NYS DEC s Regulation of Invasive Species Management Programs

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1 NYS DEC s Regulation of Invasive Species Management Programs John W. Bennett - Pesticide Program Manager NYSDEC Region 5

2 Presentation Goals NYS DEC Jurisdiction Application/Permit Requirements Required Information and Contacts

3 What s a Nuisance? It s in the eyes of the beholder Plants provide food, shelter and breeding sites for many organisms. Aquatic plants shade, cool and oxygenate the water. Plants/animals become nuisance pests when they interfere with our planned activities or are present in areas we don t want them. Invasive species can out compete natives and lead to less bio-diversity.

4 Nuisance Plant Examples Invasives Water Chestnut Eurasian Watermilfoil Curly leaf pondweed Giant Hogweed Phragmites Japanese Knotweed Natives Native pondweeds Water lilies Duckweed Cattails Poison Ivy Dandelions

5 Nuisance Fauna Examples Invasives Asian Longhorned beetle Emerald Ash Borer Asian Tiger Mosquito Fishhook and Spiny waterfleas Zebra and Quagga Mussels Northern Snakeheads Sea Lamprey Mute swans Natives Tent Caterpillars Carpenter ants Native mosquitoes and black flies Leeches Snail vectors carrying swimmer s itch parasite (schistosome) Yellow Perch Cormorants

6 Invasive Species Management Options Cultural Controls - Planting proper varieties. Proper land management practices. Limiting nutrient loads into the water body. Shoreline owners septic systems, use of fertilizers etc. Proper WWTF and run off containment. Physical Controls Hand pulling. Mowing. Suction and Boat harvesting. Benthic barriers. Hydro raking. Dredging. Lake draw downs. Biological Controls Beneficial insects. Triploid grass carp. Chemical Controls - Pesticides, colorants, nutrient binders.

7 DEC Permit Jurisdiction ECL Article 11- Stocking of biological control agents. ECL Article 15, Titles 3 and 5 - Aquatic Pesticides and Protection of Water ECL Article 17- Waste and storm water management (WWTF) ECL Article 24 - Freshwater wetlands

8 Permit Requirements by Control Option- Physical Methods Harvesting when lake bottom not disturbed and no wetlands involved - No DEC permits required. Hydro raking - Permit required per ECL (dredging) Benthic Barriers (smothering plants) - No permits required if barrier does not involve permanent solid fill (e.g. rebar vs. concrete blocks). Dredging - Permit required per ECL Winter Lake draw downs - Permit required if freshwater wetlands involved per ECL 24

9 Permit Requirements by Control Option- Biological Methods Aquatic weevils and moths - Stocking permit required per ECL Article 11 Triploid Grass Carp - Stocking permit required per ECL Article 11 Terrestrial weevil for purple loosestrife control - Stocking permit per ECL Article 11 Bti for mosquito and black fly control - Aquatic pesticide and freshwater wetland permits required per ECL Articles 15 and 24 depending on treatment location

10 Permit Requirements by Control Option- Chemical Methods Pesticides- Any substance used to control a pest (i.e. insecticides, herbicides, fungicides etc.). Permits usually not required for terrestrial applications but pesticide licensing may be required. Aquatic pesticides including copper compounds, diquat, endothall, 2,4-D, fluridone, glyphosate, triclopyr and imazamox- Permit required per ECL Article with a few exceptions. SPDES general permit required after 4/9/2011. Shading Colorants - If registered as pesticides a permit is required. Alum - Indirect control via nutrient binding. SPDES or pesticides permit per ECL Article 17 or 15 may be required. The DEC is currently reviewing its policy.

11 Aquatic Pesticide Permit Exemptions Ponds less than 1 acre in size lying exclusively on property owned by the applicator with no outlet to surface waters. An aquatic pesticide purchase permit is required (no fee, simple application). Copper sulfate for algae control by a duly constituted water supply agency.

12 Restricted Use Pesticides Federal and State Restricted products- must be a certified applicator or obtain a purchase permit in order to buy, use or possess them. 6 NYCRR Part 326- A list, B list, C list 326.2(g)- Label language limiting use to professional applicators (h)- Aquatic use pesticides (e)- Conditions of registration.

13 Do I Need Pesticide Certification? Any application of any pesticide except private (farming) or residential (property owner/lease holder) application is defined as a commercial application of pesticides (ECL ) Commercial application of pesticides requires applicator certification or direct supervision by a certified applicator. Annual pesticide use reporting and daily use records. Prior Pesticide label notification, written contracts and sign posting may be required.

14 Eurasian Watermilfoil Control via aquatic pesticides - Need aquatic pesticide permit. via hand harvesting and/or benthic barriers with no permanent fill in non wetland areas - No permit required via dredging (mechanical or suction) - Need protection of water permit and if wetlands are involved, also need wetlands permit.

15 Items Required for Complete Aquatic Pesticide Permit Applications Lake management plans for water bodies identified on the DEC list (RTE species, potable water use, public access, DEC managed fishery, special concern) which identify the history of problem, integrated control options and water quality parameters. For more information go to the following website: Riparian owner notice and consent. Complete permit application including treatment area and watershed maps.

16 Where to Obtain Permit Applications: Your local DEC office At the DEC website: For Wetland and Protection of Water Permit Information go to For Aquatic Pesticide Permit information go to

17 Where to Obtain Permit Applications (cont.): For information on stocking insects, contact the DEC regional wildlife manager. For information on stocking triploid grass carp, contact the DEC regional fisheries manager.

18 Permit Decisions Reasonable - Consistent with management plan goals. Necessary - Problem exists and treatment strategy justified. In accordance with applicable laws, regulations and pesticide label directions

19 Thanks For Your Time!! Questions? Phone Fax Pesticide Registration Status and Labelshttp://magritte.psur.cornell.edu/pims/ National Pesticide Information Centerhttp://npic.orst.edu/

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