CHAPTER 144
HB 1317 – FINAL VERSION
07Mar2006… 0933h
2006 SESSION
06/09
HOUSE BILL 1317
AN ACT relative to the control or eradication of exotic aquatic weeds and requiring a review by the department of agriculture, markets, and food, the department of environmental services, the fish and game department, and the department of resources and economic development, evaluating the current permitting process for special permits for aquatic applications of pesticides to control or eradicate exotic aquatic weeds and making recommendations to improve the process.
SPONSORS: Rep. Drisko, Hills 5; Rep. R. Cooney, Rock 4; Rep. Whalley, Belk 5; Rep. Russell, Belk 6; Rep. J. Allen, Belk 5; Sen. D'Allesandro, Dist 20; Sen. Clegg, Dist 14
COMMITTEE: Resources, Recreation and Development
This bill changes certain criteria for the control of exotic aquatic weeds and requires a report from the department of agriculture, markets, and food, the department of environmental services, the fish and game department, and the department of resources and economic development that evaluates the current permitting process for special permits for aquatic applications of pesticides to control or eradicate exotic aquatic weeds and makes recommendations to improve the process. These recommendations for rules change or legislation, or both, will be reported to the exotic weeds and species committee.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Mar2006… 0933h
06-2248
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the control or eradication of exotic aquatic weeds and requiring a review by the department of agriculture, markets, and food, the department of environmental services, the fish and game department, and the department of resources and economic development, evaluating the current permitting process for special permits for aquatic applications of pesticides to control or eradicate exotic aquatic weeds and making recommendations to improve the process.
Be it Enacted by the Senate and House of Representatives in General Court convened:
144:1 Control of Exotic Aquatic Weeds. Amend RSA 487:17, II(b) to read as follows:
(b) Control [small new] infestations of exotic aquatic weeds, according to the following criteria:
(1) [The waterbody had been free, within the previous 5 years, of the exotic aquatic weed to be treated.
(2) The infestation is not widespread in the waterbody, and] The department shall have determined that the exotic aquatic weed can in fact be controlled in the waterbody.
[(3)] (2) The most environmentally sound treatment technique relative to the specific infestation will be used, which also meets the requirements of state rules, including rules adopted under RSA 430.
144:2 Report Required.
I. The department of agriculture, markets, and food, the department of environmental services, the fish and game department, and the department of resources and economic development shall prepare a report that evaluates the current permitting process for aquatic applications of pesticides to control or eradicate exotic aquatic weeds and makes recommendations to improve that permitting process. The report shall be prepared in consultation with appropriate stakeholders, including licensed aquatic applicators, lake associations, environmental protection groups, and others interested in critiquing and improving the current special permitting process for aquatic herbicide applications. The report shall include identification and analysis of potential improvements to the current permitting process that would support and enhance integrated pest management practices and not increase risk to public health or the environment or violate federal regulations including:
(a) Improvements related to creating a more flexible permitting process including consideration of changes to allow for the use of certain pesticides, weather-related delays, locational changes, and addressing the need for follow-up pesticide treatments while also providing appropriate notification and protection of water users;
(b) Changes that would allow for a reduction in the time it takes to obtain a special permit to apply pesticides to control or eradicate exotic aquatic weeds including but not limited to inter-agency communication and notification requirements;
(c) Changes that may be appropriate for new infestations or the use of integrated pest management approaches.
II. The department of agriculture, markets, and food, the department of environmental services, the fish and game department, and the department of resources and economic development shall report their findings and any recommendations for proposed rules changes or legislation, or both, to the exotic aquatic weeds and species committee, established under RSA 487:30, by September 30, 2006. Interim progress reports may be requested by the committee.
144:3 Effective Date. This act shall take effect upon its passage.
Approved: May 22, 2006
Effective: May 22, 2006