Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 57 - FISHERIES › Subchapter L - AQUATIC VEGETATION MANAGEMENT › Section 57.932 - State Aquatic Vegetation Plan

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Requirements Applicable to All Measures to Control Nuisance Aquatic Vegetation.
(1) Purpose. The purpose of the state aquatic
				  vegetation plan is to provide for the coordination, oversight, guidance and
				  where applicable public notice and enforcement of all activities related to the
				  management of nuisance aquatic vegetation on public bodies of surface water.
				  This includes, but is not limited to, coordination, oversight, public
				  notification and enforcement of all aquatic herbicide use to protect state fish
				  and wildlife resources and habitat and to prevent unreasonable risk from the
				  use of any aquatic herbicide.
(2)
				  Standards. All measures that a person undertakes to control nuisance aquatic
				  vegetation shall be consistent with the principles of integrated pest
				  management as defined in §
											57.930 of
				  this title (relating to Definitions). A guidance document prepared by TPWD will
				  describe measures to control nuisance aquatic vegetation, and the minimum
				  standards applicable to governing entities that regulate a public body of
				  surface water and persons who propose to treat nuisance aquatic vegetation. The
				  guidance document will include:
(A)
				  Encouragement of the growth and, where lacking, establishment of native aquatic
				  vegetation that provides habitat for fish, the food chain that supports
				  desirable fish populations, other desirable aquatic organisms and wildlife
				  without interfering with reasonable recreational use, navigation, drinking
				  water supply, flow of water to power plants, industrial use, irrigation, or
				  other beneficial uses;
(B)
				  Encouragement of efforts to address the root causes supporting the overgrowth
				  of nuisance aquatic vegetation;
(C)
				  Support for continued monitoring and assessment activities to identify new
				  nuisance aquatic vegetation species and act appropriately to eliminate or
				  minimize ecological impacts;
(D)
				  Support for continued research and evaluation of vegetation control methods
				  that will cause the least possible hazard to persons, property and the
				  environment as required by application of integrated pest management
				  principles;
(E) Encouragement of
				  public input in decision-making processes;
(F) Encouragement of ongoing education and
				  outreach efforts as to the importance of managing aquatic vegetation to assure
				  the ecological health of public waters;
(G) Information to guide individuals wishing
				  to treat nuisance aquatic vegetation; and
(H) Criteria for choosing management
				  responses to nuisance aquatic vegetation problems based on the uses of the
				  water body and the nature of the problem. These criteria may take the form of a
				  three-tier system: Tier I, which calls for immediate response and eradication;
				  Tier II, which calls for ongoing control where nuisance aquatic vegetation is
				  well-established; and Tier III, which calls for monitoring and a contingency
				  plan in case the problem worsens. The three-tier system is subject to change as
				  provided in paragraph (3) of this subsection.
(3) Modification of Guidance. TPWD will
				  publish notice in the
Texas Register
and seek input from
				  interested parties when it proposes major modifications to the guidance
				  document such as changes in procedures and notification. Notice shall be
				  provided at least 60 days prior to the effective date of any changes to the
				  guidance document. The notice shall describe the proposed modifications and the
				  reasons for the modifications, and how comments on the proposed modifications
				  may be made to TPWD. Minor modifications such as changes of address,
				  typographical corrections, and addition of species or approved herbicide may be
				  published on the TPWD website without submission to the
Texas
				  Register.
(4) Review by
				  TPWD. Except as provided in paragraph (5) of this subsection, prior to
				  undertaking any measures to control nuisance aquatic vegetation in a public
				  body of surface water, a person operating under the state plan (exclusive of
				  TPWD personnel or its contractors) shall provide to TPWD a treatment proposal,
				  on a form included in the guidance document, no later than the 14th day before
				  the measures are to begin. TPWD will review and may disapprove or amend any
				  treatment proposal and will respond no later than the day before the proposed
				  control measures are to begin. Where appropriate, TPWD will provide technical
				  advice and recommendations regarding prevention of nuisance aquatic vegetation
				  problems. The person submitting the treatment proposal shall have the burden of
				  demonstrating compliance with the state plan. Where a local plan governs,
				  treatment proposals are not subject to TPWD review, approval, and amendment,
				  but are to be submitted to TPWD (pursuant to §
											57.934(b)
				  of this title, relating to Local Aquatic Vegetation Plan) for informational
				  purposes.
(5) The owner or manager
				  of a property or their agent, other than persons hired solely for the purposes
				  of removing aquatic vegetation or persons using mechanical harvesters, is not
				  required to submit a treatment proposal for physical removal of floating
				  aquatic plants from public water adjacent to the property, shorelines, docks,
				  or other waterfront infrastructure associated with the property provided these
				  species are possessed, transported, and disposed in compliance with §
											57.113
				  of this title (relating to Harmful or Potentially Harmful Fish, Shellfish, and
				  Aquatic Plants).