I am writing to you in regard to House Bill 3391 that was passed into law during the last legislative session. As an aquarium hobbyist, I find aspects of this law very distressing, and believe it will prove detrimental to our state's economy and have adverse effects for the aquarium hobby in general.
The importance of the aquarium hobby is varied. Economically, its impact is enormous. From large corporate pet stores to small business owners whose entire livelihoods rely upon servicing hobbyists' needs; from fish breeders and plant nurseries and manufacturers of aquarium products and chemicals, and service professionals who maintain aquariums for private and public customers. The impact upon our economy cannot be understated.
Also, there is a positive relationship to be found between encouraging and promoting the aquarium hobby and protecting our natural habitats and waterways within the state of Texas. As our society becomes more and more urban, the importance of understanding and appreciating nature will decline among a public that is more and more removed from it. Educationally, the aquarium hobby is responsible for enduring environmental issues and the appreciation of natural habitats to a public that otherwise would be ignorant of such concerns. Throughout the country, there are now many societies dedicated to aquatic horticulture, who are of great benefit to agencies such as the TWPD in that they raise awareness of invasive species and their proper containment.
House Bill 3391 seeks to protect Texas waterways from invasive aquatic plants by restricting import and possession of such plants to native species and an approved "white" list of exotic aquatic plants. All other exotic aquatic plants are restricted without a permit. In the past, the state has relied upon a "black" list, which stated specifically which plants were banned from import or possession within the state. In fact, Texas will be the only state not utilizing a "black" list once HB3391 takes effect.
Essentially, HB3391 will put Texas aquatic nursery businesses (such as Nelson Water Gardens and Nursery of Katy, TX) at a competitive disadvantage as they will not be able to offer even a portion of the selection of competitors from other states. This will decrease selection for hobbyist consumers within the state as well, who value creative design and individuality as gardeners, which will undoubtedly lead to some lack of interest in such pursuits. The ire that many hobbyist feel over the intrusive nature of HB3391 will also serve to undermine the aquarium hobby, for we as a group feel we have our place in protecting the environment and educating others about the fragility and beauty of nature; and yet this law is a slap in the face to our efforts over the years.
Protecting Texas waterways from invasive aquatic species is of great import, and every effort should be made to protect our natural environment. However, the measures detailed in HB3391 are too drastic and far reaching. The adoption of a "white" list is untested at this point and there is no proof such a system would prove to be any more effective than that of the standard model of "black" lists utilized by every other state. Already, the system has proven to be far too confusing as has been evident in the TWPD's meetings with the public over the last year. Defining which aquatic plants are deemed to be native has not been resolved despite repeated requests for this information. This leaves a large gray area that will inevitably lead to some non-compliance with the law. The burden of defining the law should not fall upon the shoulders of the public; that is why we have legislators. The concept underlying this "white" list, however, is doing just that: leaving the burden of defining compliance too much upon the shoulders of the public and businesses.
We ask that you return to the standard model of defining, clearly and concisely, which exotic aquatic plants are banned from import and possession within the state of Texas, through the use of a "black" list, as every other state does. While the use of a "white" list seems logical on the surface, the fact that its success is unproven, and its ramifications are obviously detrimental to our economy, the use of the more clearly defined and less intrusive "black" list is the more pragmatic path. It is also more responsible and proper legislatively as it does not unduly place the burden of defining compliance upon the public, as does the "white" list in its current state.
I hope I can count on your support to amend HB3391 in such a way that the law still protects the waterways and natural habitats of the state of Texas, while protecting the interests of the aquarium hobby.
Thanks in advance for your assistance.