# Is Hygrophila polysperma really illegal?



## Jeremy S (Feb 4, 2004)

I just received my aquarium garden newsletter and I found this note in it. 



> USDA bans Hygrophila species.
> 
> We regret to inform you that less than 2 weeks ago
> the United States Department of Agriculture issued
> ...


Has anyone else heard of this? Do you know why they are banning them? Thanks.


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## pedietz (Dec 18, 2003)

They grow fast.

One small 8 inch bunch will literally grew into a 3ft x 3ft x 3ft shrub.

If you plant one bunch into the mississippi river, it would soon reroute the entire river and kill off New Orleans...


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## Jeremy S (Feb 4, 2004)

Ok, that’s what I thought. I guess you won’t have to worry about that in Colorado though. :wink:


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## rumples riot (May 29, 2003)

I would contact the dept directly. That sounds like a April fools joke that was circulating on April 1 this year.

Paul


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## Thooshe (Dec 11, 2003)

I don't think it's a joke. I used to sell it to my LFS and they told me they could no longer take it because it's illegal to sell. The same with scarlet hygro.


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## Opiesilver (Nov 3, 2003)

It's only illegal to sell in Florida and maybe a couple of other southern states that have warm water year round. It can't withstand the cold waters up north.


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## Thooshe (Dec 11, 2003)

Actually it is on the federal noxious weeds list. According to the usda website, that makes it illegal to transport or sell anywhere in the US.



> FEDERAL NOXIOUS WEED LIST (FN)
> Federal noxious weeds are listed in the Code of Federal Regulations, title 7, section 360.200. According to the Federal Noxious Weed Act, Title 7, Chapter 61, section 2803, federal noxious weeds may not be imported into or through the United States, unless in accordance with conditions allowed by the USDAAPHIS. The sale, purchase, exchange, or receipt of federal noxious weeds is illegal.


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## Opiesilver (Nov 3, 2003)

Yep, and that is why it's controlled in certain states, but not all. Otherwise the USDA would stop the production of these plants at nurseries all across the country. This is one of the species that fall into their controlled distrobution list. It's not a total ban.


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## aquaphish (Dec 20, 2002)

WOW!!! I've been selling it at aquabid.com along with others!!! Please post a website address that I can check out.


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## SueNH (Feb 25, 2004)

I saw the same note and went to the aphis site where the gov. posts the plant and livestock info. Little confusing but it looks like it's been on the noxious weed list since the year 2000. States have the option of adopting the list and banning plants or not. States also can pick and chose the plants they choose to ban.
I remember at one point water hyacinth was banned in New Hampshire. Took years for them to figure out it didn't have a chance surviving. Now you can buy it. My pond stays too cold for it to grow much even in July and August.

Threw some extra sunset hygro in the pond last week because I couldn't even give it away and the water temp killed it almost immediately. Was mush in an hour.

Here's the aphis site. You can muckle through it and try to figure them out.

http://www.aphis.usda.gov


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## Robert H (Apr 3, 2003)

It is on the Federal noxious weed list, which means it is illegal in all 50 states, not just Florida. It has actually been that way for quite some time, but some distributors had special permits to sell the plant. The USDA is no longer issueing or renewing the permits. The USDA is now going into pet shops looking for the plants and if they find them, they are asking the stores where they got them from. The USDA is also starting to come after Internet sellers, and there is talk they will next be going after EBAY sellers. Hygrophila polysperma, (either green or sunset) and Lymnophila sessiflora are the main plants they are most concerned about, but there are others. I have discontinued these plants, as I can not afford the $10,000 fine or to go to jail for selling a plant thats only worth a buck.

And Del, Gene tells me Florida Aquatic Nurseries permit expires soon, and they do not expect it to be renewed. That makes it pretty much a total ban. They even hold the patend on "Sunset Hygro" I know a couple internet guys who got popped. I won't be one of them.


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## Leipo (Jan 28, 2004)

:shock: 

luckily we don't have such problems here in The Netherlands


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## ^iMp^ (Oct 12, 2003)

...and suddenly, I look at my hygrophilia plants in a whole new light.

^iMp^


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## Jeremy S (Feb 4, 2004)

Wow, I’ll have to keep my Hygrophila healthy. It’s a shame they had to ban it since it is such a nice plant.


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## urbanspectrum (Feb 19, 2004)

psst psssst, hey you **opens coat** want to buy some hygro, Its the real deal man, some good stuff. tell you what for you only $2.99 a bunch.

Want some?


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## aquaphish (Dec 20, 2002)

OH S***!!!

I just sold some on Aquabid.com but have not sent it yet!!! Maybe I need to contact the buyer and inform him "NO DEAL!!!"


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## Thooshe (Dec 11, 2003)

I am just glad I got some before the ban.


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## Sedghammer (Jan 5, 2004)

Im getting some anyway....


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## wellbiz (Aug 6, 2003)

According to the USDA website and I quote "The sale of this plant is prohibited in Florida. Also in Texas and Virginia (14). " 

All the plant retailers I can find still list it.... Of course Limnophila sessiliflora is also on the list which is sold everywhere too....

The USDA website didnt have the new ruling on it that I could find....

Jason...

P.S. It is a shame as it is a pretty plant....


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## mm12463 (Nov 22, 2003)

About a month ago my LFS had a note on the tank that the batch of polysperma they had in the tank was the last they would get. I am pretty sure they get their plants from Florida Aquatic Nurseries. Sucks since it is such a great plant to start a tank out and looks nice.


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## jake (Feb 20, 2004)

I threw out a rather large plant not more than three days ago, LOL. Oh well, still got a little bit in the tank.


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## corigan (Feb 22, 2004)

jake said:


> I threw out a rather large plant not more than three days ago, LOL. Oh well, still got a little bit in the tank.


Then you have enough to outgrow your tank in a 2 week period. 

Matt


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## Opiesilver (Nov 3, 2003)

LOL!!!


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## Magnus (Jul 12, 2003)

Here's my theory and please correct my if I'm wrong. This plant is illegal to sell, but it is legal to trade. So in the future, if you want this plant, just trade with people, of ask someone to give it to you. No need to panic.


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## Urkevitz (Jan 12, 2004)

I guess I won't be throwing my ambulia or hygro out.


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## jake (Feb 20, 2004)

"The sale, purchase, exchange, or receipt of federal noxious weeds is illegal. "

Trading it , whether you are the trader or the tradee , or giving it to someone for free or receiving it for free both fall under exchange or receipt.


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## ming (Dec 6, 2003)

jake said:


> "The sale, purchase, exchange, or receipt of federal noxious weeds is illegal. "
> 
> Trading it , whether you are the trader or the tradee , or giving it to someone for free or receiving it for free both fall under exchange or receipt.


ofcourse, if you're close enough to the person and handle the trade in person, its only illegal if you get caught
ofcourse, not that I would do it  , but as long as its responsible owners of this plant, I dont see anything wrong with that
And if you already have this plant, does that mean its totally legal to have?


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## scott1000 (Apr 20, 2004)

Yikes, I just recieved some sunset hygro from somebody on this forum a few weeks ago. I guess this means that we can't pass this stuff on over this forum anymore?


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## GDominy (Jul 30, 2002)

That is definately a good question. I think that for legal purposes it would be best to avoid the sale, or trade of this plant in the United States.

Now... North of the border.. thats another story ;-)


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## scott1000 (Apr 20, 2004)

Haha, it's funny because normally the people in Canada are upset because we can't send y'all plants. Maybe we can smuggle plants to y'all and then on the return trip bring more of these down.


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## GDominy (Jul 30, 2002)

The rules governing cross border traffic of flora and fauna are very strict. This is actually something I would dare not attempt (and I have brought a few things across the border in my day that I shouldnt have).

Live and learn!


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## Shakey (Dec 7, 2003)

Wow that is really aweful. I had green hygro for a while and its easy but I have VERY bad luck with sunset. I just only have 2 stems of sunset just barely hanging on. Looks like I am going to have to pull our some magic and gets these to grow 

Looks like I am off to petstores big time to see if I can find anymore before its all gone. I hope there is something that can be done, cause I really like sunset even tho I have a hell of a time growing it.


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## aquaphish (Dec 20, 2002)

Illegal Plant!!! Does the government think we're going to smoke it!!! LOL!!! then the unburnt stems fall into the riverbed and start a chocking growth which will kill all the other non-native plants growing along the riverbeds of the USA!!!


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## Bert H (Dec 15, 2003)

So if you go to the river (N Fl has tons of it) and take some home, are you then breaking the law?


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## ming (Dec 6, 2003)

Bert H said:


> So if you go to the river (N Fl has tons of it) and take some home, are you then breaking the law?


If you get caught, just say you're helping the government by manually picking those plants out of the river :lol:


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## Mori (Jul 23, 2003)

Aquarists need to develop a code word. For example, in CA, where ferret ownership is illegal, to find a vet one must casually ask if the vet deals with "Long Skinny Cats".

USDA-APHIS usually has good reason for banning stuff.

Just be good and be extra careful that your clippings have no way of reaching a waterway. Even if you're up north, don't be too careless. There are some major shipping routes in the Great Lakes and ships use water for ballast...you never know what's going where.

Refer to Australia and Opuntia, the textbook example of imported weeds gone bad.

I think it's also illegal to transport apple snails (or any snails?) across state lines without proper APHIS paperwork but it doesn't seem to affect eBay. I haven't heard of any enforcement, and I don't think they really will bother enforcing bans on aquarium flora and fauna, but if they start spreading, USDA might get an attitude.


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## Kris (Feb 27, 2004)

anybody seen the kudzu in florida? maybe it's better to ask, has anyone seen florida under the kudzu?  
i bought some hygro months ago and did not have the correct wpg to keep it alive in my tank, so it died a horrible death. then i discovered that it is a noxious weed in texas.
imagine the ego boost that was.
 
kris


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## Mori (Jul 23, 2003)

yer doing the government's work! good for you! hehehehe


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## Kris (Feb 27, 2004)

i hadn't thought of it that way! :lol: 
anyone want to exterminate the noxious weed, send it my way--
i'm the expert! roud: 

kris


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## Aquaman (Dec 16, 2003)

Hygro Polysperma for sale $$. CHA_CHING! 




Stupid laws are MEANT to be broken.


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## Momotaro (Feb 21, 2003)

I am not sure it is a stupid law Aquaman. 

Look what has happened to the Great Lakes with the introduction of the Zebra Mussels. Australia has a problem with frogs that were introduced to the environment years ago. There are foreign plants choking out bodies of water throughout the world. Alien species, be they plant or animal, can destroy native ecosystems.

Mike


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## Momotaro (Feb 21, 2003)

Funny. I just found this article:

http://www.optonline.net/News/Article/Feeds?CID=type=xml&channel=32&article=11156832

Mike


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## cich (Aug 5, 2003)

> Pet stores and collectors wary of being slapped with fines of up to $1,000 also might have released them into local creeks and ponds.


Funny how the fine that is trying to prevent this, actually caused some people to do EXACTALLY what it was there to prevent 

But yeah... Laws exist for a reason.... 

--cich


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## Urkevitz (Jan 12, 2004)

Water Chestnut is my all time most hated invasive species. It is ugly, chokes out ponds and rivers and has nasty seeds that have stabbed me many times.


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## Kris (Feb 27, 2004)

here here!
especially in areas where the ecosystem is fragile, invasive plants are a problem. i think that there are laws which are invasive in our lives and laws that are there to rememdy or correct past mistakes. these types of laws fall into the second category.
if you particularly want these plants, i am certain that the local fish and wildlife department would happily work with you and welcome your volunteer hours and hardwork to remove the plants from local streams and ponds. 
 
kris


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## Aquaman (Dec 16, 2003)

Does anyone have any snakeheads to sell or trade?


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## cich (Aug 5, 2003)

LOL, urbanspectrum.... I like your style...

--cich


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## Shakey (Dec 7, 2003)

I don't like this method of trying to correct the problem. As man has learn how to travel the world in a matter of hours via airplanes this is something that is going to happen and most likely will not be able to be stopped. Its very possible now to go somewhere and while walking around have an airborne seed land on you, hop on a plane fly 2000 miles get off the plane and have the seeds fall to the ground. Poop you just transported a species to somewhere else.

Yes I know its an unlikely situtation especially since this is an aquatic plant forum which makes this "almost" impossible but it could happen. Cause of that I say stop playing god and let survival of the fittest play its game and soon enough the eco system will adapt.

Yes the problem won't be solved over night. Yes it will be a pain in the butt. Yes controlling these will help. But banning never works, all it does is create a blackmarket, and greif to many people.

I say F)(*&#) bannings....

Education and responcable hobbying (plants, pets, or otherwise) and disposal is a much better idea. Let mother nature take care of the rest.

sorry my spelling sucks but I don't want to sit here and look up all the mispelled words :roll:


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## secretagent (Mar 13, 2004)

Well they sell it here in FL! Ive seen all of them and I dont know why but they arre a VERY respectable store! Does anyone know If I should double check?


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## Clone (Feb 29, 2004)

Most of the stores in Niagara and Erie county are still selling them.
Even the national chains.


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## Momotaro (Feb 21, 2003)

Hey Shakey!

Try this:

www.iespell.com

Mike


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## Kris (Feb 27, 2004)

hey shakey,
can you explain what you meant by letting the survival of the species take over and the ecosystem adapting?
thanks
kris


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## familytank (Aug 11, 2014)

I would love to have some but have not been able to replace the ones I lost. loved that plant


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## discuspaul (Jul 27, 2010)

Well, all I know is - while it's considered a weed in many areas, and 'outlawed' in a number of U.S. states, it's perfectly legal here in Canada - and I love it since it's a really beautiful plant that does very well in most aquariums, even under less than ideal conditions - low light - low tech - whatever.

Here's an example of a Hygro Polysperma plant in one of my discus tanks:




It's the light green plant just to the right of center in the tank.


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## fishyfishy101 (Nov 12, 2014)

Hygrophila sunset is not illegal in all states, just a few. Here is the list.

Alabama
Class A noxious weed
-
California
Quarantine
-
Florida
Prohibited aquatic plant, Class 2
-
Massachusetts
Prohibited
-
North Carolina
Class A noxious weed
-
Oregon
Quarantine
-
South Carolina
Invasive aquatic plant
Plant pest
-
Vermont
Class A noxious weed
-

Link

Plants Profile for Hygrophila polysperma (Indian swampweed)


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## SpaceLord (Feb 29, 2016)

urbanspectrum said:


> psst psssst, hey you **opens coat** want to buy some hygro, Its the real deal man, some good stuff. tell you what for you only $2.99 a bunch.
> 
> Want some?


Yes, now that its illegal. 

I actually saw this at my LFS like a a few months ago.

Bump: Its kind of ironic that the US government cares more about importing plants then they do about importing terrorist. 
You will get in more trouble growing an aquarium plant then you would having a Marijuana(schedule 1 drug) grow house in Colorado. 

I was on a cruise ship with a beautiful garden and the US government care more about the plants on the ship then the crew or passengers coming to the US. The man who cares for the garden was telling me the horror stories that the US government has put them though for having some plants in a walkway with a skylight. 

Does anyone else thing its kind of ironic?


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## AWolf (Jun 13, 2014)

I got some accidentally in a shipment of aquatic plants. It was just a small stem and few leaves, but it grew and grew! Beautiful plant, but a major issue in native waters. Probably better to follow the law in your state. I believe some states it's still legal to sell within that state only.


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## gregorylampron (Mar 28, 2016)

SpaceLord said:


> Yes, now that its illegal.
> 
> I actually saw this at my LFS like a a few months ago.
> 
> ...


O god I have two hygrophila growing in CO right now. o>0

Sent from my GT-P5113 using Tapatalk


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