Under IC 4-22-2-24, notice is hereby given that on March 27, 2007, at 12:30 p.m., at the Indiana Government Center-South, 402 West Washington Street, Conference Center Room 1, Indianapolis, Indiana the Natural Resources Commission will hold a public hearing on proposed new rule 312 IAC 18-3-20 governing the regulation of Brazilian elodea (Egeria densa), an exotic plant, as a pest or pathogen.

This proposed rule provides protection against the spread of Brazilian elodea in Indiana. Brazilian elodea is an invasive plant that causes ecological damage, reduces recreational opportunities, and can be expensive to eradicate. If prevention, containment, and eradication steps are not implemented in Indiana, Brazilian elodea will quickly spread and establish throughout the state making eradication impossible. This rule is being proactive in stopping the spread of this plant at the initial stage of its invasion. This is much more cost effective than implementing eradication steps as the plant moves throughout the state. If 20% of the lakes 50 acres or larger would become infested, eradication would cost approximately $12 million annually.

Regulated entities affected by this rule would include those in the aquatic plant trade, watercraft removal businesses, anglers, and recreational boaters. Those who sell Brazilian elodea would no longer be able to sell the plant for any reason other than for indoor aquariums. Fortunately, since there are plenty of other aquatic plants with growth characteristics similar to Brazilian elodea, the businesses could replace Brazilian elodea sales with sales of other plants. Entities involved in the aquatic plant trade that are required to eliminate inventory of Brazilian elodea will face a loss of only $1.30 to $2.70 per bunch destroyed. Businesses that remove watercraft, anglers, and recreational boaters will all be affected by this rule because they will have to inspect equipment to be certain that Brazilian elodea is not present. This will not be a large burden placed on these businesses and individuals as it only requires inspection and hand removal of plants requiring possibly 5 minutes of time. No special equipment or material is required to clean Brazilian elodea from aquatic equipment.

Copies of these rules are now on file at the Indiana Government Center-South, 402 West Washington Street, Room W272 and Legislative Services Agency, One North Capitol, Suite 325, Indianapolis, Indiana and are open for public inspection.