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.
312 IAC 18-3-20 Regulation of Brazilian elodea, a pest or pathogen
Authority:
IC 14-10-2-4;
IC 14-24-3
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)
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: Apr 29,2024 3:23:37PM EDT
A
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