20070221-IR-312060570PRA Adds 312 IAC 18-3-20, under the article pertaining to entomology and plant pathology, to regulate Brazilian elodea (Egeria densa), an exotic plant, as a pest or pathogen. Effective 30 days after fili...

TITLE 312 NATURAL RESOURCES COMMISSION

Proposed Rule

LSA Document #06-570

DIGEST

Adds 312 IAC 18-3-20, under the article pertaining to entomology and plant pathology, to regulate Brazilian elodea (Egeria densa), an exotic plant, as a pest or pathogen. Effective 30 days after filing with the Publisher.

312 IAC 18-3-20

SECTION 1. 312 IAC 18-3-20 IS ADDED TO READ AS FOLLOWS:

312 IAC 18-3-20 Regulation of Brazilian elodea, a pest or pathogen

Authority: IC 14-10-2-4; IC 14-24-3

Affected: IC 14-24

Sec. 20. (a) Brazilian elodea (Egeria densa) is an exotic plant that has infested Indiana lakes, rivers, and other waterways in Indiana.

(b) Brazilian elodea is a pest or pathogen regulated under this section. This regulation applies to any life stage of Brazilian elodea.

(c) Except as provided in subsection (e), in Indiana a person must not do the following:

(1) Possess, sell, offer for sale, gift, barter, exchange, or distribute Egeria densa as an outdoor water plant.

(2) Allow Brazilian elodea to infest any of the following:

(A) A lake.

(B) A river.

(C) A pond.

(D) An outdoor water garden.

(E) A waterway.

(3) Transport Brazilian elodea on or within any of the following:

(A) A boat.

(B) A trailer.

(C) A motor vehicle.

(D) A bait bucket.

(E) Fishing gear.

(F) A creel.

(G) Tackle.

(H) A tackle box.

(I) Another aquatic appurtenance.

(d) A property owner who has Brazilian elodea in an outdoor environment must take lawful efforts to eliminate this species.

(e) Exempted from this section are the following:

(1) A retail or wholesale business that sells Brazilian elodea for use within an indoor aquarium.

(2) A person who possesses Brazilian elodea within an indoor aquarium.

(3) A person who possesses Brazilian elodea under a permit issued by the state entomologist for scientific research, a contained use, or education.

(4) A person engaged in a project approved by the state entomologist for the destruction of Brazilian elodea.

(f) The state entomologist may issue a permit to a qualified applicant to engage in scientific research, a contained use, or education. If appropriate to the purposes of this section, the state entomologist may issue an order to modify a permit issued under this subsection.

(Natural Resources Commission; 312 IAC 18-3-20)

Posted: 02/21/2007 by Legislative Services Agency

DIN: 20070221-IR-312060570PRA

Composed: Oct 31,2016 11:38:36PM EDT

A PDF version of this document.