WSR 10-09-091


[ Filed April 20, 2010, 2:58 p.m. ]


Announcing a Draft Aquatic Invasive Species

Management General Permit for Review and Comment

Proposed Permit: The Washington state department of ecology (ecology) is proposing a new aquatic invasive species management general permit to regulate the use of chemicals or control products for the management of aquatic invasive species animals and nonnative invasive marine algae in surface waters of Washington state. Ecology limits chemical application to marine and freshwater animals or marine algae. The permit will regulate the use of chemicals for potentially invasive aquatic species as determined by ecology in consultation with other agencies.

Washington's water quality statutes and regulations do not allow the discharge of pollutants to waters of the state without permit coverage. Algaecides, herbicides, insecticides, molluscicides, piscicides and any other chemical or product appropriate for aquatic invasive species management are potential pollutants, and therefore require a discharge permit before application to surface waters. Ecology issues general permits in place of a series of individual permits when the permitted activities are similar. Agencies that receive coverage under the general permit must comply with the terms and conditions of the permit.

Purpose of the Permit: This permit would allow for the treatment of early infestations and for small localized projects that may lead to the eradication of the invasive species from each site, or for the containment of the invasive species to one area or site. State agencies will apply for coverage under this permit prior to implementing their invasive aquatic animal control activities. Management activities are organized into either marine/estuarine projects or freshwater projects.

Copies of the Draft Permit: You may download copies of the draft permit, environmental impact statement, and fact sheet from the following web site

You may request copies of the documents from Julie Robertson at (360) 407-6575 or by e-mail at

Ecology Contact: Kathy Hamel, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-6562, e-mail

Submitting Written Comments: Ecology will accept written comments on the draft permit, fact sheet, and environmental impact statement until 5 p.m., June 11, 2010. Ecology prefers comments be submitted by e-mail. E-mailed comments must contain the commenter's name and postal address. Comments should reference specific permit text when possible.

Submit Comments by E-mail to:

Submit Written Comments to: Kathy Hamel, Washington State Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

You must send e-mail comments before 5 p.m., June 11, 2010. Written comments must be postmarked no later than 5 p.m., June 11, 2010.

Hearing and Workshop: Ecology will hold one public workshop and hearing on the draft general permit. The purpose of the workshop is to explain the general permit, and answer questions in order to facilitate meaningful testimony during the hearing. The purpose of the hearing is to provide an opportunity for people to give formal oral testimony and comments on the proposed permit. Written comments will receive the same consideration as oral testimony. The public workshop and hearing will begin at 1 p.m. and conclude when public testimony is complete.

June 7, 2010 (1 p.m.) Workshop and Hearing: Lacey Timberland Library, 500 College Street S.E., Lacey, WA 98503.

Issuing the Permit: The final permit will be issued after ecology receives and considers all public comments. If public comments cause a substantial change in the permit conditions from the original draft permit, another public notice of draft and comment period may ensue. Ecology expects to issue the general permit in the fall of 2010.

Washington State Code Reviser's Office