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Document Citation: 68F-20.0055, F.A.C.
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Header:
FLORIDA ADMINISTRATIVE CODE
TITLE 68 FISH AND WILDLIFE CONSERVATION COMMISSION
68F AQUATIC PLANTS
CHAPTER 68F-20 AQUATIC PLANT CONTROL PERMITS
Date:
08/31/2009
Document:
62F-20.0055 Management Method Criteria and Standards, Operations and Reporting Requirements.
(1) Management Method Criteria and Standards
(a) Herbicide control activities:
1. All herbicide control activities shall be in conformity with label requirements of the product to be used.
2. Herbicides that require water use restrictions when used according to label requirements, and do not indicate a potable water intake setback distance on the label, must not be used to manage floating plants within 0.5 miles of a functioning potable water intake in a lake or within two miles upstream or 0.5 miles downstream of a functioning potable water intake in a river system.
3. When used to manage aquatic vegetation other than floating plants, herbicides that require water use restrictions when used according to label requirements, and do not indicate a potable water intake setback distance on the label, must not be used within two miles of a functioning potable water intake in a lake or within two miles upstream or 0.5 miles downstream of a functioning potable water intake in a river system.
4. When management activities, using a herbicide without a potable water setback distance, are to take place within two miles of a functioning potable water intake in a lake, or within two miles upstream or 0.5 miles downstream of a functioning potable water intake in a river system, written notice by certified mail must be given to the operator of the water treatment plant and to the bureau at least one week prior to the treatment activity, unless an alternative notification system has previously been approved by the department.
5. When more than one herbicide is registered for use in an aquatic site, the department shall require the use of the herbicide which it determines has the least adverse effect upon human health, safety, recreational uses, non-target plants, fish, and wildlife. In determining which herbicide shall be used, the following criteria shall be considered:
a. Which herbicide will provide the greatest protection to human health, safety, and recreational uses.
b. Which herbicide will provide the greatest protection to non-target plant and animal life.
c. Which herbicide will be most effective at controlling the targeted species.
6. No herbicide shall be permitted for use in violation of label requirements as registered by the Department of Agriculture and Consumer Services or the United States Environmental Protection Agency.
7. Application of herbicides shall be conducted at all times in a manner to cause the least possible adverse effect on human health, safety, recreational uses, non-target plants, fish, or wildlife.
8. Management activities using herbicides shall not be permitted in manatee aggregation sites when manatees are present except when automatic herbicide spreaders operating on timing devices have been authorized by a permit.
9. In order to protect the welfare, safety, and health of manatees, when manatees are sighted in a control area, all herbicide control operations must cease immediately (except when automatic herbicide spreaders operating on timing devices have been authorized by a permit), and shall not be resumed until all manatees have left the control area of their own volition. No manatee may be herded or harassed into leaving the control area.
10. Proposed herbicide treatments that may cause the rapid decay of aquatic vegetation and possible oxygen depletion, shall be required to be staggered or conducted in stages to allow time for recovery and stabilization of oxygen levels between treatments.
(b) Mechanical and Physical Control Activities:
1. Mechanical aquatic plant management operations shall be conducted in a manner which will not cause further significant spread of noxious aquatic plant species. All cut or harvested aquatic vegetation shall be deposited as prescribed in the permit. No substrate is authorized to be recontoured or removed under an aquatic plant management permit.
2. When manatees are sighted within 50 feet of mechanical operations, all operations must cease immediately and shall not be resumed until all manatees have left the mechanical operations area of their own volition. No manatees may be herded or harassed into leaving the control area.
3. An aquatic plant management permit is required to fluctuate water levels when the primary purpose is for aquatic plant management. A permit to fluctuate water levels may also be required from the appropriate water management district.
(c) Biological Control Activities:
1. The use of fish as a biological control for aquatic plants requires a permit from the Fish and Wildlife Conservation Commission which has statutory authority for the regulation of the use of fish.
2. All other biological control agents shall be used only if approved for general release by the U.S. Department of Agriculture and the Florida Department of Agriculture and Consumer Services.
(2) Operations Requirements:
(a) All persons conducting aquatic plant management activities shall remove from the site and properly dispose of, in accordance with label instructions, all herbicide containers which result from aquatic plant management activities.
(b) All persons conducting aquatic plant management activities shall allow employees of the department to conduct inspections, sample waters in management sites, observe control activities at management sites, and review records required by; subsection 62C-20.0055(3), F.A.C., of this chapter in order to determine compliance with the terms of this chapter and permit conditions. In addition, all persons shall allow employees of the department, acting as agents of the Department of Agriculture and Consumer Services, pursuant to an interagency memorandum of understanding (effective date 22 May 1985, which is hereby incorporated by reference and is available from the bureau) to remove samples from spray tanks to ascertain compliance with the terms of this chapter, and permit conditions.
(c) Prior to undertaking herbicide control activities, each permittee shall notify potential users of waters, subject to or affected by the aquatic plant management activities, if there are use restrictions on the herbicide label for treated waters. The permittee must use one or more of the following methods of notice, which shall be stated on the permit, for posting water-use restrictions to properly notify the affected public:
1. The posting of signs at access points.
2. The publication of notice in a newspaper of general circulation in the affected area.
3. The placement of notices at the management site.
4. The establishment of a signal or marker system.
5. Giving notice at established point of contact.
6. Other methods, approved in advance by the department, designed to reach the affected public.
(d) The notice shall include, at least, the types of activities which will be temporarily prohibited, or restricted, and the dates for which these prohibitions, or restrictions, are applicable. The notice must remain posted during the period for which any use restrictions are in effect.
(e) Any person engaged in aquatic plant management must have a copy of the aquatic plant management permit when conducting control activities, unless activities are being undertaken pursuant to Chapter 62C-54, F.A.C.
(f) If the department finds that immediate, serious danger to the public health, safety, or welfare requires emergency action, it is authorized, to suspend, restrict, or limit the scope of the permitted activity by emergency order. Any emergency action taken pursuant to this rule shall be promptly reported to the Governor as agency head.
(3) Reporting Requirements:
(a) Each permittee shall maintain records of herbicide use conducted pursuant to this chapter on DEP Form 50-031(16) (Aquatic Plant Management Annual Operations Report, effective date 5-3-95, which is hereby incorporated by reference and is available from the bureau). An equivalent report may be used provided it is approved in advance by the bureau.
(b) The Operations Report Form, or other approved equivalent form, shall be sent to the bureau each year within 30 days following the anniversary of the issue date or the expiration date of the permit.
(c) Subsequent permits will not be issued or renewed until the Operations Report is received. A permit is subject to revocation if the Operations Report is not received within the required time frame.
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