Section Env-Wq 1304.01 - Designation and De-listing of Restricted Use Areas(a) The commissioner shall designate as a restricted use area any area that contains a limited infestation of exotic aquatic weeds, such as: (1) Areas with new infestations;(2) Infestations in areas with a high risk of fragmentation; and(3) Areas in waterbodies with previously-documented infestations where treatments or management practices have removed all but a small area of exotics that can be contained with the establishment of a restricted use area until such time that other management practices can remove the remainder of the population.(b) After designation, a restricted use area shall be in place until the area is no longer infested as determined using the criteria in (a), above, or until a period of 3 years has expired since the time of designation, whichever is sooner.(c) When an infestation has been eradicated or cannot be successfully treated or managed within the 3-year time limit, or the 3-year time limit has been reached, the commissioner shall evaluate the designated area to determine whether to de-list the area or extend the area's designation as restricted use.(d) In considering whether to designate a restricted use area pursuant to (a), above, or whether to extend the designation pursuant to (c), above, the commissioner shall proceed as directed by RSA 487:17, II(d).N.H. Code Admin. R. Env-Wq 1304.01
(See Revision Note at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06
Amended byVolume XXXIV Number 46, Filed November 13, 2014 , Proposed by #10696, Effective 10/18/2014, Expires10/18/2024.