mrakhnyansky

I would like to buy HYGROPHILA 'SUNSET'.
If you have this plant, or know someone that has it please PM me, I would buy few stems.

maverickbr77

its a federal noxious weed so its illegal to buy or sell it

Seattle_Aquarist

Yes, Hygrophilia polysperma is classified as a "noxious weed" by the U.S. government.

Actually it is not illegal to buy or sell noxious weeds however it is illegal to ship them across state lines without a federal permit.

maverickbr77

seattle it is illegal to buy, sell, exchange in any way without a permit which I hear is nearly impossible to get.

from the federal noxious weed act: Movement of Noxious Weeds Into or Through the U.S. - No person may import or move any noxious weed identified by regulations of the Secretary into or through the U.S. except in compliance with the regulations, which may require that permits be obtained. No person may knowingly sell, purchase, barter, exchange, give, or receive any noxious weed moved in violation of these provisions or deliver or receive for transportation any advertisement to sell, purchase, barter, exchange, give, or receive a noxious weed whose movement is prohibited. § 2803.

Michael

OK, these regs are tricky, and you have to read the fine print. Federal law says that you cannot import the plant, or move it across state lines. Within a state, if the state law does not prohibit possession, sale, purchase, etc. you can transfer it.

This leads to the bizarre situation that we can possess, sell, trade, and move the plant around in Texas, but we can't take it to Louisiana. The species actually has escaped in Texas, and now infests some our most spectacular spring-fed rivers in the central part of the state.

Even where it is legal, it must be handled with great care.

maverickbr77

Can you quote, or point me to a discussion on, were the law states that it only pertains to interstate commerce, from my reading I don't see that. It is also my understanding that a federal law would supersede any local laws and it does state that "no jurisdiction may permit any action prohibited under the Act." It may be that the federal law is only effectually enforced on interstate commerce but I don't see where the law leaves an allowance for intrastate sale.

I'm not trying to argue it to prove I'm right I am just interested to get to the truth of the matter.

Seattle_Aquarist

+1 Michael; that is the way I understand it as well.

I wasn't aware that interstate shipping was permitted with a federal permit until I looked it up this afternoon.

Michael

My information came from a specialist in invasive exotics with Texas Parks and Wildlife. We had extensive discussions several years ago with them as the state was planning to create a "white list" regulation that would have effectively banned 80% of aquarium plants. The plan was dropped because of extensive opposition by many groups, including agriculture and bio-fuel companies.

So Texas returned to the previous regulation, which permits federal noxious weeds if they are not specifically prohibited by state law. This is far from ideal, as some noxious aquatic weeds are prohibited (water hyacinth), but others are not. And of course, no one enforces the regulations requiring Bubba to wash his bass boat when he hauls it from one lake to another.

maverickbr77

cool thanks Michael I was actually about to email some of the NYDEC, PGC, and NHF&G people I have worked with the last couple of years to see what they had to say on it.

Michael

Go ahead and email them, I am always interested in more information on how various agencies handle invasive exotics.