IWGS - Regulated and Prohibited Aquatic Plants List

[chriscoli]

I saw this link posted on Facebook yesterday and found it an interesting resource. Since we can travel a relatively short distance to a sister club's meeting in another state, I try to remember that what's true for Maryland, isn't always true for Virginia or Pennsylvania.

https://iwgs.org/invasive-species/

 

[mchambers]

Good resource!

 

[zendog]

Hmmm.... strange that Purple Loosestrife isn't restricted in Maryland, just VA. That stuff will take over a stand of native cattails very quickly. Beautiful, though.

It is really very interesting to see what one state sees as a problem and another doesn't.

 

[JLW]

I will tell you that that list is not 100% accurate. One area that it is very much so weak on is that certain states, VA among them, restrict "these plants, plus what's on the federal list." So, a plant listed as "FED" is illegal in VA, and will not list VA as restricted.

Walter, MD is a mess right now. They redid the restrictions a couple of years ago, and still have not yet sorted it out.

 

[chriscoli]

I actually read it that if it's restricted at a federal level, it applies at the state level. Is that not so?

 

[mchambers]

I actually read it that if it's restricted at a federal level, it applies at the state level. Is that not so?

That's the way I read it.

 

[Maryland Guppy]

Many that are plant collectors may have invasive species.
This falls on the planted aquarist to not distribute into the wild.

For myself the trimmings end up in a dry out tray that go to the burn barrel.

All of the plants that enter this country through airports devoid of customs?
Mind you this occurs more than one may think.
The responsibility of release into the environment falls upon us, the collector!

 

[JLW]

That is actually not so, unless the state has a specific law restricting items on the Federal list. The Federal laws do not apply to states. Specifically, Federal laws are only able to limit the interstate transfer of materials -- that's why Colorado can make certain Federally restricted plants legal to possess.

It is illegal to import any Federally listed plant, it is illegal to transport them across state bounds, but otherwise, you can do whatever you want, as long as you don't run afoul of the State's law. In Virginia, for example, the state restricts the sale, trade, or cultivation of any Federally listed plant (e.g., Hygrophila). In Maryland, however, you can do whatever you want with it, there's no law whatsoever restricting it. You just can't bring it across state lines.

 

[mchambers]

That is actually not so, unless the state has a specific law restricting items on the Federal list. The Federal laws do not apply to states. Specifically, Federal laws are only able to limit the interstate transfer of materials -- that's why Colorado can make certain Federally restricted plants legal to possess.

It is illegal to import any Federally listed plant, it is illegal to transport them across state bounds, but otherwise, you can do whatever you want, as long as you don't run afoul of the State's law. In Virginia, for example, the state restricts the sale, trade, or cultivation of any Federally listed plant (e.g., Hygrophila). In Maryland, however, you can do whatever you want with it, there's no law whatsoever restricting it. You just can't bring it across state lines.

Sorry, but that's just not true. Congress can regulate anything involved in interstate commerce if it wants. Katzenbach v. McClung, 379 US 294 (1964) (where the Supreme Court upheld the validity of the Civil Rights Act of1964 as applied to a small barbecue restaurant in Alabama).

Now, it appears that the Plant Protection Act only prohibits transfer of noxious weeds across state lines, but Congress could go further if it wanted to do so.

Now back to fishkeeping!

 

[FishEggs]

I dont think Congress can do much of anything these days, except maybe speak untruths about eachother.