H-3135.1  _______________________________________________

 

                          HOUSE BILL 2531

          _______________________________________________

 

State of Washington      57th Legislature     2002 Regular Session

 

By Representatives Eickmeyer, Haigh, Jackley, Rockefeller and Lantz

 

Read first time 01/21/2002.  Referred to Committee on Agriculture & Ecology.

Combating the spread of Eurasian water milfoil.


    AN ACT Relating to Eurasian water milfoil; and amending RCW 90.48.448.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 90.48.448 and 1999 c 255 s 3 are each amended to read as follows:

    (1)(a) Subject to restrictions in this section, a government entity seeking to control a limited infestation of Eurasian water milfoil may use the pesticide 2,4-D to treat the milfoil infestation, without obtaining a permit under RCW 90.48.445, if the milfoil infestation is either recently documented or remaining after the application of other control measures, and is limited to twenty percent or less of the littoral zone of the lake.  Any pesticide application made under this section must be made according to all label requirements for the product and must meet the public notice requirements of (b) of this subsection (((2) of this section)).

    (((2))) (b) Before applying 2,4-D, the government entity shall:  (((a))) (i) Provide at least twenty-one days' notice to the department of ecology, the department of fish and wildlife, the department of agriculture, the department of health, and all lake residents; (((b))) (ii) post notices of the intent to apply 2,4-D at all public access points; and (((c))) (iii) place informational buoys around the treatment area.

    (((3))) (c) The department of fish and wildlife may impose timing restrictions on the use of 2,4-D to protect salmon and other fish and wildlife.

    (((4))) (d) The department may prohibit the use of 2,4-D if the department finds the product contains dioxin in excess of the standard allowed by the United States environmental protection agency.  Sampling protocols and analysis used by the department under this section must be consistent with those used by the United States environmental protection agency for testing this product.

    (((5))) (e) Government entities using this section to apply 2,4-D may apply for funds from the freshwater aquatic weeds account consistent with the freshwater aquatic weeds management program as provided in RCW 43.21A.660.

    (((6))) (f) Government entities using this section shall consider development of long-term control strategies for eradication and control of the Eurasian water milfoil.

    (((7))) (g) For the purpose of this section, "government entities" includes cities, counties, state agencies, tribes, special purpose districts, and county weed boards.

    (2)(a) A public or private individual or entity who received a permit, license, or other form of permission issued by the department in the 2001 calendar year for the application of an aquatic herbicide to combat Eurasian water milfoil is allowed to conduct the same application in the 2002 calendar year without applying for or receiving additional permits, licenses, or permissions.  An applicator of aquatic herbicides complying with this section may not be held in violation of any of the provisions found within this chapter for the 2002 calendar year.

    (b) Permits or licenses issued under this chapter for the use of aquatic herbicides to combat Eurasian water milfoil in lakes, ponds, or other freshwater bodies may not carry with them a fee paid by the applicator of the herbicide or the applicant for the license or permit.

 


                            --- END ---