TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 897
LAKE MICHIGAN AQUATIC PLANT MANAGEMENT
SECTION 897.10 SUMMARY AND PURPOSE
Section 897.10 Summary and
Purpose
This Part is established to
implement the management of aquatic plants within the Lake Michigan public
waters. The intent is to minimize the risks that citizens utilizing the public
waters may be unwittingly exposed to aquatic herbicides and that threatened or
endangered species of plants and animals may be harmed or destroyed, a
balanced aquatic plant community being recognized to be a vital and necessary
component of a healthy aquatic ecosystem. The Department may allow the
management of nuisance-causing aquatic plants with chemicals registered and
labeled for aquatic use by the United States Environmental Protection Agency
(USEPA). Other non-chemical methods, determined to be effective by the
Department, may also be authorized.
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 897
LAKE MICHIGAN AQUATIC PLANT MANAGEMENT
SECTION 897.20 APPLICABILITY
Section 897.20 Applicability
Any person sponsoring or
conducting chemical or non-chemical treatment to remove, destroy, or limit the
growth of aquatic plants in the Illinois public waters of Lake Michigan shall
obtain a Letter of Permission (LOP) from the Department.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 897
LAKE MICHIGAN AQUATIC PLANT MANAGEMENT
SECTION 897.30 DEFINITIONS
Section 897.30 Definitions
"Applicant" – The
person, company, or organization that proposes to apply aquatic herbicides or
non-chemical treatments to the Lake Michigan public waters.
"Chemicals"
– All USEPA approved and registered aquatic herbicides.
"Chemical treatment" –
The single, one-time use of a USEPA approved and registered aquatic herbicide
to destroy or limit the growth of aquatic plants.
"Client" – The person
who contracts with the pest control operator for the described aquatic plant
management treatment.
"Department"
– The Illinois Department of Natural Resources.
"Illinois public waters of
Lake Michigan" – All the open waters of Lake Michigan from the Wisconsin
state line south to the Indiana state line and from the Michigan state line
west to the Illinois shore, all harbors of the body of water that are or were
navigable and are open or dedicated to public use, and the navigation channels
connecting these harbors to Lake Michigan
"Letter of Permission" –
Document drafted by the Department that specifies the location, date, and
method of treatment.
"Non-chemical treatment"
– Utilization of plant screens, sediment covers, bottom barriers, blanketing
materials that are gas-permeable, or mechanical cutting or removal to destroy
or limit the growth of aquatic plants. A non-chemical treatment may consist of
a series of actions in the case of mechanical cutting or removal of aquatic
plants.
"Non-target organisms" –
Any plant, other than nuisance-causing aquatic plants specified on the
application, or animal species within the treatment area or adjacent areas that
may be adversely affected by the chemical or non-chemical treatment.
"Sensitive area"– Areas
of aquatic vegetation identified by the Department as offering critical or
unique fish and wildlife habitat, including seasonal or life stage
requirements, or offering water quality or erosion control benefits to the body
of water. This also includes areas included by the Department on the Illinois
Natural Areas Inventory, or registered or dedicated pursuant to the Illinois Natural
Areas Preservation Act [525 ILCS 30].
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 897
LAKE MICHIGAN AQUATIC PLANT MANAGEMENT
SECTION 897.40 APPLICATION FOR LETTER OF PERMISSION
Section 897.40 Application for Letter of Permission
An application for a LOP (form IL-LM01) may be obtained by
contacting the Division of Fisheries' Lake Michigan Program (847)294-4134. The
completed application shall be submitted to the Division of Fisheries' Lake
Michigan Program, 9511 Harrison Street, Des Plaines IL 60016. Any amendment or
revision to a submitted application shall be treated by the Department as a new
application. The application shall contain:
a) One
copy of a detailed map or sketch of the body of water with the proposed
treatment area dimensions clearly shown and with pertinent information
necessary to locate those properties, by name of owner, riparian to the
treatment area, which may include street address, fire number where available
and local telephone number;
b) A
description of the uses being impaired by plants and reason for treatment;
c) A
description of the plant community within the area to be treated that includes
approximate percentage of abundance by species;
d) The
product names of chemicals proposed for use, the method of application, and
proposed date of treatment;
e) The
name of the person or commercial applicator and applicator certification number
of the person conducting the treatment;
f) A
description of the non-chemical treatment, including type of material, product
name if applicable, and proposed date of treatment;
g) A
certification to the Department that a copy of the application has been
provided to any affected property owners' association and to any riparian
property owners adjacent to and within the treatment area; and
h) A
statement of alternative control methods considered for use on the proposed
treatment site and their feasibility.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 897
LAKE MICHIGAN AQUATIC PLANT MANAGEMENT
SECTION 897.50 ISSUANCE OF LETTER OF PERMISSION
Section 897.50 Issuance of Letter of Permission
a) The
Department shall issue or deny issuance of the requested LOP within 45 days
after receipt of a complete application.
b) The
LOP shall be issued for a non-chemical method or the single, one-time, use of a
USEPA approved and registered aquatic herbicide to remove, destroy or limit the
growth of aquatic plants. Exception: In instances where a chemical treatment
is proposed to be at reduced application rates with a not-to-exceed dosage
limit, over multiple applications, this will be viewed as a one-time application.
c) New
applications for a LOP will be reviewed with consideration given to the
cumulative effect of applications already approved for the body of water.
d) The Department may deny
issuance of the requested LOP if:
1) The
proposed chemical is not labeled and registered for the intended use by the
USEPA;
2) The
Department determines that the proposed treatment will result in a hazard to
humans, animals, or other non-targeted organisms, or will not provide nuisance
relief;
3) The
Department determines that the proposed treatment will result in a significant
adverse effect on the body of water or will place unreasonable restrictions on
existing water uses;
4) The
Department determines that the proposed treatment will significantly injure
non-target organisms within the treatment area or adjacent areas, either
directly or through habitat destruction;
5) The
proposed treatment is in a location known to have endangered or threatened
species as determined by the Department; or
6) The
proposed treatment is in a location identified by the Department as a sensitive
area, except when the applicant demonstrates to the satisfaction of the
Department that the treatment can be conducted in a manner that will not alter
the ecological character or reduce the ecological value of the area.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 897
LAKE MICHIGAN AQUATIC PLANT MANAGEMENT
SECTION 897.60 SUPERVISION
Section 897.60 Supervision
Supervision by a Department
representative may be required for any chemical treatment. Supervision may
include inspection of the proposed treatment area, chemicals and application
equipment before, during, and after treatment. The inspection may result in
the determination that treatment is unnecessary or unwarranted in all or part
of the proposed area, or that another chemical or non-chemical method of
treatment may be more appropriate.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER b: FISH AND WILDLIFE
PART 897
LAKE MICHIGAN AQUATIC PLANT MANAGEMENT
SECTION 897.70 CONDITIONS OF LETTER OF PERMISSION
Section 897.70 Conditions of Letter of Permission
a) The
Department may stop or limit the application of chemicals or non-chemical
treatments to a body of water if at any time it determines that the treatment
will be ineffective, will result in unreasonable restrictions on current water
uses, or will produce unnecessary adverse side effects on non-targeted
organisms for any of the reasons set forth in Section 897.50.
b) Chemical
treatment shall be performed in accordance with chemical label directions,
existing pesticide use laws, and the LOP conditions.
c) Chemical
treatment shall be performed by a licensed pesticide applicator currently
certified in the aquatic category by the Illinois Department of Agriculture.
d) The
LOP applicant will be responsible for posting treatment areas in accordance
with water/fishing use restrictions listed on the chemical label. Signs shall
be posted at the beginning of chemical treatment and remain posted for the
period of time listed in the use restriction portion of the chemical label.
Posted signs shall be brilliant yellow with black lettering, conspicuous to
persons intending to use the treated area from both water and shore, and shall
state the name of the chemical, date of treatment, and water use restrictions
listed on the chemical label.
e) The
LOP applicant will be responsible for obtaining a permit from Illinois EPA in
adherence with 35 Ill. Adm. Code 652.601, where applicable.
f) Failure
to comply with the conditions of the LOP may result in loss of privileges for
subsequent chemical and non-chemical treatments for aquatic plants in the
Illinois public waters of Lake Michigan, in addition to any other remedies set
out by law.
AUTHORITY: Implementing and authorized by Section 4.9 of the Rivers, Lakes, and Streams Act [615 ILCS 5/4.9] and by Sections 1-15, 1-20, 1-150, 5-5 and 20-35 of the Fish and Aquatic Life Code [515 ILCS 5/1-15, 1-20, 1-150, 5-5 and 20-35].
SOURCE: Adopted at 25 Ill. Reg. 9038, effective July 3, 2001.
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