Heard about the aquatic plant ban in Texas? Is your State Next?
Reply With QuoteNew Texas Regulations Significantly Restricting Possession of Aquatic Plants
Where Are We Now?January 20, 2011
Introduction
Texas law requires State departments to go thru periodic reviews (“Sunset reviews”) and requires new legislation for State departments to continue to operate. A Sunset review was conducted for the Texas Parks and Wildlife Department (TPWD) with a final report published July, 2009.
http://www.sunset.state.tx.us/81stre...wd/tpwd_fr.pdf
Included in the Sunset Advisory Commission recommendations was one for establishment of a white list of aquatic plants and algae which would be permitted to be possessed in Texas. All other aquatic plants not on the list, which are not native to Texas, would be banned and made illegal.
The Texas legislature, in approving the continuation of the TPWD, included language to require such a white list. The legislation was passed as HB 3391 and is now law.
http://www.capitol.state.tx.us/tlodo...l/HB03391F.htm
TPWD is in the final stages of preparing the regulations to implement the law and provide the official white list.
Information from TPWD on New Regulations to Implement the White List
TPWD has posted information on two web sites:
http://www.tpwd.state.tx.us/newsmedi...?req=20101229b
http://www.tpwd.state.tx.us/newsmedi...?req=20101229b ---This one key!
Note that the second link above is to a web page that has a number of important hot links including:
Proposed List of Approved Exotic Aquatic Plants
Ineligible Species List (should be read as list of banned/illegal aquatic plants)
Plants Removed From Draft List for Other Reasons (this includes a list of native plants; this is not a complete list of native plants; it only lists plants evaluated and found to be native.)
Weed Risk Assessment Model. (This is the assessment procedure and questions used to prepare a score for each aquatic plant evaluated).
List of All Plants Considered (For me this is the key list of plants as it lists everything the TPWD has considered and the result: approved, rejected, etc.)
Note that the TPWD has stated the above plant lists are up to date as of 1/11/2011. However, they appear not to include plants submitted by TexGal in March 2010 and by Bob Alston on January 5, 6 and 9 of 2011. Further TPWD has stated they will not be adding any new plants until after the upcoming commission meeting. Hopefully this is simply a hiatus because they are busy preparing for the Commission meeting and will resume additions and analysis immediately thereafter.
Proposed TPWD Regulations -
The following is a link to the proposed TPWD regulations governing “Exotic Aquatic Vascular Plants and Macroalgae Rules”
http://www.tpwd.state.tx.us/business...vascular.phtml
Algae -
The new regulations also govern aquatic algae. Initially I and others found this very confusing. Finally I received clarification from TPWD that the regulations are not intended to restrict algae that we may encounter in aquariums.
The only statement I find in 70.53 (a) or (b) that seems to possibly exempt aquarium hobbyists is the statement in 70.53(b) " The proposed regulations are intended to apply to those persons who intentionally possess microalgae, not those who possess microalgae unknowingly and without intent to evade legal compliance "
Is it correct for us to interpret this statement as meaning that aquatic plant and aquarium keepers who are not intentionally cultivating micro algae are exempt from these regulations?
If so then would we be correct in understanding the regulation as if the statement as being extended by the text " nor aquarium keepers who may have algae as incidential to their keeping of aquatic fish and aquatic plants "?
The TPWD response was: “Yes, our intent was to exempt uses as you described.”
Mosses –
One recent post on the DFWAPC web site states “this bill is about vascular plants and microalgae's as it's title says. I guess it just hit me but mosses are non vascular plants are are not covered with this bill so i believe we should have no problem with that. guess we have to read between the lines a little bit and on a technicality it seems that mosses shouldn't have any problems being kept. also i want to point out that TPWD put an aquatic moss on the list of approved plants and that is java moss which is a non vascular plant and it is another example of how much we need to educate them <tpwd> and the public on these things.”
An interesting point. However, the HB 3391 definition appears to be broader
" 2) "Exotic [, exotic fish, shellfish, or] aquatic plant" means a nonindigenous [fish, shellfish, or] aquatic plant
that is not normally found in aquatic or riparian areas [the public water] of this [the] state. "
However, consistent with the title, the text of the proposed rules state:
" The proposed regulations implementing the HB 3391 are divided into two subchapters. Proposed Subchapter B of Chapter 70, published elsewhere in this issue of the Texas Register, contains regulations regarding exotic microalgae. Subchapter A of Chapter 70, proposed in this rulemaking, concerns vascular plants and macroalgae."
A concise definition of non-vascular plants:
"Non-vascular plants is a general term for those plants without a vascular system (xylem and phloem). Although non-vascular plants lack these particular tissues, a number of non-vascular plants possess tissues specialized for internal transport of water.
Non-vascular plants means that they do not have specialized tissue. Liverworts may look like they have leaves, but they are not true leaves because they have no xylem or phloem. Likewise, mosses and algae have no such tissues."
I suggested to the original author that he email TPWD about this.
Status of New Regulations to Implement the White List
As apparently required by law, TPWD has held meetings for public comment on the proposed new regulations and white list which was mandated by the legislature.
Meetings were held in 2009 as early as March. I saw a posting by LanceR of TPWD dated 6/11/2010 which became a sticky in the Aquatic Plants section of HoustonFishBox.com. The last public comment meeting was January 19, 2011 in Ft. Worth with about 50 citizens attending and many speaking.
The TPWD Commission is set to review the comments made by the public, among other things in their upcoming committee meeting on January 26. Public comment is apparently not permitted at the meeting, although I believe public presence is permitted by law. The Commission will consider the proposed TPWD regulations and white list at their meeting on January 27. It is my understanding that public comment can be made at that meeting, however please note that the meeting is held in Austin.
If approved by the Commission on January 27, it is the TPWD intent to make the regulations and white list effective May 1. Until that time, the new restrictions would not be enforced.
On May1:
a) Any plant identified by TPWD as being on the approved list will be legal to possess.
b) Any plant known to be native to Texas will be legal to possess. (Be prepared to prove it).
c) It will be illegal to possess any plant specifically identified by TPWD as rejected/illegal. Enforcement will start. To obey the law, citizens will be required to destroy any plants on the TPWD rejected list.
d) Should you have any plants that have not been evaluated by TPWD and you submit their scientific and common names to TPWD, you will be permitted to continue to keep the plants legally until TPWD has completed their evaluation of the plant.
TPWD has provided for a grace period, from May 1 to July 31, during which time citizens can keep plants not on the rejected list that have not yet been evaluated. However, such plant submissions must be done prior to July 31. Possibly they must be done earlier to allow time for TPWD to complete their analysis.
As I understand it, as of July 31, only plants then on the official white list or native plants are permitted. All other are banned and therefore illegal to possess.
Subsequent Requests for Adding New Plants to the White List
HB 3391 requires TPWD to provided an expedited review process. Recently Dr. Chilton stated it may take two months for submitted plants to be evaluated. Also, at the Ft. worth meeting on 1/19, Ken Kurzawski stated that the Commission must approve new additions to the white list. The Commission apparently meets every 2-3 months. See the schedule for part of 2011 here
http://www.tpwd.state.tx.us/business/feedback/meetings/
Note that TPWD has stated that apparently they will require citizens who submit plants for considering using an as yet unpublished form, to evaluate them, apparently using the Weed Risk Assessment criteria. TPWD stated: “Anyone who wishes to add a plant to the approved list will need to provide information that can be used to do a risk assessment (see the existing document).”
-- end part 1 ---
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