La. Admin. Code tit. 76 § VII-1101

Current through Register Vol. 50, No. 9, September 20, 2024

Section VII-1101 - Invasive Noxious Aquatic Plants

A. Definitions. The following words and phrases for purposes of these regulations shall have the meaning ascribed to them in this Section, unless the context wherein the particular word or phrase is used clearly indicates a different meaning.

Department-the Louisiana Department of Wildlife and Fisheries or an authorized employee of the Department.

Invasive Noxious Aquatic Plant Permit-the official document that identifies the terms of and allows for the importation, transportation or possession of any of the listed prohibited aquatic plants.

Listed Plant-any of the listed invasive noxious aquatic plants.

Permittee-person or organization that possesses a valid permit to possess, import or transport invasive noxious aquatic plants. A permittee may represent himself, a business, corporation or organization. The permittee is responsible for compliance with all stipulations in the permit.

Secretary-the Secretary of the Louisiana Department of Wildlife and Fisheries.

B. Importation and Transportation of Invasive Noxious Aquatic Plants; Permit Required

1. No person shall at any time import or cause to be transported into the jurisdiction of the state of Louisiana, from any other state or country any of the invasive noxious aquatic plants identified below, without first obtaining an Invasive Noxious Aquatic Plant permit from the department and complying with all rules, regulations, and conditions associated therein. Prohibited invasive noxious aquatic plants:

a.Aeschynomene fluitans (giant sensitive fern);

b.Casuarina spp. (Australian pine);

c.Egeria densa (Brazilian elodea);

d.Eichhornia azurea (rooting water hyacinth);

e.Elodea canadensis (elodea);

f.Hydrilla verticillata (hydrilla);

g.Hygrophila polysperma (Indian swampweed);

h.Ipomoea aquatica (water spinach);

i.Lagarosiphon major and Lagarosiphon muscoides (African elodea);

j.Landoltia punctata (giant duckweed);

k.Limnophila sessiliflora (Asian marshweed);

l.Lythrum salicaria (purple loosestrife);

m.Marsilea minuta and Marsilea mutica (water clovers);

n.Melaleuca quinquenervia (kapok tree);

o.Monochoria hastata and Monochoria vaginalis (false pickerelweeds);

p.Myriophyllum spicatum (Eurasian watermilfoil);

q.Najas marina (marine naiad) and Naja minor (slender naiad);

r.Nymphoides cristata, Nymphoides indica, and Nymphoides peltata (little floating hearts);

s.Ottelia alismoides (duck lettuce);

t.Panicum repens (torpedograss);

u.Pistia stratiotes (water lettuce);

v.Rotala rotundifolia (roundleaf toothcup);

w.Salvinia spp. (salvinia);

x.Trapa natans (water chestnut);

y.Solanum tampicense (aquatic soda apple);

z.Urochloa mutica (paragrass).

C. Permits may be issued by the Secretary of the Department of Wildlife and Fisheries or his designee for the importation, transportation or possession of any invasive noxious aquatic plant for the purpose of conducting scientific investigations.

1. Application Requirements

a. Individuals wishing to import, transport, or possess any listed plant for the purpose of conducting scientific investigations in Louisiana must first request an Invasive Noxious Aquatic Plant permit from the department through an application form furnished by the department.

b. Site visits will be made to inspect the facility and determine if all possible safeguards have been taken to prevent escape into the natural habitat.

c. The department shall ensure that the applicant is furnished with a copy of the terms and conditions pertaining to the importation, transportation or possession of any of the listed plants.

d. The secretary or his designee shall notify the applicant in writing as to whether or not the permit has been granted and if not, the reasons therefore. In the event of disapproval, applicants may re-apply after meeting department requirements.

2. Terms and Conditions of Permit

a. Permits are not transferable from person to person or from site location to site location.

b. Specimens of the listed plant(s) shall be handled deliberately, cautiously, and in controlled settings to avoid contamination of state habitats.

c. Specimens shall be processed and grown within the confines of controlled facilities (growth chambers, greenhouses, laboratories, etc.).

d. Reproductive parts of plants (seeds, tubers, roots, etc.) that are collected in the field shall be transported in double zip lock bags such that the reproductive part cannot escape en route.

e. A U.S. Department of Agriculture (USDA) permit shall be required to import and possess specimens of prohibited plants from other countries and such plants shall be sent through a USDA inspection center at a port of entry as described by the USDA permit.

f. Before processing, the plants or plant parts shall be stored in a locked office or laboratory. Only qualified individuals shall have access to these materials.

g. Any part of the plant used for molecular work shall be subjected to a departmentally approved procedure that will render the plant material incapable of further growth or reproduction.

h. Specimens to be used for environmental studies (e.g., climate, shading, etc.) shall be grown in pots within the confines of growth chambers or greenhouses.

i. After the experimental work is completed, all plant materials, and the soil within the growth pots, and the pots shall be sterilized in some manner (e.g., autoclaved) to kill any remaining seeds or living plant material to render the plant material incapable of further growth or reproduction.

j. All collections by and shipments to or from the permittee shall be reported to the department one week prior to said collections or shipments. Information to be included shall be the type of material (whole plant, leaves, seeds, etc.) and the quantity collected or shipped.

k. The disposition of the plant material at the conclusion of the experimental work shall be reported to the department.

l. Personnel from the department shall have the authority to inspect the facility and operation with 24 hours notice.

La. Admin. Code tit. 76, § VII-1101

Promulgated by the Department of Wildlife and Fisheries, Office of Fisheries, LR 33:536 (March 2007), amended LR 35:1140 (June2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 56:328 (C).