Sunset Hygro Illegal???

[James0816]

I just ran across something interesting. I saw mention where Sunset Hygro is illegal? I think I'm a little confused here. If it is illegal, why is it seen everywhere in the trade?

[Kashta]

Yes it's illegal. Some people don't know and others know but ignore the ban.

[BreellaBlue87]

It's illegal to ship across state lines. BUT if you find someone in your state you can buy from them without fear of the LawMan.

[paperdragon]

Wow! I had no idea!

[Kashta]

I didn't catch on right away either. l've bought it myself, twice... not knowing it wasn't supposed to be shipped like that. I've tossed out what I had so I don't forget and make the same mistake when I'm selling plants. It would be nice to have, but there are plenty of other hygros and stem plants we can use instead that don't invite legal risks.

[CBWMN]

It's legal in Texas and a lot of other states.
I once looked at the list and recall that it's
categorized as invasive "NATIONALLY".
I’m not sure if that means it cannot be shipped
across state lines or that it cannot be shipped to
a state where it’s illegal.
I’ll have to look it up again. I think it’s a sticky
somewhere on AC.
Charles

[CBWMN]

Found it:
http://www.aquariacentral.com/forums/showthread.php?t=87887

So does that mean that the Feds can knock on a hobbyist's door and
come inspect his tanks??
Would he or she need a search warrant??

H. Polysperma is not on the Texas list.
Charles

[James0816]

Good point. I noticed on the Virginia list, there are only two plants listed. Not sure what the "National" label means.

I got to looking at other states and for instance another one in the trade is Frogbit. It is on the CA list.

I'm just more concerned with the sunset as I mentioned, I see it everywhere.

[McLendon]

Got a photo of the stuff

[Sploke]

H. polysperma is on the Federal Noxious Weed List. I'm not sure if that means its illegal to even own or not...i.e. if the USDA knocked on your door and found it, would they destroy it all? Would you get fined?

[CBWMN]

There are several kinds. See here:
http://www.aquaticplantcentral.com/forumapc/plantfinder/go.php
Charles

[Bk828]

Fed list most likely means that no one in the US borders can own this plant. At first i thought it was H. Polysperma the sunset variety but not 2 long ago learned it was all forms of polysperma. Though im not sure how this is kept up since the place where i got my polysperma a few years back was from a LFS.

[edh]

Got a photo of the stuff

Google Images works wonders.

[Bk828]

Got a photo of the stuff

http://keys.lucidcentral.org/keys/aquariumplants2/Aquarium_&_Pond_Plants_of_the_World/key/Aquarium_&_Pond_Plants/Media/Images/hygro_poly_rosa_slw_lge.jpg
http://www.plantgeek.net/images/plantpics/hpolysperma.jpg

[Kashta]

My understanding is if it's included on the Fed list, it's banned from shipping anywhere in the US - regardless of whether or not individual states have banned it or allow it internally.

[paperdragon]

Ok, from reading this page I found on the APHIS site, it looks like Federal noxious weeds just require permits.
http://www.aphis.usda.gov/plant_health/plant_pest_info/weeds/downloads/7cfr360-08.txt

[bushwhacker]

what it boils down to is you cannot import, export or dump it in a river or lake... the usda is not going to come to your house and search your tanks

[debaric]

nobody has anything to worry about, just dont be irresponsible and dump it in a lagoon when you trim it. I think the only way to get caught is to call up the federal government and turn yourself in, lol. Even then, I think you would only face a warning and maybe a small fine if that.

[petluvr]

the usda is not going to come to your house and search your tanks
MG and MsJinkzd would probably tell you different:)

[Jag1980]

oops :evil_lol:

[Bk828]

MG and MsJinkzd would probably tell you different:)
Thats because they asked for permits to sell snails i believe..

Had nothing to do with them randomly knocking on someones door to say hey i know you have a fish tank, now lets go check what you have in there

[Mgamer20o0]

there plenty of others out there that have had people knock on the doors. not all of them had permits for shipping snails.

[Kashta]

Ok, from reading this page I found on the APHIS site, it looks like Federal noxious weeds just require permits.

True, but government organizations won't publish a convenient list tellling us what they'll consider applications for vs. what gets denied automatically. Too much work for them to update something like that when there are changes, I guess. So restricted/ban lists are all we get. When something says a permit is required, it doesn't mean applications ever get approved.

For those thinking it's no big deal, you're not going to get caught. All it takes is for the one transaction to come to their attention for them to track down everyone a seller has sold to or everyone a buyer has purchased from. They also do regular searches through forums like ours, Aquabid, eBay, etc. The internet makes this real easy.

Years ago, violators were largely ignored. That's not the case anymore.

[crimsonmoon]

my state does not have it listed as illegal...does that mean that if i were to get some within my state that it would be ok?
im confused, a lot of stuff seems illegal these days

[Mgamer20o0]

if a plant is on the fed list then its illegal for anyone in the usa.... but each state also has their own banned plants.

[j_chicago]

Ive always worried more about my planted tank lights bringing the DEA due to the daylight glow from the front window at night.

[Mgamer20o0]

i do know someone who the cops knocked on his door.....

[Kashta]

Most of the stuff that seems so illegal now has been for many years, Crimson. They just didn't bother to do anything about it before. Now that those bans are being enforced and people are getting visits, are having their livestock/plants destroyed, and are being fined.. we've had to start taking these bans a lot more seriously. That's why we hear about this more often.

[Bk828]

i do know someone who the cops knocked on his door.....


just because they were growing weeds (cough cough) doesnt mean they were growing aquarium weeds :lipssealedsmilie:

[CBWMN]

i do know someone who the cops knocked on his door.....


MG

Do they need to execute a search warrant. I would think so.
I can’t imagine any official authorizing a warrant for such action.

Charles

[CBWMN]

MG

Do they need to execute a search warrant. I would think so.
I can’t imagine any official authorizing a warrant for such action.

Charles


AND I want to clarify. I do not put any livestock or plant
life into the waterways or down the drain.
Someone dumped a Pacu into Ascarate lake in El Paso.
About a year ago an angler caught it and scared the dickens
out of him. Said it "growled" at him. Don't think that's possible.
Charles

[jmhart]

First rule of sunset hygro is you don't talk about sunset hygro :lipssealedsmilie:

[Bk828]

whats this sunset hygro you speak of?

[angelfishlover]

Thank goodness i lived in South East Asia where this plant is native to so it's legal over here to trade.Hmm what other water plants that are illegal in the USA?This thread is getting more and more interesting.....

[paperdragon]

According to the Federal list, limnophila sessiflora (asian ambulia).

[angelfishlover]

Lol that thing isn't allowed too?Wow we have tonnes of those in the LFSes here.Hmm might be bad for the aquarium industry there since these 2 plants makes a great look in the tank.

[fishorama]

According to the Federal list, limnophila sessiflora (asian ambulia).
No, that's non-shedding cabomba in my tank, the good kind, the store told me so :evil_lol:

[debaric]

Hi everyone, I have a few Sunset Hygro stems for sale. I will ship anywhere in the US or world no questions asked. Tell all your friends about it too! I have tonsss of Sunset that I need to get rid of or Ill just have to dump it in the river behind my house.

Thanks

(jk)

[Mgamer20o0]

MG

Do they need to execute a search warrant. I would think so.
I can’t imagine any official authorizing a warrant for such action.

Charles
i let him in nothing to hide. if you dont let them in they can and will do so.

[Jag1980]

According to the Federal list, limnophila sessiflora (asian ambulia).
oops :evil_lol:

[BreezeRuehls]

I always figured if the cops showed up at my door, and were looking for illegal plants, They would look in my closets before my fish-tank LOL!

[Kashta]

Better not ship those across state lines either. lol