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Home » 2007 Issues » Weekly Report - 08/02/2007 to 08/08/2007 » 20070808-IR-312060570FRA 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...

  20070808-IR-312060570FRA 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

    Final Rule
    LSA Document #06-570(F)

    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.



    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; filed Jul 10, 2007, 2:15 p.m.: 20070808-IR-312060570FRA)


    LSA Document #06-570(F)
    Notice of Intent: 20061213-IR-312060570NIA
    Proposed Rule: 20070221-IR-312060570PRA
    Hearing Held: March 27, 2007
    Approved by Attorney General: June 28, 2007
    Approved by Governor: July 10, 2007
    Filed with Publisher: July 10, 2007, 2:15 p.m.
    Documents Incorporated by Reference: None Received by Publisher
    Small Business Regulatory Coordinator: Doug Keller, Aquatic Nuisance Species Coordinator, Department of Natural Resources, Division of Fish and Wildlife, Indiana Government Center-South, Room W273, 402 West Washington Street, Indianapolis, IN 46204, (317) 234-3883, dkeller@dnr.in.gov

    Posted: 08/08/2007 by Legislative Services Agency

    DIN: 20070808-IR-312060570FRA
    Composed: Oct 31,2016 11:44:50PM EDT
    A PDF version of this document.
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Document Information

Rules:
312IAC18-3-20