68F-20.0055. Management Method Criteria and Standards, and Operations 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 with label restrictions for potable water use that do not indicate a potable water intake setback distance must not be used to manage floating plants within 0.5 miles of a functioning potable water intake permitted by the Department of Environmental Protection in a lake or within 2.0 miles upstream or 0.5 miles downstream of a functioning potable water intake permitted by the Department of Environmental Protection in a river system. There are no setback requirements when using herbicides that do not have restrictions on the label for potable water use.

3. When used to manage aquatic vegetation other than floating plants, herbicides with label restrictions for potable water use which do not indicate a potable water intake setback distance must not be used within 2.0 miles of a functioning potable water intake permitted by the Department of Environmental Protection in a lake or within 2.0 miles upstream or 0.5 miles downstream of a functioning potable water intake permitted by the Department of Environmental Protections in a river system. There are no setback requirements when using herbicides that do not have restrictions on the label for potable water use.

4. When management activities, using a herbicide with label restrictions for potable water use which does not have a potable water setback distance, are to take place within 2.0 miles of a functioning potable water intake permitted by the Department of Environmental Protections in a lake, or within 2.0 miles upstream or 0.5 miles downstream of a functioning potable water intake permitted by the Department of Environmental Protection in a river system, written notice by certified mail must be given to the operator of the water treatment plant and to the section at least one week prior to the treatment activity, unless an alternative notification system has previously been approved by the Commission. There are no requirements to notify water treatment plant operators or the section when using herbicides that do not have restrictions on the label for potable water use.

5. When more than one herbicide is registered for use in an aquatic site, the Commission 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 applications 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 applications 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. Manatees shall not be herded or harassed into leaving the control area.

10. Proposed herbicide treatments that can 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 control 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. Manatees shall not be herded or harassed into leaving the control area.

3. An aquatic plant control permit is required to fluctuate water levels when the primary purpose is for aquatic plant management. A permit to fluctuate water levels could 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 Commission, pursuant to rule 68A-23.088, F.A.C., and is not regulated under this chapter.

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 Commission to conduct inspections, sample waters in management sites and observe control activities at management sites in order to determine 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 Commission, 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 control permit when conducting control activities, unless activities are being undertaken pursuant to chapter 68F-54, F.A.C.

(f) If the Commission finds that immediate, serious danger to the public health, safety, welfare, or the environment 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 Commissioners as agency head.

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 369.20, 369.22, 403.088 FS. History–New 2-9-82, Amended 7-9-85, Formerly 16C-20.055, 16C-20.0055, Amended 5-3-95, Formerly 62C-20.0055, Amended 11-20-18.