Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68F - Aquatic Plants › Chapter 68F-20 - AQUATIC PLANT CONTROL PERMITS › Section 68F-20.0055 - Management Method Criteria and Standards, and Operations Requirements

Current through Reg. 50, No. 138; July 16, 2024
(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.