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Texas to List Acceptable Aquatic Plants

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Post subject: Texas to List Acceptable Aquatic Plants
Posted: Wed Apr 28, 2010 5:48 pm
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Texas to Create ‘White List’ of Acceptable Aquatic Plants
Friday, April 2, 2010, 10 a.m. EST

Marshall Meyer offered advice on responding to legislative and regulatory issues during the NAPP Conference. Much of his message focued on industry players to educate legislators and regulators about the socio-economic impact of their actions in a professional, courteous way.


The Texas legislature in late November ordered the Texas Parks and Wildlife Department to develop a “white list” of exotic aquatic plants acceptable to sell or own in the state without a permit. Due by Dec. 31, 2010, the list effectively would restrict the trade of all unlisted aquatic plants.

Previously, Texas had a list of prohibited plants to deter distribution of plants that could damage the state’s natural environment and native flora. The concern centers on potential invasive species.

The Texas Parks & Wildlife Department was directed to establish procedures for adding exotic aquatic plants to the approved list in the future. Those procedures would include “a thorough scientific risk analysis that results in a determination that the plant does not have the potential to cause significant environmental, economic or health problems,” according to the Texas Parks and Wildlife Department.

Rolf Nelson, of Nelson Water Gardens and Nursery in Katy, Texas, sought support from attendees of the NAPP Water Feature Conference and Expo to help him lobby the Texas Parks and Wildlife Department to ensure that waterlilies were included on the final list, because the absence of waterlilies from Texas would hurt overall pond sales in the state.

As of mid-February, the Texas Parks and Wildlife Department had developed a draft list of exotic aquatic plants, both freshwater and saltwater, under consideration for approval for sale in Texas. The Texas Parks and Wildlife Department plans to evaluate listed plants for their potential risk to Texas aquatic ecosystems.

Nelson wants Texas to add the entire Nymphaea genera to the list. No Nymphaea species are now on the draft list. The state defines exotic aquatic species as species that are not indigenous to Texan aquatic and riparian areas, so presumably most Nymphaea species, and any commercial hybrids, would be considered exotic.

Definitions are everything in understanding in legislation and regulation, said Marshall Meyer, president and general counsel of the Pet Industry Joint Advisory Council, in his NAPP Water Feature Conference and Expo presentation on understanding regulations and government affairs. He recommended that pond and water garden industry members keep each other informed, form state coordinator networks, offer alternative language to provisions they oppose (rather than simply opposing the measures outright) and remain positive and professional.

Meyer also recommended that pond and water garden industry members get to know their legislators and potential regulators and educate them about their businesses. Pond and water garden industry members should promote best practices to minimize issues that could lead to regulations.

PIJAC currently is working with the American Nursery and Landscape Association to develop best practices for the water garden retail industry and pond hobbyists, Meyer said, with possible release of the guidelines by summer.

For the pond and water garden industry, these guidelines likely will recommend correct identification of plants and animals sold, not selling diseased organisms and ensuring shipments, including substrates, are free of hitchhikers such as pathogens, parasites or unidentified plant material. The hobbyist guidelines would address locating ponds away from natural waterways, choosing live plants and fish carefully and understanding local invasive risks.

Other states might pattern similar lists from the Texas list, thereby compounding the potential damage to the pond and water garden industry. “If waterlilies fall in Texas, what is Rhode Island going to do?” asked Cla Allgood, of Wakoola Water Gardens, speaking on a retail panel with Matt Horn, of Matterhorn Nursery, and Nelson.

“Bulrush ain’t going to do it,” Algood said. “Variegated reed won’t sell liners and pumps.”

Nelson said the Texas Parks & Wildlife Department committed to giving a presentation on the project during the International Waterlily and Water Gardening Society Symposium, scheduled for Sept. 16-19 in San Angelo, Texas. That presentation currently is slated for Friday, Sept. 17.

Jim Purcell, of Oregon Aquatics and president of IWGS said Texas would look next at creating a white list for fish. Both Nelson and Purcell said a strong showing at the IWGS presentation in September would help remind the Texas Parks & Wildlife Department of the socio-economic importance of the pond and water garden trade and provide the department access to aquatic plant expertise that would prove beneficial in creating the list.

Nelson said people interested in learning more about the white list may contact him at rolf@nelsonwatergardens or 281-391-4769.

The IWGS Symposium also is taking place during the San Angelo 2010 Lily Fest. San Angelo also houses the International Waterlily Collection of San Angelo, the world’s largest single collection of waterlilies, according to the IWGS.

Ken Landon of the Garden Club of San Angelo and Carl White, San Angelo’s park director, will discuss the creation of the collection. Other event speakers include Brad and Brandon McLane of Florida Aquatic Nursery and Landon on hybridizing waterlilies; Deb Spencer of Water’s Edge, Kelly Billing of Maryland Aquatic Nurseries and Anita Nelson of Nelson Water Gardens on “unusual techniques and unusual plants to add the wow factor” to water gardens; Demi Fortuna of Danner Mfg. on pumps; Billing and Maryland Aquatic Nurseries’ Dick Shuck on aquatic plant rafts and their impact on water quality; and David Curtright of Pondplants.com on botanical Latin.

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