1. (a) The commissioner shall designate as a restricted use area any area that contains a limited infestation of exotic aquatic weeds, such as:

   1. (1) Areas with new infestations;
   2. (2) Infestations in areas with a high risk of fragmentation; and
   3. (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.
2. (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.
3. (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.
4. (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).

Source. (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300)