Pesticides March 2015 Application for use of Pesticides under an Aquatic Nuisance Control Permit Per 10 V.S.A. Chapter 50, § 1455 For Aquatic Nuisance Control Permit Program Use Only Application Number: Submission of this application constitutes notice that the entities listed below intend to use pesticides in waters of the State to control aquatic nuisance plants, insects, or other aquatic life; and that the entities below have demonstrated that (1) there is no reasonable nonchemical alternative available; (2) there is acceptable risk to the nontarget environment; (3) there is negligible risk to public health; (4) a long-range management plan has been developed which incorporates a schedule of pesticide minimization; and (5) there is a public benefit to be achieved from the application of a pesticide or, in the case of a pond located entirely on a landowner's property, no undue adverse effect upon the public good. Submit an application fee of $75 for a private pond or $500 for all other waterbodies, made payable to the State of Vermont. All information required on this form must be provided, and the requisite fees must be submitted to be deemed complete. A. Applicant Information 1. Entity’s Name: 2a. Mailing Address: 2b. Municipality: 2c. State: 2d. Zip: 3. Phone: 4. Email: B. Pesticide Applicator Information (Check box if same as above in Section A: ) 1. Entity’s Name: 2a. Mailing Address: 2b. Municipality: 2c. State: 2d. Zip: 3. Phone: 4. Email: C. Application Preparer Information (Check box if same as above: Section A and/or B ) 1. Preparer’s Name: 2a. Mailing Address: 2b. Municipality: 2c. State: 2d. Zip: 3. Phone: 4. Email: D. Waterbody Information 1. Name of waterbody: 2. Municipality: 3. Are there wetlands associated with the waterbody? Yes No Contact the Vermont Wetland Program: (802) 828-1535 for additional information. 4. Are there rare, threatened or endangered species associated with the waterbody? Yes No Contact the Vermont Fish & Wildlife Natural Heritage Inventory: (802) 241-3700 for additional information. 5a. Is this waterbody a private pond (per 10 V.S.A. 5210)? Yes No If No, skip to Question D6. 5b. Is this private pond totally contained on landowner’s property? Yes No 5c. Does the private pond have an outlet? Yes No If yes, what is the name of the receiving water from this outlet? 5d. Is the flow from this outlet controlled? Yes No If yes, how and for how long? 6. List the uses of the waterbody – check all that apply: Water supply Irrigation Boating Swimming Fishing Other: Page 1 of 2 Pesticides March 2015 E. Treatment Information 1a. Proposed start date: 1b. Proposed end date (if known): 2. Aquatic nuisance(s) to be controlled: 3. Pesticide(s) to be used1: Plant/Algae/Animal: Trade Name: EPA Registration #: Submit additional information as needed. Submit a copy of the Product Label & Material Safety Data Sheet. 4. Provide a map of control activity area. 5. Application rate (ppm): Provide location of (each) treatment area in waterbody. Explain the above application rate & provide calculations. 6. Attach a narrative description of the proposed project to include the following items: a) Reason(s) to control the aquatic nuisance; b) Brief history of the aquatic nuisance in the waterbody; c) Reason why no reasonable nonchemical alternatives are available; and, d) Description of the proposed control activity. 7. If you answered “no” to D5b above, then a Long-range Management Plan2 (LMP) is required: a) Describe how control of the nuisance species will be conducted for the duration of the permit (must be at least a 5 year time span and incorporate a schedule of pesticide minimization); and, b) Explain how the LMP will be financed; include a budget and funding sources for each year. F. Applicant/Applicator Certification As APPLICANT, I hereby certify that the statements presented on this application are true and accurate; guarantee to hold the State of Vermont harmless from all suits, claims, or causes of action that arise from the permitted activity; and recognize that by signing this application, I agree to complete all aspects of the project as authorized. I understand that failure to comply with the foregoing may result in violation of the 10 VSA Chapter 50, § 1455, and the Vermont Agency of Natural Resources may bring an enforcement action for violations of the Act pursuant to 10 V.S.A. chapter 201. Applicant/Applicator Signature: Date: G. Application Preparer Certification (if applicable) As APPLICATION PREPARER, I hereby certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Application Preparer Signature: Date: H. Application Fees Submit this form and the $75 or $500 fee to: Vermont Department of Environmental Conservation Watershed Management Division Aquatic Nuisance Control Permit Program 1 National Life Drive, Main 2 Montpelier, VT 05620-3522 Direct all correspondence or questions to the Aquatic Nuisance Control Permit Program at: [email protected] For additional information visit: www.watershedmanagement.vt.gov 1 The application fee for the aquatic pesticide Aquashade® and copper compounds used as algaecides is $50 per application. 2 Any landowner applying to use a pesticide for aquatic nuisance control on a pond located entirely on the landowner's property is exempt from the Long- range Management Plan requirement, as per 10 VSA §1455(e) Page 2 of 2 Attachment 1 Proposed Lampricide Treatment of the LaPlatte River in 2016 and 2020 Detailed Project Description and Information Supporting the Five Criteria for Aquatic Nuisance Control Permit Issuance April 13th, 2016 Attachment 1 - 1 Background and Rationale The Lake Champlain Fish and Wildlife Management Cooperative (LCFWMC), made up of the Vermont Fish and Wildlife Department (VTFWD), New York State Department of Environmental Conservation (NYSDEC), and U. S. Fish and Wildlife Service (USFWS), initiated the long-term sea lamprey (Petromyzon marinus) control program in 2002. The Final Supplemental Environmental Impact Statement (FSEIS), A long-term program of sea lamprey control in Lake Champlain, details the program (purpose and need: pp. 3-10; history of the problem: pp. 27-31; summary of lampricide treatment methodologies: pp. 34-36). The long-term program was developed in response to significant improvements in salmonid survival, fishing quality, and economic impact resulting from the 1990-1997 experimental sea lamprey control program (Fisheries Technical Committee 1999). There are currently 20 tributary systems included in the long- term program, with eight in Vermont, ten in New York, the Poultney/Hubbardton River system on the New York- Vermont border and the Pike River/Morpion Stream system in Quebec (Figure 1). Figure 1. Lake Champlain tributaries included in the sea lamprey control program. Attachment 1 - 2 Wounding Rates and Socio-economic Impacts From the conclusion of the experimental program in 1997 to the initiation of the long-term program in 2002, the parasitic-phase sea lamprey population rebounded and lamprey wounding approached and exceeded pre-control levels. Current wounding rates (27) on Lake Champlain lake trout (Salvelinus namaycush) and landlocked Atlantic salmon (Salmo salar) (19) continue to remain just above targets established for the program (Table 1). The program’s objectives, stated in the FSEIS, are a maximum of 15 and 25 wounds per 100 fish for salmon and lake trout respectively. The walleye (Sander vitreum) wounding rate monitoring program includes surveys that alternate by river and year in order to collect data that represent the wounding rate throughout the basin (Table 2). Consistent maintenance of a long- term program of sea lamprey treatments at regular intervals is necessary to achieve and sustain target wounding rates for salmon, lake trout, walleye, and other species affected by sea lamprey parasitism. Poor fishing in the past led many anglers to seek fishing opportunities elsewhere and adversely affected the Lake Champlain charter fishing industry. In 1997, 13 Lake Champlain fishing charter businesses (based in Vermont and New York) participated in an economic study of fishing-related businesses (Gilbert 1998). This number is estimated to be less than half of the fishing charter businesses that operated at that time. Through the 2000’s, about four to six fishing charter businesses remained with significant levels of operation on Lake Champlain. It has been estimated that $29.4 million (dollars in 1990 value) in annual economic benefits to businesses and residents of the Lake Champlain Basin may have been lost due to the impacts of the uncontrolled sea lamprey population (Gilbert 1999). Substantial public benefits of sea lamprey control in Lake Champlain were demonstrated during the 8- year experimental program (Fisheries Technical Committee 1999). At the end of the experimental program, fishery benefits and angler satisfaction increased. Responses from surveyed anglers showed that they planned to spend an estimated additional 1.2 million angler days annually fishing Lake Champlain. This additional effort was estimated to generate an additional $42.2 million in fishing-related expenditures if sea lamprey control was fully implemented and its resulting benefits were to accrue and continue. This value increases to an estimated $59.2 million when all water-based recreational activity is considered (Gilbert 1999; Marsden et al. 2003). While wounding rates are reaching all-time lows since the inception of the program, continued suppression of sea lamprey in Lake Champlain is necessary to sustain and enhance economic and environmental benefits. These benefits include improved fishing quality and related positive economic impacts, as well as enhancing restoration of native lake trout, landlocked Atlantic salmon, lake sturgeon (Acipenser fulvescens), and walleye populations in Lake Champlain. Reaching the LCFWMC goal of comprehensive control of all sea lamprey-producing sources in Lake Champlain will achieve and sustain these benefits in the long term (Fisheries Technical Committee 2009). Attachment 1 - 3 Table 1. Sea lamprey wounding rates (wounds per 100 fish) on lake trout and landlocked salmon through time. ML= Main Lake basin; IS-MB= Inland Sea-Malletts Bay. Sample sizes are in parentheses. Lake Species Landlocked Salmonb Trouta Basin ML Lakewide ML IS-MB Objective 25 15 15 15 Pre-controlc 55 32 34 32 (1,854) (646) (115) (531) Experimental controld 38 31 27 39 (3,290) (1,594) (1,013) (581) 55 38 33 50 1999 (318) (106) (76) (30) 61 26 25 40 2000 (288) (459) (417) (42) 60 53 54 50 2001 (166) (209) (163) (46) 72 56 38 72 2002 (182) (101) (47) (54) 77 93 79 106 2003 (203) (134) (66) (68) 62 53 47 57 2004 (117) (206) (74) (132) 94 69 59 98 2005 (64) (159) (118) (41) 99 70 71 69 2006 (137) (230) (159) (71) 46 74 71 92 2007 (26) (205) (180) (25) 31 38 35 50 2008 (75) (182) (150) (32) 55 32 31 38 2009 (88) (513) (414) (99) 40 15 15 22 2010 (218) (292) (269) (23) 30 19 19 14 2011 (168) (621) (543) (78) 40 21 21 26 2012 (197) (207) (187) (19) 54 19 15 33 2013 (332) (331) (259) (72) 30 15 13 29 2014 (398) (568) (481) (87) 27 19 18 25 2015 (388) (1,017) (886) (131) a Lake trout in the 533-633 mm (21-25 inches) length interval. b Salmon in the 432-533 mm (17-21 inches) length interval. c Pre-control included 1982-92 for lake trout and 1985-92 for salmon. d Experimental control included 1993-98 Attachment 1 - 4 Table 2. Sea lamprey wounding rates on Lake Champlain walleye through time. Sample sizes are in parentheses (“ns” indicates not sampled). Number of sea lamprey wounds per 100 walleyes a Pre- Experimental Basin 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Objective control control Poultney & South Bay 13 4 3 3 0 3.8 4 0 0 2 ns ns ns Ns ns ns ns (South/Main (831) (451) (122) (80) (58) (52) (50) (489) (326) Lake) Winooski 3 2 7 4 11 6.4 4.6 3.9 5.2 2 ns ns ns Ns ns ns ns (Main Lake) (664) (110) (174) (265) (389) (94) (173) (362) (346) Lamoille 4 16 9 5.5 5.0 2.7 (Mallet’s 2 ns Ns ns ns ns ns Ns ns ns ns (975) (69) (68) (105) (139) (221) Bay) Missisquoi 1 4 1 0 1 3.8 3.3 3.9 1.5 2 ns ns ns ns ns ns ns (Inland Sea) (877) (789) (140) (78) (267) (130) (120) (208) (133) a Walleyes in the 534-634 mm (21.0-24.9 inches) length interval, collected in spring spawning population surveys. For walleye, pre-control included 1988-92, while eight-year control includes 1993-97. There are no pre-control data for the Winooski, Lamoille, and Missisquoi rivers. Attachment 1 - 5 Sea Lamprey Population and Treatment History The LaPlatte River has never been treated with lampricide. It is however listed in the FSEIS as a candidate river for control. Until 2006, a few surveys of the river indicated it was either free of lamprey or contained so few that it was not considered a priority for adding to the program. Surveys completed since 2006 indicate that the population has increased greatly in number and warrants control as part of the comprehensive control approach in the Lake Champlain Basin. Sea lamprey larval population assessments conducted by the USFWS Lake Champlain Fish and Wildlife Resources Office are used to select streams that warrant treatments. In 2009, the first signs of a growing population were seen when the river wide population estimate which had been less than 200 in past surveys, jumped to almost 8,000. That finding and resulting Quantitative Assessment Survey (QAS) population estimate led to the investigation of a barrier in 2010. Once the barrier was deemed infeasible, the decision to wait to include the LaPlatte in the new basin-wide geographic-realignment strategy was made which placed its first proposed treatment in 2016. In 2015, a more extensive survey, not QAS, was performed to estimate the density and distribution of larval sea lamprey in the LaPlatte River. The data from that survey are shown in Table 3. While this was not done strictly by previous QAS methods, similar techniques were used that could be used to produce a population estimate seen in Table 3. That estimate is simply a reference to compare to previous surveys. Future non-QAS surveys will be comparable to the 2015 larval density table and abundance distribution maps (Figures 2 and 3). Table 3. The number of LaPlatte River sea lamprey larvae collected in 2015 from 11 sample plots in Reach 1 and 12 sample plots in Reach 2. Population estimate is given simply as a reference to bridge the gap during transitioning from QAS methodolgy to non-QAS methodolgy. Population Reach N m2 Density Estimate 1 122 201 0.607 8,725 2 58 267 0.217 4,952 180 468 0.3846 13,677 Attachment 1 - 6 Figure 2. The eleven transects of LaPlatte River, Reach 1 (Route 7 to Shelburne Falls) where lamprey were electrofished in 2015 and the number of larvae collected at each site. The overall catch per unit effort (density) for sea lamprey was 0.607 lamprey/m2 for the entire area of habitat sampled in Reach 1. Attachment 1 - 7 Figure 3. The twelve transects of the LaPlatte River, Reach 2 (Shelburne Falls to Leavensworth Road) where lamprey were electrofished in 2015 and the number of larvae collected at each site. The overall catch per unit effort (density) for sea lamprey was 0.217 lamprey/m2 for the entire area of habitat sampled in Reach 2. Attachment 1 - 8