# All members should understand what are prohibited aquatic plants



## BobAlston (Jan 23, 2004)

All DFWAPC members should take the initiative to understand which aquatic plants are illegal to possess. There are currently two official list of banned aquatic plants. One is the federal list:

http://www.aquaticplantcentral.com/forumapc/sale-trade/67500-federal-noxious-weed-list.html

The other is the State of Texas list:

http://www.aquaticplantcentral.com/...76385-texas-noxious-weed-list-black-list.html

As responsible aquatic plant hobbyists we must obey the law and not grow plants that are prohibited. And, at the very least, if some individual should decide to grow any such plant, they must NEVER trade them with others and NEVER EVER bring them to club meetings where plants are swapped. Doing so would inappropriately spread these plants and subject various people to fines.

Officers: I request that this be made officially part of our club bylaws.

Bob


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## Tex Gal (Nov 1, 2007)

I agree with this. Perhaps it could be part of our mission. We are looking at changes to the bylaws, especially since we voted to combine sec/tres. position. We can look at this inclusion.


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## Markw78 (May 6, 2004)

Hygro Polysperma is on the list, and taken over the San Marcos river, yet I still see it for sale in stores. I'm always careful to throw mine away in the trash when pruning. A lot probably goes into our storm drains though with as often as I see it for sale in stores.


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## Phil Edwards (Jan 22, 2004)

I agree wholeheartedly with Bob and Drinda, we should make the prohibition against federal and state noxious species part of our bylaws. While we can't control the businesses and non-member individuals trading in these species we can do our part to abide by the regulations within the club. :thumbsup:


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## Tex Gal (Nov 1, 2007)

Markw78 said:


> Hygro polysperma is on the list, and taken over the San Marcos river, yet I still see it for sale in stores. I'm always careful to throw mine away in the trash when pruning. A lot probably goes into our storm drains though with as often as I see it for sale in stores.


Hygro Polysperma is NOT on the TX banned list. I don't know why it's not but it is NOT. Yes it is in the San Marcos. While the TWPD did spend $$$ to remove the Crypt becketti they left the Hygo. polysperma. It is on the federal noxious weed list. There is much more on that list than TX weed list. According the Dr. Earl Chilton, head of this for TWPD the TX list supercedes the federal noxious weed list.

We still need to be careful not to release ANY of our plants into nature. You never know when you may have a mis-identified plant and could be causing a problem.


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## BobAlston (Jan 23, 2004)

Tex Gal said:


> Hygro Polysperma is NOT on the TX banned list. ........ According the Dr. Earl Chilton, head of this for TWPD the TX list supercedes the federal noxious weed list.
> 
> QUOTE]
> 
> ...


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## Michael (Jul 20, 2010)

As I understand it, the Federal Noxious Weed list prohibits importation into the United States from other countries, and prohibits interstate trade or transport of listed plants. It does not prohibit possession or sale of a listed plant within the borders of a specific state.

Texas does not prohibit _H. polysperma_. Therefore, it may be possessed and traded within the state legally. Now if a Texas resident were to take cuttings from his/her tank across the Texas-Louisiana border, that would be against federal law, and perhaps state law in Louisiana if they prohibit the plant there.

As a club, DFWAPC may decide to adopt the full federal noxious weed list as part of our by-laws or code of ethics. In some cases, this would make us more strict than the state of Texas.


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## BobAlston (Jan 23, 2004)

Good explanation. Thanks Michael.

Bob


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## Phil Edwards (Jan 22, 2004)

So you're saying I just dumped a ton of H. poly for no reason? :flame: ROFLMAO.


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## Tex Gal (Nov 1, 2007)

Not to worry Phil. You can get a ton more when we go down to San Marcos River... LOL


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## ukamikazu (Jun 4, 2010)

Pardon me, but I thought if it was on the Federal list, like _H. polysperma_, then no one could have it or trade it period within the political borders of the USA?


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## BobAlston (Jan 23, 2004)

I did some searching and found this:

http://www.fws.gov/laws/lawsdigest/fednox.html

The link states "The Secretary of Agriculture was given the authority to designate plants as noxious weeds by regulation, and the movement of all such weeds in interstate or foreign commerce was prohibited except under permit."

But according to this

http://www.law.cornell.edu/uscode/html/uscode07/usc_sec_07_00002801----000-.html

section 2803 was repealed.

so now I am confused

Bob


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## Tex Gal (Nov 1, 2007)

Well... TWPD says it's not on their list. Since they would likely be the one that enforces things in the state of TX anyway, I'd say Hygro. polysperma is ok in TX. I specifically asked about the differences between the federal noxious weed list and the state black list and was told by Dr. E. Chilton that it is the TX list that is accurate within TX. 

It would seem to me that the distinction is the commerce BETWEEN states. In the last link that Bob supplied it does say, "provided that provisions of this chapter would not invalidate provisions of State and local laws, except as such laws would permit prohibited actions. " Maybe that is the out. Right now, everything in TX is permitted, unless it's on the black list.


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