Sales of Invasive and Noxious Plants

[skywhitney]

I am thinking about trying to get some Sunset Hygro for my tank and also to supply my lfs with. My problem is that Sunset Hygro is on the federal invasive species list, which means no shipping between states from what i understand. I was looking for any and all info i could get about sales restrictions, procedures, protocals, etc. and personal legal liabilities that selling this plant could have. I want to go about this the safest and smartest way (both personally and for the environment) so any info or direction would be massively appreciated!

 

[Coursair]

I am thinking about trying to get some Sunset Hygro for my tank and also to supply my lfs with. My problem is that Sunset Hygro is on the federal invasive species list, which means no shipping between states from what i understand. I was looking for any and all info i could get about sales restrictions, procedures, protocals, etc. and personal legal liabilities that selling this plant could have. I want to go about this the safest and smartest way (both personally and for the environment) so any info or direction would be massively appreciated!

This was from my post:

Most of you know it is illegal and unethical to release non-Native Fish/Critters into the wild. They can wipe out Native species or become a major pest.

Many of you are new to Planted Tanks. I just wanted to give you a heads up.

Many popular aquarium plants are fast growers and very hardy. Anytime you trim your plants
PLEASE DISPOSE of the trimmings RESPONSIBLY !!!!
Compost pile is great. Nothing where they can reach a water source ! Garbage can, not Toilet. Don't wash out your tank gear near a gutter or sewer.

Also your plants may be completely illegal in some states. If you sell any , know your laws.
Trading some to a club member is fine, just use your head. Don't mail "Noxious Weeds" across state lines.

Be responsible and ask others to be careful so we can keep these plants available.

What is a beautiful centerpiece to us could be a nightmare in your local creek !!!

I love my planted tanks and want to keep my local flora and fauna safe from invasive species !

Thank You
Tina
Member San Francisco Bay Area Aquatic Plant Society

So you can trade or sell it IN your state probably ?, but perhaps not across state lines. Always inform newbies about proper handling and disposal of plant waste and clippings. I'd probably include a brief generic warning with the plant.

 

[blert]

I was speaking to the owner of one of the LFSs near me about this plant last week. I trade him plants for items, store credit, cash, whatever I need that week. He wont touch this plant. Says it is illegal and that every now and then there is actually someone who browses around and inspects his store. If they were to find it he would be in big trouble. Also, if some person were to report him then he would be in big trouble.
The plant is also called "Florida Sunset" right? Guess what? I live in Florida and it is still illegal.

 

[aqua_chem]

Hygrophylla polysperma, and all its derivatives including rosanervig, can pretty much only be acquired from hobbyist within your state. As far as I know possession is not illegal, but sale and cross-state transport is.

The stuff can just grow too fast if left alone.

 

[meegosh]

From our classifieds section sticky:

Federal Noxious Weed List:
Federal Noxious Weeds List | USDA PLANTS

Also, please check the seller's and buyer's state laws regarding banned species. Some states include species that are not on the Federal Noxious Weed list.

State Noxious Weed Lists:
Invasive and Noxious Weeds | USDA PLANTS

I believe aqua is correct. It is not illegal to posses sunset hygro but it is illegal to ship/transport across state lines. Your only option is to buy some locally unfortunately.

I got some from a guy on TPT and didn't realize its federal status until I tried selling some. Got a few nasty PM's on TPT and had to remove the hygro from the package I was offering. Live and learn.

 

[meegosh]

As for the OP's state, New Mexico. It is not on the State Noxious weed list so buying locally could be an option for you.

As for blert, Florida does consider it a Noxious weed (probably due to climate and water everywhere! lol) and is considered a Class 2 Prohibited aquatic plant.

"(2) Class II Prohibited Aquatic Plants – These species are considered to be highly invasive and noxious in localized areas of the State of Florida. These plants may be cultured in a nursery regulated by the Department of Agriculture and Consumer Services pursuant to Sections 581.031, 581.131 and 581.145, F.S., and shall only be sold out of state upon approval by the department. These species shall not be imported or collected from the wild. They must be contained in such a manner so as to prevent the dissemination from the nursery premises."

Source: http://plants.ifas.ufl.edu/caip_files/5B-64.011_ProhibitedAquaticPlantsList_Feb2012.pdf

 

[HN1]

Great info from meegosh there.

I was speaking to the owner of one of the LFSs near me about this plant last week. I trade him plants for items, store credit, cash, whatever I need that week. He wont touch this plant. Says it is illegal and that every now and then there is actually someone who browses around and inspects his store. If they were to find it he would be in big trouble. Also, if some person were to report him then he would be in big trouble.
The plant is also called "Florida Sunset" right? Guess what? I live in Florida and it is still illegal.

"Florida Sunset" is a crypt wendtii variety that has been produced (and trademarked originally I believe) by one of the large Fl farms. They are fairly common from other suppliers now as well since there are always people who propagate the latest & greatest. We have some in two different tanks, seems just as easy as any other wendtii to me.

 

[jetajockey]

Hygro has many names in the trade, and there are variants. I've tried to stay away from h.polysperma since it's extremely invasive here, but there are a few other similar variants that seem to be ok (as in not on the list, yet).

 

[skywhitney]

I really appreciate all the info everyone. I did look up and print out the federal and state noxious lists before i posted this thread. One of my roadblocks is that there seems to be a distinct lack of interest in freshwater aquaria here in NM. The interest is there within the select niche groups but it's VERY limited.

While talking to my lfs they said that they can sell the sunset hygro if they have documentation that it is grown locally within the state which is why they asked if i would be interested in wholesaling it to them (IF I can get ahold of it). Erg, definitely a rock and hard place here :-/

 

[aqua_chem]

Try the local subsections of this forum, TPT, and APC. Might be able to scare something up.

 

[skywhitney]

Try the local subsections of this forum, TPT, and APC. Might be able to scare something up.

Will do. Do you know of any plants that look similar in coloration?

 

[aqua_chem]

What is it exactly about the coloration that you are wanting?

 

[skywhitney]

What is it exactly about the coloration that you are wanting?

I really like the pink with white veins. That's what originally attracted me towards finding some but I'm thinking it would be more hassle and harm than good.

 

[aqua_chem]

Hygrophila difformis 'variegated' is pretty interesting. Unique too.

 

[skywhitney]

so after a lot of thought and consideration i've decided to not pursue the Sunset Hygro. I wouldn't have a problem with it being in my tank but I don't want to be, or feel, responsible for supplying the community with it and it becomes a problem out here.