Current through Register Vol. 24-18, September 15, 2024
(1)
Description: This section
covers the physical and mechanical methods for controlling and removing aquatic
plants. It does not address using grass carp, herbicides, or water column dye.
Aquatic plant removal and control methods include physical, mechanical,
biological, and chemical control methods. Often the best approach to
controlling and removing aquatic plants is developing a vegetation management
plan. A vegetation management plan is a comprehensive approach to controlling
aquatic plants where all strategies are considered and usually some combination
of techniques is selected and implemented. These plans should be based on the
biology and ecology of the aquatic plant to be controlled and the environmental
characteristics of the site. Integrated vegetation management planning is
encouraged to comprehensively address aquatic plant problems for a
watercourse.
(2)
Fish life
concerns: Beneficial plants play a significant role in lakes and streams
by providing food and habitat for fish life, stabilizing shorelines, and
contributing to nutrient cycling. Sometimes beneficial plants can grow in
overabundance, usually because of excessive inputs of nutrients such as
nitrogen or phosphorus. In contrast, aquatic noxious weeds can threaten native
vegetation, fish life, and the habitat that supports fish life.
(3)
Limit of authority:
(a) An activity conducted solely to remove or
control spartina does not require an HPA.
(b) An activity conducted solely to remove or
control purple loosestrife and that is performed with hand-held tools or
equipment, or equipment carried by a person when used, does not require an
HPA.
(c) Any other activity
conducted solely to remove or control aquatic noxious weeds or aquatic
beneficial plants requires either a copy of the current Aquatic Plants
and Fish pamphlet HPA available from the department or an individual
HPA.
(4)
Removal
of aquatic plants by hand:
(a) A copy
of the current Aquatic Plants and Fish pamphlet available from
the department serves as an HPA, unless otherwise indicated, and must be on the
job site at all times.
(b) Hand
removal or control of aquatic plants can help eradicate an early infestation of
aquatic noxious weeds and can be effective for small, confined areas.
(c) Hand removal or control of both aquatic
noxious weeds and aquatic beneficial plants must comply with the following
technical provisions except where otherwise indicated:
(i) Because of potential impacts to sockeye
spawning areas, the department requires advance authorization for activities in
Baker Lake and lakes Osoyoos, Ozette, Pleasant, Cle Elum, Sammamish, and
Washington. If authorization is given, the department may require mitigation
through a written agreement between the applicant and the department for
impacts of raking in the spawning area.
(ii) Work is restricted to hand-pulling,
using hand-held tools or equipment, or using equipment that is carried by a
person when used.
(iii) Removing or
controlling aquatic beneficial plants to maintain an access for boating or
swimming is allowed along no more than ten linear feet of the applicant's
shoreline. The department requires advance authorization for boating and
swimming access projects that cover a larger area.
(iv) When hand-pulling aquatic noxious weeds,
remove the entire plant when possible. Completely remove detached plants and
plant parts from waters of the state when possible. Dispose of detached plants
and plant parts at an upland site so they will not reenter waters of the
state.
(v) Do not remove or disturb
existing fish habitat components such as logs, stumps, and large
boulders.
(vi) Conduct work in a
manner that minimizes the release of sediment and sediment-laden water from the
job site.
(vii) Prevent
contaminants from the project, such as petroleum products, hydraulic fluid, or
any other toxic or harmful materials, from entering or leaching into waters of
the state.
(viii) If at any time,
as a result of project activities, a person observes a fish kill or fish life
in distress, a person must immediately cease operations and notify the
department and the Washington military department emergency management division
of the problem. A person may not resume work until the department gives
approval. The department will require additional measures to mitigate the
prospecting impacts.
(ix) Do not
use contaminated equipment, which can spread plant parts. Thoroughly remove and
properly dispose of all viable plants and plant parts from the equipment before
using the equipment in waters of the state.
(5)
Bottom barriers and screens:
(a) A copy of the current Aquatic
Plants and Fish pamphlet available from the department serves as an
HPA, unless otherwise indicated, and must be on the job site at all
times.
(b) Bottom barriers or
screens can help eradicate an early infestation of aquatic noxious weeds and
are best used in small, confined areas where control of all plants is
needed.
(c) Bottom barrier or
screen projects to control or remove either aquatic noxious weeds or aquatic
beneficial plants must comply with the following technical provisions except
where otherwise indicated:
(i) Because of
potential impacts to sockeye spawning areas, the department requires advance
authorization for activities in Baker Lake and lakes Osoyoos, Ozette, Pleasant,
Cle Elum, Sammamish, and Washington. If authorization is given, the department
may require mitigation through a written agreement between the applicant and
the department for impacts of the activity to the spawning area.
(ii) For removing and controlling aquatic
noxious weeds, the bottom barrier or screen material can cover no more than
fifty percent of the length of the applicant's shoreline. The department
requires advance authorization for bottom barrier or screen projects covering a
larger area. Bottom barrier or screen and anchor material consisting of
biodegradable material may be left in place. Within two years of placement,
unless otherwise approved by the department, completely remove bottom barrier
or screen and anchor material that is not biodegradable to encourage
recolonization of aquatic beneficial plants.
(iii) To remove or control aquatic beneficial
plants to maintain an area for boating or swimming, a bottom barrier or screen
and anchor material may be installed along no more than ten linear feet of the
applicant's shoreline. The department requires advance authorization for bottom
barrier or screen projects for boating and swimming access projects covering a
larger area.
(iv) Securely anchor a
bottom barrier or screen material with pea gravel-filled bags, rock, or similar
material to prevent billowing and movement off site.
(v) Regularly maintain a bottom barrier or
screen and anchors to ensure the barrier or screen and anchors are functioning
properly. Barriers or screens that have moved or are billowing must immediately
be securely reinstalled or removed from waters of the state.
(vi) Existing fish habitat components such as
logs, stumps, and large boulders may be relocated within the water body if
needed to properly install the bottom barrier or screen. Do not remove these
habitat components from the water body.
(vii) If at any time, as a result of project
activities, a person observes a fish kill or fish life in distress, a person
must immediately cease operations and notify the department and the Washington
military department emergency management division of the problem. A person may
not resume work until the department gives approval. The department will
require additional measures to mitigate the prospecting impacts.
(viii) Do not use contaminated equipment,
which can spread plant parts. Thoroughly remove and properly dispose of all
viable plants and plant parts from the equipment before using the equipment in
waters of the state.
(6)
Weed rolling:
(a) A copy of the current Aquatic
Plants and Fish pamphlet available from the department serves as an
HPA, unless otherwise indicated, and must be on the job site at all
times.
(b) Weed rollers are best
used when a person needs to control all aquatic plants.
(c) Weed rolling projects to control or
remove both aquatic noxious weeds and aquatic beneficial plants must comply
with the following technical provisions except where otherwise indicated:
(i) Because of potential impacts to sockeye
spawning areas, the department requires advance authorization for activities in
Baker Lake and lakes Osoyoos, Ozette, Pleasant, Cle Elum, Sammamish, and
Washington. If authorization is given, the department may require mitigation
through a written agreement between the applicant and the department for
impacts of the activity to the spawning area.
(ii) Weed rollers cannot be used to remove an
early infestation of aquatic noxious weeds. Using weed rollers to remove or
control all other infestation levels of aquatic noxious weeds can cover an area
of no more than two thousand five hundred square feet. The department requires
advance authorization for weed roller projects covering a larger
area.
(iii) The department requires
advance authorization to remove or control aquatic beneficial plants.
(iv) When using weed rollers to remove or
control aquatic noxious weeds, completely remove detached plants and plant
parts from the water body. Dispose of detached plants and plant parts at an
upland site so they will not reenter waters of the state.
(v) Conduct work in a manner that minimizes
the release of sediment and sediment-laden water from the job site.
(vi) Prevent contaminants from the project,
such as petroleum products, hydraulic fluid, or any other toxic or harmful
materials, from entering or leaching into waters of the state.
(vii) If at any time, as a result of project
activities, a person observes a fish kill or fish life in distress, a person
must immediately cease operations and notify the department and the Washington
military department emergency management division of the problem. A person may
not resume work until the department gives approval. The department will
require additional measures to mitigate the prospecting impacts.
(viii) Existing fish habitat components such
as logs, stumps, and large boulders may be relocated within the water body if
needed to properly install the weed roller. Do not remove these habitat
components from the water body.
(ix) Do not use contaminated equipment, which
can spread plant parts. Thoroughly remove and properly dispose of all viable
plants and plant parts from the equipment before using the equipment in waters
of the state.
(7)
Mechanical harvesting and
cutting:
(a) A copy of the current
Aquatic Plants and Fish pamphlet available from the department
serves as an HPA, unless otherwise indicated, and must be on the job site at
all times.
(b) Mechanical
harvesting and cutting projects to control or remove both aquatic noxious weeds
and aquatic beneficial plants must comply with the following technical
provisions except where otherwise indicated:
(i) Do not use mechanical harvesters and
cutters to remove an early infestation of aquatic noxious weeds.
(ii) The department requires advance
authorization to remove aquatic beneficial plants.
(iii) When using mechanical harvesters or
cutters to remove or control aquatic noxious weeds, completely remove detached
plants and plant parts from the water body. Dispose of detached plants and
plant parts at an upland site so they will not reenter waters of the
state.
(iv) Prevent contaminants
from the project, such as petroleum products, hydraulic fluid, or any other
toxic or harmful materials, from entering or leaching into waters of the state.
Keep equipment well-maintained and use food-grade oil in the hydraulic
system.
(v) If at any time, as a
result of project activities, a person observes a fish kill or fish life in
distress, a person must immediately cease operations and notify the department
and the Washington military department emergency management division of the
problem. A person may not resume work until the department gives approval. The
department will require additional measures to mitigate the project
impacts.
(vi) Existing fish habitat
components such as logs, stumps, and large boulders may be relocated within the
water body if needed to operate the equipment. Do not remove these habitat
components from the water body.
(vii) Conduct mechanical harvester and cutter
operations only in waters deep enough to avoid contacting the bottom with the
cutter blades.
(viii) Always
operate mechanical harvesters and cutters so that they cause the least adverse
impact to fish life.
(ix)
Immediately and safely return to the water body all fish life that become
entrained in the cut vegetation while operating a mechanical
harvester.
(x) Do not use
contaminated equipment which can spread plant parts. Thoroughly remove and
properly dispose of all viable plants and plant parts from the equipment before
using the equipment in waters of the state.
(xi) Limit alteration or disturbance of the
bank and bank vegetation to that required to conduct the project. Protect all
disturbed areas from erosion using vegetation or other means. Replant the banks
within one year with native or other approved woody species.
(8)
Rotovation: The department requires an individual HPA for
rotovation projects. Rotovation projects to control or remove aquatic noxious
weeds and aquatic beneficial plants must comply with the following technical
provisions except where otherwise indicated:
(a) Do not use rotovators to remove an early
infestation of aquatic noxious weeds.
(b) When using rotovation to remove or
control aquatic noxious weeds, completely remove detached plants and plant
parts from the water body. Dispose of detached plants and plant parts at an
upland site so they will not reenter waters of the state.
(c) Prevent contaminants from the project,
such as petroleum products, hydraulic fluid, or any other toxic or harmful
materials, from entering or leaching into waters of the state. Keep equipment
well-maintained and use food-grade oil in the hydraulic system.
(d) If at any time, as a result of project
activities, a person observes a fish kill or fish life in distress, a person
must immediately cease operations and notify the department and the Washington
military department emergency management division of the problem. A person may
not resume work until the department gives approval. The department will
require additional measures to mitigate the project impacts.
(e) Existing fish habitat components such as
logs, stumps, and large boulders may be relocated within the water body if
needed to operate the equipment. Do not remove these habitat components from
the water body.
(f) Always operate
rotovators such that they will cause the least adverse impact to fish
life.
(g) Do not use contaminated
equipment, which can spread plant parts. Thoroughly remove and properly dispose
of all viable plants and plant parts from the equipment before using the
equipment in waters of the state.
(h) Limit alteration or disturbance of the
bank and bank vegetation to that needed to conduct the project. Protect all
disturbed areas from erosion, using vegetation or other means. Replant the
banks within one year with native or other approved woody species.
(i) Do not rotovate in fish spawning areas
unless approved by the department.
(9)
Aquatic plant dredging:
(a) A copy of the current Aquatic
Plants and Fish pamphlet available from the department serves as an
HPA for diver-operated dredging only, unless otherwise indicated, and must be
on the job site at all times.
(b)
Dredging projects to control or remove aquatic noxious weeds and aquatic
beneficial plants must comply with the following technical provisions except
where otherwise indicated:
(i) Because of
potential impacts to sockeye spawning areas, the department requires advance
authorization for activities in Baker Lake and lakes Osoyoos, Ozette, Pleasant,
Cle Elum, Sammamish, and Washington. If authorization is given, the department
may require mitigation through a written agreement between the applicant and
the department for impacts of the activity to the spawning area.
(ii) Prevent contaminants from the project,
such as petroleum products, hydraulic fluid, or any other toxic or harmful
materials, from entering or leaching into waters of the state. Keep equipment
well-maintained and use food-grade oil in the hydraulic system.
(iii) If at any time, as a result of project
activities, a person observes a fish kill or fish life in distress, a person
must immediately cease operations and notify the department and the Washington
military department emergency management division of the problem. A person may
not resume work until the department gives approval. The department will
require additional measures to mitigate the project impacts.
(iv) Existing fish habitat components such as
logs, stumps, and large boulders may be relocated within the water body if
needed to operate the equipment. Do not remove these habitat components from
the water body.
(v) Always conduct
dredging with dredge types and methods that cause the least adverse impact to
fish life.
(vi) Do not use
contaminated equipment, which can spread plant parts. Thoroughly remove and
properly dispose of all viable plants and plant parts from the equipment before
using the equipment in waters of the state.
(vii) To avoid stranding fish, the bed must
not contain pits, potholes, or large depressions when dredging is
finished.
(viii) Limit alteration
or disturbance of the bank and bank vegetation to that needed to conduct the
project. Protect all disturbed areas from erosion, using vegetation or other
means. Replant the banks within one year with native or other approved woody
species.
(c)
Diver-operated dredging only:
(i)
Diver-operated dredging can help eradicate an early infestation of aquatic
noxious weeds and can help conduct long-term maintenance after control or
removal using other methods.
(ii)
When using diver-operated dredging to remove or control aquatic noxious weeds,
a person must completely remove plants and plant parts from the water body.
Remove plants and plant parts from the dredge slurry before returning it to the
water body. Dispose of dredged bed materials, including detached plants and
plant parts, at an upland disposal site so they will not reenter waters of the
state.
(iii) Operate a hydraulic
dredge with the intake at or below the surface of the material that is being
removed. Raise the intake up to three feet above the bed only for brief periods
of purging or flushing the intake system.
(iv) The department requires advance
authorization to eradicate or control aquatic beneficial plants.
(d) For dredging other than
diver-operated dredging, the department requires an individual HPA for all
dredging projects to control or remove aquatic plants. All dredging other than
diver-operated dredging must comply with the following technical provisions:
(i) Do not use draglines and clamshell
dredges to remove an early infestation of aquatic noxious weeds.
(ii) When using dredging to remove or control
aquatic noxious weeds, a person must completely remove plants and plant parts
from the water body. Dispose of dredged bed materials, including detached
plants and plant parts, at an upland site so they will not reenter waters of
the state.
(iii) Do not conduct
dredging in fish spawning areas unless approved by the department.
(iv) Operate a hydraulic dredge with the
intake high enough above the root system of the vegetation being removed so the
bed is not excessively disturbed. Raise the intake up to three feet above the
bed only for brief periods of purging or flushing the intake system.
(v) If a dragline or clamshell is used,
operate in a manner that minimizes turbidity. During excavation, complete each
pass with the clamshell or dragline bucket. Do not stockpile dredged material
waterward of the ordinary high water line.
(10)
Water level manipulation:
(a) The department requires an individual HPA
to manipulate water levels.
(b)
Manipulating water levels (drawdowns) to remove or control aquatic noxious
weeds or aquatic beneficial plants by exposing plants and root systems to
extreme temperature and moisture conditions may be appropriate under specific
circumstances. Accurate plant identification is important to ensure
success.
(c) Water level
manipulation projects to control or remove both aquatic noxious weeds and
aquatic beneficial plants must comply with the following technical provisions
except where otherwise indicated:
(i) If at
any time, as a result of project activities, a person observes a fish kill or
fish life in distress, a person must immediately cease operations and notify
the department and the Washington military department emergency management
division of the problem. A person may not resume work until the department
gives approval. The department will require additional measures to mitigate the
project impacts.
(ii) Manipulate
water levels in a manner that causes the least adverse impact to fish
life.
(iii) Manipulate water levels
gradually and in a controlled manner to prevent a sudden release of impounded
water or sediments that may result in downstream bed and bank degradation,
sedimentation, or flooding. Water levels must be drawn down and brought back up
at rates predetermined in consultation with and approved by the department.
Instream flow requirements must be maintained as water levels are brought back
up.
(iv) Protect all disturbed
areas from erosion, using vegetation or other means. Replant the banks within
one year with native or other approved woody species.