Legislative Alert

Texas Tables Aquatic Plant ‘White List’ Plan

The White List is Dead

Here's the official press release from Senator Hegar's office. Please post on appropriate websites and share with others that you know have assisted us in correcting this wayward legislation. Let Senator Hegar know how much you appreciate his listening to our concerns and making this tough decision. Also, let's offer our expertise to help educate everyone on how to keep the "true bad actors" from becoming problems in our ecosystems.

I thank all of you for your support and comments. A special thanks to all of those who supported the IWGS Symposium with sponsorships. I told you your support was important and it was invaluable. It will continue to be--New York and Maryland are both looking at expanding control over invasive species and we need to become part of the process of crafting good legislation. We have a lot of knowledge to share.

Thank you for your support and I am grateful to know all of you.

Rolf Nelson

FOR IMMEDIATE RELEASE

January 26, 2011

FOR INFORMATION CONTACT

Lisa Craven    (512) 463-0118

Hegar Rejects White List Proposal at Texas Parks and Wildlife Department

State Senator says concept is unrealistic approach for Texas 

Austin, Texas—Today, Texas State Senator Glenn Hegar called on the Texas Parks and Wildlife Department's (TPWD) Executive Director, Carter Smith, to forego further work and cease implementation on the proposed aquatic plant species "white list" and the accompanying rules. Senator Hegar will sponsor a bill during the current legislative session that clarifies this request in statute.

"While I certainly think that a great deal of progress has been made, I am not confident that the arrived-upon proposal is enforceable or realistic for Texas. With the list and rules now complete, it is clear that approval of this measure would severely impact our state's economy and the biofuel, nursery, and gardening industries across the state," said Senator Hegar.

Through House Bill 3391 of the 81st Legislature, TPWD was directed to establish a "white list" of non-native aquatic plants approved for sale or possession in Texas. The process proved onerous as stakeholders continually came forth with new concerns and species not yet included. In September 2010, with the deadline fast approaching and the list not yet complete, Senator Hegar granted the Department a time extension in an effort to ensure that all necessary information was considered in the creation of the "white list."

In his letter to TPWD requesting they forego further work on the "white list", Hegar acknowledged the hard work and countless hours spent compiling a "white list" and commended the Department for their sincere and diligent collaboration with stakeholders throughout the process, but was clear that the project should be abandoned in the face of his and many others strong and decided view that it is simply not a viable solution.

"I don’t believe any of us understood the full scope and significant ramifications that adoption of a white list would present. It is my hope that we can continue to work toward a common-sense solution to prevent the introduction of invasive plants into Texas while still protecting the environment and economy of Texas," Hegar said. "It is vital that we continue to make a proactive effort to ensure that the natural resources across this state are protected for generations to come."

Texas Parks & Wildlife releases a list of Ineligible Aquatic Species.

Possession of these will be illegal after December 31st, 2010.

Nelumbo nucifera is now on the White List and consequently will be legal in Texas.
Great fan and business support to state officials causes a change in the ruling.
We are still working on the marginals so keep those emails and letters coming to officials.

At this point, most Nymphaea species will be added to the approved White List.
However there are still quite a number on the list that are pending risk assessment.

Euryale ferox has now been denied addition to the Texas White List.

Lime Green Taro has now been denied addition to the Texas White List.

This link will give you access to the proposed approved plant list (Aug 31), awaiting a risk assessment plant list (Aug 31) and Ineligible Species List (Sep 7).

http://archive.tpwd.state.tx.us/huntwild/wild/species/exotic/aquatic_plants/

Here is a short but potent list of those already deemed ineligible...
Imperial taro--Colocasia antiquorum
Lime Green taro--- C elena
Umbrella Palm--- Cyperus alternifolius
Mexican papyrus---C giganteus
Dwarf Papyrus---C haspans
Egyptian Papyrus--- C papyrus
Butterfly Ginger--- Hedychium coronarium
Chameleon Plant-- Houttuynia cordata
Creeping Jenny---Lysimachia nummularia

Dwarf Cattail---typha minima
Wedelia--Wedelia trilobata

Included in this list are species of aquatic plants that have been grown in Texas for decades with no environmental or economic harm. Click on the above link to see what other aquatic species are already on the list of ineligible plants.

http://archive.tpwd.state.tx.us/huntwild/wild/species/exotic/aquatic_plants/ineligible_species.phtml#prohibit

Texas Parks & Wildlife is looking for quality information concerning plants on the awaiting risk assessment and ineligible species lists to finalize them. If you have grown these and are alarmed by the course this is taking, then your input is desperately needed.  Please contact TP&W with information about the limited risk these plants pose to the environment and please also copy the information to your elected officials. Please forward your comments or data to Earl Chilton -  and Ken Kurzawski -  as soon as possible.

 

Here is a form letter for you to send to Dr. Chilton and your state representatives if you wish to use it.

Form Letter in Word .doc format.

Here is the link to Texas Senate information...

http://www.senate.state.tx.us/75r/senate/Members.htm

Here is the link to Texas House of Representatives information...

http://www.house.state.tx.us/members/welcome.php

Both of the above links will allow you to type in your address to determine who is supposed to be your representative and how to contact their offices.

If you are concerned then you need to be prepared to email, phone and or snail mail our State Representatives and Senators.
This will severely curtail your options. If you are a hobbyist, you need to let your representatives know of your concern for the future of water gardening in Texas.

If you are a retailer who has grown these, then Jim Reaves, Director of Legislative and Regulatory Affairs of the Texas Nursery & Landscape Association sent the following..."Explain to the elected official or staff that you are a business owner in their District, and the proposed rules are not following the Legislative Intent of HB 3391. Just be up front with them and tell them what this will do to your business. (Jobs, Economic Impact)."

If you do not live in Texas and think this has no effect on you then you are wrong.
Several other states are already looking at White Lists as the way of the future for their states and they will take the work done in Texas into account when developing their own rules.

Here is a form letter for you to send to your friends or customers to help educate them and call them to action.
Feel free to insert you name and/or company in the text to send to all your contacts.

Warning letter in Word .doc format.

Texas Parks and Wildlife Department (TPWD) has been directed by the Texas Legislature through House Bill 3391 to publish a list of exotic aquatic plants, including algae, (ie., all non native aquatic species), which are approved for importation or possession in Texas without a permit. This will be the popularly referred to “White List” of approved plants. TPWD has been charged with compiling and finalizing this list by December 31, 2010. They must also develop rules for procedures for adding exotic aquatic plants to the approved list in the future.

TPWD has already developed a draft listing of exotic aquatic plants under consideration for approval for sale in Texas. This list is far shorter than lists provided by the Florida Division of Aquaculture; Nelson Water Gardens and Nursery, Inc., on behalf of Texas Businesses; and The International Waterlily and Water Gardening Society (IWGS). There is a great deal of concern regarding how the Genus Nymphaea (Waterlilies), will be handled in the new legislation. This Genus is without a doubt the most economically important water garden plant, not just to growers, wholesalers, and retailers of aquatic plants, but to the whole industry. Homeowners want beautiful, blooming, hybrid waterlilies in their water gardens, and it is this desire to have these wonderful plants that result in liners, pumps, filters, lights, and other pond related sales. The current Texas draft list is accessible at iwgs.org. 

As an industry, we need to pay attention to legislation that will affect our businesses and livelihood. Remember the EPA’s restrictive Water-Smart Landscape proposals from 2009? We are a small industry without a major lobby. The IWGS has stepped up in Texas to help monitor the legislation and give an industry response to TPWD. I am chairing the IWGS Exotic Species Legislation Committee to help develop effective responses to pending legislation. I can be reached at for more information.

I invited Dr. Earl Chilton, Aquatic Habitat Enforcement Program Director for TPWD, to make a presentation at the IWGS Annual Symposium in San Angelo, TX September 16-19, 2010.  I have received confirmation from Dr. Chilton that TWPD will be there to make a presentation. It is imperative that our industry “show up in force” for this presentation. It is an opportunity to show the regulators the people this legislation will impact, and to also have a dialog with them. Remember, this type of legislation will affect you and your business in your home state. If your state has not already started on this data, it will soon. The San Angelo event is centered around the most extensive display of Nymphaea varieties in North America, and perhaps the world.  Close to 300 varieties will be on display, including most of the species material found worldwide. This is a great opportunity to make a critical impression on TPWD.  Visit iwgs.org for more details, and plan to attend. 

There is strength in numbers, as evidenced by the response to the EPA last year. The IWGS has already forged relationships with the National Association of Pond Professionals (NAPP) and the Pet Industry Joint Advisory Council (PIJAC) to have a unified response. The IWGS has been encouraged to lead this fight due to its plant based origins. Join IWGS to help us get our point across in developing these new regulations so we can continue to provide the enjoyment that a well planted water garden gives us. Visit iwgs.org and click on Membership on the Home Page and JOIN!

Rolf Nelson