves the placement of approximately 12-25 tons of
quarried-limestone per year on the seafloor. Limestone will act as substrate to
attract larval marine organisms to colonize the rock and mimic natural
reef communities. Once a
desired growth stage has been achieved, the applicant will harvest the
rocks with attached marine life and sell them in the marine life aquarium
trade. The culture of
sedentary marine life, referred to as "live rock", has become an integral
part of the marine life aquarium trade, since federal and state
regulations were enacted to prohibit the harvest of natural live rock
communities. Section
253.68(2)(b), F.S., provides that "it shall be the policy of the state to
foster aquaculture development when the aquaculture activity is consistent
with state resource management goals, environmental protection,
proprietary interests, and the state aquaculture plan." Additionally, section 253.68,
F.S., provides that the Board of Trustees may lease submerged lands to
which it has title for the conduct of aquaculture activities and grant
exclusive use of the bottom and the water column for commercial
purposes. The
application was noticed pursuant to section 253.70, F.S. No objections were filed for the
application.
Board of
Trustees Dept. of
Agriculture & Consumer Services Agenda -
May 13, 2003 Page
Two ****************************************************** Item 2,
cont. A
consideration of the status of any local government comprehensive plan was
not made for this item. The
Department of Agriculture and Consumer Services has determined that the
proposed action is not subject to the local government planning
process. (See
Attachment 2, Pages 1-25) RECOMMEND
APPROVAL SUBJECT TO
SPECIAL LEASE CONDITIONS ******************************************************* Item
3
James Reuter Aquaculture Lease REQUEST:
Consideration of authorization to issue a ten-year sovereignty
submerged land aquaculture lease of approximately 1.0 acres, more or less,
and the overlying water column. COUNTY:
Monroe
Application No. 44-AQ-1000 APPLICANT: James
Reuter LOCATION:
The requested parcel is located approximately one mile south of
Teatable Key in the Atlantic Ocean, within the local jurisdiction of
Monroe County, at the following coordinates: 24o52.606'N / 80o38.931'W
(center point in latitude and longitude; decimal
minutes). CONSIDERATION:
$41.90 annually, representing (1) an initial lease fee of $31.90,
at a rate of $31.90 per acre or fraction thereof, including the water
column; and (2) an annual surcharge of $10.00, representing $10.00 per
acre or fraction thereof, for deposit in the General Inspection Trust Fund
pursuant to section 597.010, Florida Statutes (F.S.). Commencing January 1, 2005, the
lease fees shall be adjusted every five years, based upon the five-year
average change in the Consumer Price Index. STAFF
REMARKS: The applicant is
requesting approval of a commercial aquaculture lease to cultivate and
harvest live rock within a parcel of sovereignty submerged land in the
Atlantic Ocean. The requested
parcel includes 1.0 acres of state-owned land in 13-14 feet of water. The area covers a circle with a
117 feet radius containing coarse sand and shell fragments overlying a
lime rock substrate. The
proposed project involves the placement of approximately 12-25 tons of
quarried-limestone per year on the seafloor. Limestone will act as substrate to
attract larval marine organisms to colonize the rock and mimic natural
reef communities. Once a
desired growth stage has been achieved, the applicant will harvest the
rocks with attached marine life and sell them in the marine life aquarium
trade. The culture of
sedentary marine life, referred to as "live rock", has become an integral
part of the marine life aquarium trade, since federal and state
regulations were enacted to prohibit the harvest of natural live rock
communities. Section
253.68(2)(b), F.S., provides that "it shall be the policy of the state to
foster aquaculture development when the aquaculture activity is consistent
with state resource management goals, environmental protection,
proprietary interests, and the state aquaculture plan." Additionally, section 253.68,
F.S., provides that the Board of Trustees may lease submerged lands to
which it has title for the conduct of aquaculture activities and grant
exclusive use of the bottom and the water column for commercial
purposes. The
application was noticed pursuant to section 253.70, F.S. No objections were filed for the
application. Board of
Trustees Dept. of
Agriculture & Consumer Services Agenda -
May 13, 2003 Page
Three ******************************************************* Item 3,
cont. A
consideration of the status of any local government comprehensive plan was
not made for this item. The
Department of Agriculture and Consumer Services has determined that the
proposed action is not subject to the local government planning
process. (See
Attachment 3, Pages 1-25) RECOMMEND
APPROVAL SUBJECT TO
SPECIAL LEASE CONDITIONS ******************************************************* Item
4
Scott A. Bielecky Aquaculture Lease REQUEST:
Consideration of authorization to issue a ten-year sovereignty
submerged land aquaculture lease of approximately 1.0 acres, more or less,
and the overlying water column. COUNTY:
Palm Beach APPLICANT:
Scott A. Bielecky
Application No.
50-AQ-904 LOCATION:
The requested parcel is located approximately one mile east of Palm
Beach in the Atlantic Ocean, within the local jurisdiction of Palm Beach
County, at the following coordinates: 26o36.550'N / 80o01.350'W (center
point in latitude and longitude; decimal
minutes). CONSIDERATION:
$41.90 annually, representing (1) an initial lease fee of $31.90,
at a rate of $31.90 per acre or fraction thereof, including the water
column; and (2) an annual surcharge of $10.00, representing $10.00 per
acre or fraction thereof, for deposit in the General Inspection Trust Fund
pursuant to section 597.010, Florida Statutes (F.S.). Commencing January 1, 2005, the
lease fees shall be adjusted every five years, based upon the five-year
average change in the Consumer Price Index. STAFF
REMARKS: The applicant is
requesting approval of a commercial aquaculture lease to cultivate and
harvest live rock within a parcel of sovereign submerged land in the
Atlantic Ocean. The requested
parcel includes 1.0 acres of state-owned land in 70-75 feet of water. The area covers a square with
boundaries about 200 feet by 200 feet containing coarse sand and shell
fragments overlying a lime rock substrate. The
proposed project involves the placement of approximately 500-1000 pounds
of quarried-Bahamian fossil coral per year on the seafloor. Fossil coral will act as substrate
to attract larval marine organisms to colonize the rock and mimic natural
reef communities. Once a
desired growth stage has been achieved, the applicant will harvest the
rocks with attached marine life and sell them in the tropical marine
aquarium trade. The culture
of sedentary marine life, referred to as "live rock", has become an
integral part of the marine life aquarium trade, since federal and state
regulations were enacted to prohibit the harvest of natural live rock
communities. Section
253.68(2)(b), F.S., provides that "it shall be the policy of the state to
foster aquaculture development when the aquaculture activity is consistent
with state resource management goals, environmental protection,
proprietary interests, and the state aquaculture plan." Additionally, section 253.68,
F.S., provides that the Board of Trustees may lease submerged lands to
which it has title for the conduct of aquaculture activities and grant
exclusive use of the bottom and the water column for commercial
purposes. The
application was noticed pursuant to section 253.70, F.S. No objections were filed for the
application.
Board of
Trustees Dept. of
Agriculture & Consumer Services Agenda -
May 13, 2003 Page
Four ******************************************************** Item 4,
cont. A
consideration of the status of any local government comprehensive plan was
not made for this item. The
Department of Agriculture and Consumer Services has determined that the
proposed action is not subject to the local government planning
process. (See
Attachment 4, Pages 1-22) RECOMMEND
APPROVAL SUBJECT TO
SPECIAL LEASE CONDITIONS ******************************************************** Item
5
Pelican Reef High-density Lease Area Expansion/Aquaculture Lease
Agreement/Modifications REQUEST:
Approval to 1) expand the Pelican Reef High-density Lease Area; 2)
relocate aquaculture lease parcels from the Big Reef High-density Lease
Area to the proposed expansion area; 3) modify ten existing aquaculture
lease agreements; 4) issue one new lease agreement; and 5) cancel all
authorizations to use parcels in the Big Reef High-density Lease
Area. COUNTY:
Levy APPLICANTS: No.
38-AQ-075, Jerald W. Beckham, Sr.; No. 38-AQ-077, Richard F. Cooke; No.
38-AQ-086, Gerald S. Allen; No. 38-AQ-088, Charles J. Beckham; No.
38-AQ-089, Randy D. Beckham; No. 38-AQ-090, Ronald K. Beckham; No.
38-AQ-109, Kenneth F. Toombs; No. 38-AQ-112, Jerald W. Beckham, Jr.; No.
38-AQ-903, John F. Schleede; No. 38-AQ-991, Danny A. Beckham; and No.
38-AQ-1004, Eric Daviduk. LOCATION: A
tract of sovereignty submerged land in Township 15 South and Range 12
East, in the vicinity of Cedar Key, in Levy County,
Florida. CONSIDERATION:
The lease fees for the proposed leases within the Pelican Reef
High-density Lease Area represent (1) a base annual rental fee of $15.95
per acre or fraction thereof; and (2) an annual surcharge of $10.00,
representing $10.00 per acre or fraction thereof, for deposit in the
General Inspection Trust Fund pursuant to section 597.010, F.S. Commencing January 1, 2005, the
lease fees shall be adjusted every five years, based upon the five-year
average change in the Consumer Price Index. STAFF
REMARKS: The applicants
request consideration by the Board of Trustees to authorize approximately
25 acres of sovereignty submerged lands for aquacultural use. The proposed acreage is adjacent
to the Pelican Reef High-density Lease Area (Pelican Reef), and the new
site is referred to as the Pelican Reef Extension Area. The Board of Trustees previously
authorized expanding existing high-density lease areas in order to
exchange non-productive parcels for more favorable parcels; similar
actions authorized extensions of the Pine Island High-density Lease Area
and the Sandfly Key High-density Lease Area in Charlotte and Lee
Counties. Ten of the 11
applicants are leaseholders who possess parcels in the Big Reef
High-density Lease Area (Big Reef), and one applicant was in the process
of applying for a vacant parcel in the Big Reef . The requested modification
involves exchanging parcels in the Big Reef for new parcels to be located
in the proposed extension of the Pelican
Reef. The
Division of Aquaculture has determined that relocating existing lease
parcels from the Big Reef to an expanded area along the western boundary
of the Pelican Reef will provide growers with superior conditions for
growing hard clams. In its
continuing effort to support the development of aquaculture, the
Department of Agriculture and Consumer Services (DACS) recommends
relocating 11 two-acre lease parcels from the Big Reef to a proposed
expansion of Board of
Trustees Dept. of
Agriculture & Consumer Services Agenda -
May 13, 2003 Page
Five ******************************************************* Item 5,
cont. the
Pelican Reef. The recommended
action includes expanding the Pelican Reef to include about 25 additional
acres; relocating 11 two-acre parcels; modifying the legal description in
each affected lease agreement; and terminating the use of all parcels in
the Big Reef. This action
requires only technical modifications that will not affect the terms,
conditions, or fees in current lease agreements. The request does not seek to use
more acreage than was originally authorized; the total amount of acreage
will remain the same after the new parcels have been added and the old
parcels have been eliminated. If the
request to relocate the leases is approved by the Board of Trustees,
another public meeting will be held to assist the affected leaseholders in
selecting new lease parcels, completing the lease amendment forms,
obtaining the surveys, and establishing a schedule for vacating the old
lease parcels. It is
anticipated that leaseholders will have six months to harvest any
remaining stocks from their existing (old) leases, but most affected
leaseholders have indicated that they do not have any marketable products
on these parcels. After this
time, these leases will be terminated, markers will be removed, and the
area will return to its natural condition. This
request to relocate affected lease parcels provides a responsive and
responsible mechanism to assist the shellfish growers in Levy County. Until now, many leaseholders
struggled to grow clams on parcels that were only suitable for growing
oysters, and because of successive crop failures these leases often lie
unused and unproductive.
Since the alternative is an obvious "win - win situation," the
Division of Aquaculture recommends relocating affected leases to the
proposed new location. Section
253.68(2)(b), F.S., provides that "it shall be the policy of the state to
foster aquaculture development when the aquaculture activity is consistent
with state resource management goals, environmental protection,
proprietary interests, and the state aquaculture plan." Additionally, section 253.68,
F.S., provides that the Board of Trustees may lease submerged lands to
which it has title for the conduct of aquaculture activities and grant
exclusive use of the bottom and the water column for either commercial or
experimental purposes. The
proposed aquaculture use area is within the Big Bend Seagrasses Aquatic
Preserve. Section 258.42,
F.S., provides that aquaculture is in the public interest and that
aquaculture leases may be authorized in aquatic
preserves. A workshop
was conducted on September 11, 2002, in Cedar Key, Florida, to discuss the
proposed relocation project with prospective applicants. All prospective applicants
completed a request for modification form confirming their intent to
relocate their lease parcels. A
consideration of the status of any local government comprehensive plans
was not made for this item.
DACS has determined that the proposed action is not subject to the
local government planning process. (See
Attachment 5, Pages 1-17) RECOMMEND
APPROVAL
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