Section 312IAC18-3-13. Permit to move, plant, or distribute Rosa multiflora or Lythrum species

   (a) This section governs the anthropogenic movement and distribution of Rosa multiflora and Lythrum species in Indiana.

  (b) Except as provided by this section, a person must not plant Rosa multiflora in Indiana.

  (c) Except as provided in this section, a person must not sell, offer for sale, give away, or otherwise distribute seeds or plants of any species of Lythrum (commonly known as purple loosestrife) in Indiana.

  (d) A nurseryman whose nursery has been inspected and certified under IC 14-24-5, and who holds a nursery dealer's license issued under IC 14-24-7, may plant Rosa multiflora for use as grafting stock in growing roses in the nursery subject to the following conditions:

(1) The nurseryman informs any division inspector who inspects the nursery of the presence of, and every site where, the grafting stock is located.

(2) Except upon written permission by the division director, Rosa multiflora is not sown or grown in the field as nongrafted stock. The written permission shall be noted on the nursery certificate at the time the nursery is certified.

  (e) Species of Lythrum native to Indiana may be sold or distributed for an approved project or activity according to a prior permit issued as follows:

(1) An application must be completed by the permit applicant on a department form and delivered to the division. This application shall include the following:

(A) The scientific name of the species to be sold or distributed.

(B) The character (examples include marsh, upland, dominant shrub habitat, and mixed forest) of the site where the species is to be taken.

(C) A topographic map of the site clearly marked to indicate the specific site to which the plant material is to be taken.

(D) The source of the plants to be distributed.

(E) Certification that the plants are not hybrids of Lythrum salacaria or Lythrum virgatum. The certification may be verified by a person identified by the division of nature preserves of the department or by gene testing methodologies through qualified laboratories. The applicant is responsible for the cost of certification.

(2) Permits will be considered on an individual site or site and project basis.

(3) Unless otherwise specified, the duration of a permit is ninety (90) days.

  (f) The state entomologist may issue a license to a person to obtain and possess Lythrum as follows:

(1) The person may lawfully possess the Lythrum solely for one (1) or more of the following purposes:

(A) The production of biological control organisms directed to Lythrum growing in the wild.

(B) Research into the biology of these biological control organisms.

(C) Related educational programs.

(2) A person issued a license under this subsection must take reasonable precautions to prevent the release of seeds or other viable parts of the Lythrum plants to the wild. Disposal of plants shall, if practicable, be performed by incineration. If facilities to incinerate plants are not available, the plants must be disposed at sites already heavily infested with species of Lythrum that are not native to Indiana.

(3) The state entomologist may place any conditions on the placement of a license that are determined necessary or appropriate under IC 14-24 or this section. Included among these conditions are the following:

(A) A requirement the applicant act under the auspices of a regional program sponsored by a biological control laboratory.

(B) A requirement the applicant obtain written permission from a landowner before digging or removing plants to be possessed under the license.

(C) A requirement the applicant display a copy of the license at the site where the Lythrum plants are being grown.

(4) A license issued under this subsection also authorizes a program coordinator to provide to the license holder Lythrum plants that include biological control organisms.

  (g) A person is subject to a civil penalty of five hundred dollars ($500) for each site where Rosa multiflora or Lythrum is maintained or distributed in violation of this section. Each year that the species is maintained or distributed constitutes a separate offense. In addition, a person may be required to destroy any unlawful plants and to restore and reclaim the site with native or other approved species. (Natural Resources Commission; 312 IAC 18-3-13; filed Nov 22, 1996, 3:00 p.m.: 20 IR 952; filed Mar 23, 2001, 3:00 p.m.: 24 IR 2403; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; readopted filed Sep 19, 2008, 10:23 a.m.: 20081008-IR-312080076RFA; readopted filed Jul 17, 2014, 3:48 p.m.: 20140813-IR-312140105RFA)