Fla. Admin. Code Ann. R. 5E-13.042 - Criteria for Arthropod Control That May Affect Environmentally Sensitive and Biologically Productive Public Lands and Other Public Lands

(1) It is the intent of this rule to implement Section 388.4111, F.S., by establishing the procedures to be followed to implement arthropod control plans on environmentally sensitive and biologically highly productive public lands.

(2) Land management agencies and local arthropod control agencies are encouraged to work cooperatively to informally achieve agreement on regarding arthropod control on public lands. To that end, local arthropod control agencies shall, upon request of a land management agency, describe alternative arthropod control measures which may be appropriate for particular public land and otherwise upon request provide information relative to arthropod control.

(3) Each public land management agency managing lands in Florida shall:

(a) Determine whether it is managing public lands in Florida that are environmentally sensitive and biologically highly productive.

(b) Give written notice to the department and any affected local arthropod control agencies which lands are environmentally sensitive and biologically productive. A list of the mosquito control agencies shall be provided by the department to all land management agencies. Written notice shall include but not be limited to:

1. Aerial photographs or maps depicting the public lands made subject to the notice;

2. A statement of the purpose for which the lands are managed along with a description of ecological data giving rise to the determination of the land management agency;

3. A specification of the potential ecological harm to be guarded against in planning arthropod control on such land with a detailed statement of what reasonably feasible arthropod control measures, if any, the land management agency believes would be suitable for such lands; and

4. Such other pertinent information relative to such determination that provides a better understanding of the land management agency's problems that need to be addressed in an arthropod control plan for the land subject to such determinations.

(4) A local arthropod control agency upon receipt of a written notice shall:

(a) Prepare a written plan for arthropod control on the environmentally sensitive and biologically highly productive public lands identified in the notice. Such proposed plan shall be submitted to the public land management agency within 45 days from receipt of the notice.

(b) The proposed Arthropod Control Plan shall include but not be limited to:

1. The need for arthropod control on the identified lands.

2. The areas where arthropod control measures are proposed.

3. The location of any rotary ditching or other land modification activity.

4. Operational schedules for water level fluctuations.

5. Notification of public lands manager before commencement of control measures.

6. Periodic restrictions as applicable, for example peak fish spawning times.

7. The criteria to be used in determining application of pesticides. Such criteria shall not be less restrictive than criteria in Rule 5E-13.036, F.A.C.

8. The common or chemical name of the pesticides expected to be used.

9. The method of application to be used for each specific product.

10. The rate of application to be used for each specific product.

(5) The proposed public lands Arthropod Control Plan shall:

(a) Become effective immediately upon agreement between the public lands management agency, the local arthropod control agency and the department, or

(b) Become effective within 45 days, or such other period of time agreed to by both parties, from receipt by the public lands management agency unless the agency objects to the proposed plan. The objection(s) of the land management agency shall be filed with the local arthropod control agency and the department with a statement of the reasons for the objection(s) and suggested alternatives. Failure to object to a proposed control plan or a portion thereof shall be deemed consent to perform control methods not objected to.

(6) If the land management agency and the local arthropod control agency are unable to agree on an Arthropod Control Plan, either party may, by written notice, request the department initiate the dispute resolution process pursuant to Section 388.4111(2)(c), F.S. The department shall, within 15 days of receipt of such written notice forward the proposed control plan, the land management agency's objections, and any other pertinent correspondence or information to the Florida Coordinating Council on Mosquito Control for consideration and recommendation.

(7) Lands identified as environmentally sensitive and biologically highly productive shall remain subject to the local arthropod control agency's general work plan prior to approval of a control plan pursuant to this rule. However, environmentally sensitive and biologically highly productive public lands identified and managed by the Trustees of the Internal Improvement Trust Fund shall not be subject to control measures without the Trustees' consent.

(8) Approved current Arthropod Control Plans shall be kept on file with the department. If neither the land management agency or the local arthropod control agency give notice of the need to revise an approved plan, the approved plan shall continue in effect until replaced by substitute plan. If either the land management agency or the local arthropod control agency wishes to revise an approved plan, written notice shall be given to the department and the other agency. A response shall be given within 45 days. Agreed upon revisions shall be submitted to the department. In the event the parties are unable to agree, the dispute resolution procedures of subsection 5E-13.042(6), F.A.C. shall be utilized.

Notes

Fla. Admin. Code Ann. R. 5E-13.042

Rulemaking Authority 388.361, 388.4111 FS. Law Implemented 388.4111 FS., Section 11, Chapter 91-428, Laws of Florida.

New 2-10-87, Formerly 10D-54.042, Amended 8-9-06.

New 2-10-87, Formerly 10D-54.042, Amended 8-9-06.