Plant Permits

[dennysfishroom]

Does anyone know if we need a permit to buy (transprt) aquarium plants in Arkansas? I was looking, but each time I tried to follow a thread it started talking about US Customs inspections. Denny

[etheonut]

It will be species dependent. I would contact the Arkansas Fish and Game.

Kevin

[mewickham]

You might also want to check federal noxious weed statutes for the species in question. Somewhere, there is a government site about that stuff, but I don't have a link handy.

I can't imagine that you'd need any permits to "buy" or "transport" the varieties sold in aquarium stores intrastate. I don't know the laws on shipping out of state, and the laws of the destination state would also come into play on that.

[etheonut]

Actually, aquarium stores don't usually know what plants they have in their stores as they are sold under common names or misnamed. The law doesn't care if you don't know that the species you are transporting is illegal to posses. On a related note, when was the last time you were stopped on the interstate as part of a massive "noxious weed sting" after leaving an aquarium shop.

Kevin

[mewickham]

Kevin, unfortunately, you are right that stores may not even know what plants they have. I was working under the assumption that the plants they have most likely came from a grower (probably via a wholesaler) that does know. The growers know the laws and would not ship plants that could get their business closed down. So I'd feel completely safe buying in an aquarium store and transporting it home. Shipping out of state is another ballgame, though. A grower might know it's legal to ship a species to a store in Arkansas, but that same species might be illegal in a neighboring state. So, just because one buys it legally locally doesn't mean it is legal to ship. Apple snails are another item in this boat. Federal law now prevents interstate shipment of them. It does not cover intrastate.

Of course, the tiny plant selection in local shops make this discussion almost moot in NWA!

[snakeskinner]

I've seen plenty of illegal plants and snails in local shops, especially pond stores. many of them just have a funky name on them so people won't know what they actually are too. I see a lot of "mystery snails" that turn out to be true "apple snails" in chain stores as well.

BTW, I havn't read up on it lately but I had heard that the laws against interstate snail transportation was dropped or changed... have you checked lately? where do you even find that information? Kyle

[mewickham]

I haven't checked lately. I researched the new snail law for an article back in 2007. I don't recall my exact sources, but I'm pretty sure they were largely government web sites, such as USDA and the invasive species site. Applesnail.net is another good source for snail info that I probably used, and I probably also used PIJAC, the Pet Industry Joint Advisory Council site. Their sole purpose is to monitor regulations that affect the pet industry.

I have been wondering, though, if the law had changed again. I've seen elephant snails and Asolene spixi, and some others showing up in stores. These were not previously available in the hobby.

Here is the appropriate text from my snail article, as originally submitted. If the law has since changed, it will no longer be accurate:

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Let me say this straight out. Well-meaning people can be idiots! I’m talking about people who introduce non-native animals into local habitats. The consequences can be disastrous. In Asia, apple snails, introduced into ponds to be grown for human consumption, escaped to destroy rice paddies. Apple snails are extreme herbivores. In the U.S., apple snails have shown up in California and Texas, and Colombian ramshorn snails in Florida—probably released by well-meaning hobbyists who were tired of keeping them. We also have Malaysian needlepoint snails showing up in southern states. This species can be an intermediate host for the human lung fluke.

Never release aquarium specimens—plant or animal—into the wild! Ever! Your well-meaning intention risks decimating local habitats, spreading disease, and giving reason for yet another plant or animal to become regulated or outlawed in the aquarium trade. Donate unwanted specimens to a friend or pet store, or destroy them instead.

The USDA has recently decided to crack down on snail sales, since some snails are plant pests and others can carry diseases that affect humans. This has had varying effect on snails in the aquarium trade. Importation of live snails has been outlawed completely. Snails may no longer be imported for use in your home aquarium. Fortunately, the Florida fish farms have well-established stock of the snails sold in the trade, and supplies should not be affected, except for apple snails. (More about that in a moment.)

Snails may no longer move across state lines without a permit. Suppliers must now obtain a free USDA permit for each state to which they want to ship snails. It’s good for three years. The permits allow suppliers to continue shipping most snails, but add a substantial paperwork load. Suppliers will have to keep records, mark invoices with permit numbers, and inform customers of the regulations. Undoubtedly, this burden will drive up the price of snails from some suppliers, and cause others to discontinue them as too much trouble.

Most affected are snails in the apple snail family (Ampullariidae). The USDA says it will not issue permits for apple snails of the genus Pomacea, except for the mystery snail (P. bridgesii). The mystery snail is the only snail in the genus that is not a plant pest. Since it can be difficult to differentiate amongst Pomacea species, especially juveniles, the USDA will only issue permits for mystery snails of 1.4 inches (3.5 cm) or larger.

The bottom line is this:

1. Hobbyists will no longer be able to obtain apple snails. One USDA official said it is also illegal to own apple snails, but that may be her misinterpretation of the regulation, since it only seems to control importation and interstate traffic. She also said that the USDA would probably ban Colombian ramshorn snails soon, too.

2. The hobby’s other snail species remain available, though they’ll, no doubt, become less available and more expensive, due to the added regulations.

[Jackielee]

With all the real world problems and issues there are in this country I am amazed some beaucratic DA's are wasting their time and our tax dollars worrying about aquarium pets and pest. Some of these agencies need to be eliminated and the people put to work solving some real problems. We should all be so proud to be Americans knowing our world is safer because they are restricting the sale of snails to aquarium hobbyists. Bin Laden is safe fro now. ! Give us strength.

Jack

[mewickham]

The government is ridiculous in its overkill, but the bottom line is that these regulations are usually the result of hobbyists and others giving ammunition by releasing animals into the wild. Remember the "frankenfish" incident in Maryland a few years back? Some idiot release green snakeheads into a local pond. They reproduced. Now it's illegal to buy ANY species of snakehead.

We should all do our parts to get the word out to NEVER release any pet animal into the wild. EVER. Sell it. Give it away. Trade it. Destroy it. Or eat it. But don't release it.

I'm just happy that our government at least bans plants and animals on a piecemeal basis. Australia practically bans importation and exportation of them all.

[snakeskinner]

In many cases it is a hobbyist but in most cases, it's something else. The snakeheads were traced back to a man who had released them following some sort of tradition. I forget exactly what Asian culture it was or what tradition it was but it was something to do with good luck or fertility or something... It just so happened he released a male and female which started the problem. There have also been Giant snakeheads showing up along the east coast rivers and I don't think they had traced them back to a source. Then you've got the Asian Carp which were traced back to a man in Arkansas who had been raising them in a private pond hoping to create a market to sell them for consuming algae in sewage ponds. Then there was a flood that connected his pond to the nearby river and now they are actually a dangerous hazard for boaters along the Missouri river and its tributaries. They have actually caused people to discontinue skiing on the rivers due to the hazard of flying 30lb carp into the air. Boaters have been knocked unconcious and have been knocked out of boats from these fish. Not only that, but they have multiplied so fast that they are starving out most of the native fish, espcially the likes of the paddlefish which has already had enough problems with other man-created hazards for them. Then you have the Tilapia all over the Southern states that have escaped from fish farms both for aquarium and food usage. Granted, not all Tilapia are a problem but the USDWF usually takes the approach "better safe than sorry" in most of these cases. Sure, there are some I disagree with but a lot of them are warranted. I've been meaning to get in touch with the Oklahoma DWF and try to partner the OKAA up with them to possibly share us as a resource for them. Many clubs have done this and will gain access and information to things they wouldn't normally have. For instance, there are a couple groups that have gone out with the USDWF to study the Devils Hole Pupfish as well as surrounding waterways and also helped to remove any introductions of fish such as largemouth bass to these ponds which have endangered or wiped out many of the pupfish species in Ash meadows. These areas are restricted to normal people but by helping out, they were granted the opportunity to view them. There are also clubs in the Southeastern states that have gone out with the DWF to remove non-native fish, especially in Florida where many fish farms have had fish escape from their ponds in one way or another. I hope we can help do some sort of habitat reconstruction, study or something here in the state of Oklahoma and also maybe have them come and do some presentations for our club over various subjects. I know Gerald had lined up someone to talk to us about paddlefish but I'm not sure if that ever happened.

I would also like to get involved with the banned fish list in Oklahoma and possibly influence some changes. Both in removing fish off the list and adding some. My #1 goal is to have Pacu made illegal, both in Oklahoma and nation wide if that were possible. That is the only tropical fish that is caught in Oklahoma ponds and lakes. I don't know if they can breed here but I bet if enough of them were turned loose in a larger lake, they would find a way. Of course the news always reports that a Pirahna is found in a local lake and that it has "teeth like a human" which immediately lets me know it's a Pacu.. I wish the hobby would just become responsible but unfortunately as long as there's a buck to be made, someone will exploit it, no matter the consequence. Kyle