68F-54.001. Program Criteria and Standards

(1) The Florida Legislature provides funds to the Commission annually through the Invasive Plant Control Trust Fund for the management of aquatic plants.

(2) Funds are allocated by the Commission to government agency and private sector contractors, after evaluation of workplans and associated budgets for eligible waters, in accordance with eligibility standards and priorities established in this chapter. The Commission then monitors and assists contractors to ensure the appropriate management of aquatic plants and funds.

(3) The Aquatic Plant Management Funding Program and the Corps Cooperative Agreement DACW 17-85-H-0020 (effective date as amended 26 September 1988, which is hereby incorporated by reference and is available from the section) shall be implemented by this chapter.

(4) Applying the maintenance program management policy to noxious aquatic plants shall include the following actions:

(a) Identifying the noxious aquatic plant species present, and their impact on plant and animal life and property.

(b) Determining in which eligible water bodies these plants are most disruptive to maintenance program objectives.

(c) Determining which plants are the most feasible to manage under given conditions and available methodologies.

(d) Establishing management priorities for eligible waterbodies, and selecting management methods to be used including mechanical, biological, or herbicide techniques, which may often be used in combination.

(e) Coordinating with and seeking comments from stakeholders including other agencies and local governments.

(f) The Commission is authorized to contract with government agencies and private sector organizations for the management of aquatic plants in waters of the state.

(g) The Commission is authorized to reimburse any government agency or private sector company with which it has entered into a contractual agreement to manage aquatic plants, subject to the eligibility requirements of this chapter.

(h) The Commission is responsible for determining that funds are spent in accordance with annual workplans, task assignments and contracts.

(i) The Commission shall reimburse contractors based on the available funds, program eligibility, program priorities, and the method of reimbursement as defined in this chapter. To compensate for limitations in the planning cycle prior to the end of the fiscal year, the Commission is authorized to review allocations to contractors to determine if additional funds are needed or if excess funds are available for reallocation to management programs in need of additional funds.

(5) Herbicide Management Standards:

(a) Herbicide management activities shall be in conformity with label restrictions of the product to be used.

(b) Herbicides with label restrictions for potable water use which 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.

(c) 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 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 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.

(d) 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 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, 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 been previously 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.

(e) 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:

1. Which herbicide will provide the greatest protection to human health, safety, and recreational uses.

2. Which herbicide will provide the greatest protection to non-target plant and animal life.

3. Which herbicide will be most effective at controlling the targeted species.

(f) 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.

(g) 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.

(h) 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 in the workplan.

(i) 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 in the workplan), 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.

(j) 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.

(6) Mechanical and Physical Management Standards:

(a) 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 workplan. No substrate is authorized to be recontoured or removed under an aquatic plant management workplan.

(b) 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 manatee may be herded or harassed into leaving the control area.

(7) Biological Management Standards:

(a) The use of fish as biological management for aquatic plants requires authorization from the Commission which has statutory authority for the regulation of the use of fish.

(b) All other biological management 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.

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 403.088, 369.20, 369.22 FS. History–New 1-7-87, Amended 5-30-93, Formerly 16C-54.001, 62C-54.001, Amended 10-9-12.