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Prohibited aquatic plants

     >The way it is written, it not only prevents the sale
     >of aquarium plants, it makes it illegal to sell or OWN aquatic or bog
     >plants that were not native to the state at a certain date. 
     
     >Of course, the law as written is unenforceable, and effects not only
     >aquarists, but terrestrial gardeners and pond keepers as well.  AT 
     >this point, they are not even pretending to try to enforce it.  
     >Letters have been sent to pet stores telling them that as of Jan 1, 
     >1998 it will be illegal to sell Fanwort (Cabomba) and Milfoil 
     >(Myriophyllum).  
     
     Here's the law as written in Texas.  It's pretty unambiguous, and 
     "friendly" to pond and aquarium owners.  We have these laws because 
     our winters are mild, and the exotics do not die off.  They can (and 
     do) quickly overtake and choke a waterway.  Other states (especially 
     southern states) have pretty well-defined laws on aquatic plants, and 
     maybe NH can follow their lead.  
     
     From Texas Parks and Wildlife Laws 66.007, "Exotic harmful or 
     potentially harmful fish, shellfish, and aquatic plants.
     (a) No person may import, possess, sell, or place into water of this 
     state exotic harmful or potentially harmful fish, shellfish, or 
     aquatic plants except as authorized by rule or permit issued by the 
     department.
     (b) The department shall publish a list of exotic fish, shellfish, and 
     aquatic plants for which a permit under Subsection (a) of this section 
     is required."
     
     Our published list of harmful aquatic plants is:
     Giant Duckweed Family: Lemnaceae--Spirodela oligorhiza
     Salvinia Family: Salviniaceae--all species of Genus Salvinia
     Water hyacinth Family: Pontederiaceae--Eichornia crassipes
     Water lettuce Family: Araceae--Pistia stratiotes
     Hydrilla Family: Hydrocharitaceae--Hydrilla verticillata
     Eurasian watermilfoil Family: Haloragaceae--Myriophyllum spicatum
     Alligatorweed Family: Amaranthaceae--Alternanthera philoxeroides
     Rooted waterhyacinth Family: Pontederiaceae--Eichhornia azurea
     Paperbark Family: Myrtaceae--Melaleuca quinquenervia
     Torpedograss Family:  Gramineae--Panicum repens
     Water spinach Family: Convolvulaceae--Ipomoea aquatica
     
     If a species is not on this list, it's legal in Texas.  Otherwise, you 
     need a permit, and we often grant permits for water hyacinth for use 
     in water treatment plants.
     
     Sounds like different philosophies of lawmaking.  We manage by 
     *exclusion*, meaning we specifically list those species that are 
     prohibited, while NH apparently manages by *inclusion*, meaning they 
     list those species that are allowed.  I believe the Texas philosophy 
     is simpler.
     
     Kind regards,
     
     Mark