# Changes to UK law



## Themuleous (21 Apr 2010)

Hi All,

I just wanted to let people konw that there has been a recent change in the law covering certain plants.  Schedule 9 of the Widlife and Countryside Act 1981 lists all those species which it is an offence to sell or to cause to spread in the wild.  A revision of this Scheudle came into for on 6th April, with a range of new speices being added.  For us planted people the most notable are probably the following all of which I have seen for sale.

Water Lettuce _Pistia stratiotes_
Parrotâ€™s Feather _Myriophyllum aquaticum_
Australian Swamp Stonecrop _Crassula helmsii_ (otherwise known as New Zealand Pygmyweed)
Giant Salvinia _Salvinia molesta_
Curly Waterweed _Lagarosiphon major_Waterweeds 	
All species of the genus _Elodea_.

More info can be found here

http://www.opsi.gov.uk/si/si2010/uksi_20100609_en_1
http://www.opsi.gov.uk/RevisedStatutes/ ... -pb4-l1g27

Sam


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## mr. luke (26 Apr 2010)

So its illegal to sell elodia?   
Best tell my local MA and PAH then....


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## Themuleous (26 Apr 2010)

It is now!


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## Mowze (26 Apr 2010)

Damn Elodea and Water Lettuce?! Two REALLY big sellers when it comes to coldwater/pond plants. Already informed my collegues about this but its very strange, no warning and all the major UK suppliers and wholesalers of pond plants are still stocking/selling it.


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## Aeropars (27 Apr 2010)

Yeah i was about to say Elodia is a big pond oxygenator. uckily my dad has bucket loads of the stuff  so i can get some in my newly built pond.


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## Themuleous (27 Apr 2010)

There was a consultation about this, but as always no knew about it really!  I'm in the business and we didn't even hear about it!

http://www.defra.gov.uk/wildlife-pets/w ... ansale.htm

Guess the trouble with both elodea and water lettuce is how invasive they can be, elodea especially can choke ponds and rivers.  Which is why its been added I would assume.

Sam


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## dw1305 (27 Apr 2010)

Hi all,
I wonder if this is an EU change? this isn't because I'm EU bashing, but just that neither Water Lettuce _Pistia stratiotes_ or Giant Salvinia _Salvinia molesta_ can survive the winter in the UK.

There are also a few more aquatic species to be added to section 2 of the 1981 Wildlife and Countryside act - C_abomba carolina, Ludwigia _spp. etc. 

cheers Darrel


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## Themuleous (27 Apr 2010)

As far as I know this is purely a UK change, certainly the WCA 1981 only applies to the UK (where relevant) and is not the result of an EU directive.

The _Ludwigia _relates to those three specific species as far as I can see?

Sam


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## mr. luke (27 Apr 2010)

And cabomba? 
Are they trying to take down pets at homes plant selection?


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## a1Matt (28 Apr 2010)

mr. luke said:
			
		

> Are they trying to take down pets at homes plant selection?


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## mr. luke (28 Apr 2010)

Been out today and noticed that both shops I went to where still selling cabomba and elodia, and one was selling water lettuce too.
So the law states you cannot sell these plants anymore, Are we still allowed to 'give' them away to other members?
Cabomba and elodia are classic aquarium plants after all.


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## Themuleous (28 Apr 2010)

It could well take a while for the change to filter down.

I wouldn't like to say how giving stuff away would sit legally, probably best not too though I would think.

Sam


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## George Farmer (28 Apr 2010)

mr. luke said:
			
		

> Are we still allowed to 'give' them away to other members?


I certainly would not like to see these plants advertised for donation etc. on UKAPS, please.


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## mr. luke (29 Apr 2010)

Ok   
Best stock up guys if you have any future plans that involve the listed plants.
I dont see how water lettuce and cabomba could be an issue to our local waters. Neither of them survive outside temperatures in the winter to any extent   
Its a shame when things like this happen (aimed at the cabomba here). It is a classic plant, look in any old planted tank book and it will hit you.


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## johnnypy (30 Apr 2010)

The list seems to be a real mixed bag - I can't see how some of these species can be a problem if we continue to have cold winters? Maybe they know something we don't about climate change. On the other hand some of the plants have potential to be a nightmare. I had a holiday on the Gironde in France a few years ago and many of the freshwater channels around the estuary were choked with Ludwigia uruguayensis - beautiful  yellow flowered plant but obviously incredibly invasive in the right conditions. Guess the principle behind the list is precautionary - probably right having seen the problems caused by Japanese knotweed, himalayan balsam and so on.


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## mr. luke (30 Apr 2010)

If climate change wams up so we dont get frost planted tanks in the uk will take a massive blow.


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## dw1305 (30 Apr 2010)

Hi all,
I've found some more details (via "Plantlife"), these suggest that species aren't actually banned for sale (although Plantlife would like them to be), "Schedule 9 of the Wildlife and Countryside Act 1981 lists plants that are illegal to plant or cause to grow in the wild......In England and Wales the schedule has recently been reviewed, and from April 2010 there will be almost 40 plants listed." 

http://www.plantlife.org.uk/uk/plantlife-campaigning-change-invasive-action.htm

So this may account for some of the more unlikely items on the list, it is aimed at stopping them getting into the wild, particularly as under some of the climate change models conditions may become suitable for them in the future.


> I had a holiday on the Gironde in France a few years ago and many of the freshwater channels around the estuary were choked with Ludwigia uruguayensis - beautiful yellow flowered plant but obviously incredibly invasive in the right conditions


 it or a similar species is now an invasive plant in the UK (New Forest and London).

http://www.t-c-m-rd.co.uk/invasive-weeds/water-primrose/

cheers Darrel


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## mr. luke (30 Apr 2010)

> Sale etc. of invasive non-native species
> 
> (1)Subject to the provisions of this Part, a person is guilty of an offence if he sells, offers or exposes for sale, or has in his possession or transports for the purposes of saleâ€”
> 
> ...


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## paul.in.kendal (30 Apr 2010)

I'm not sure about this.  Sam's initial post says: "...the Wildlife and Countryside Act 1981 lists all those species which it is an offence_ to sell or to cause to spread in the wild_."

Now to me, that doesn't ban the distribution of plants free of charge, if this is done in a responsible manner.  If we were to exchange plants, free of charge, between members of this forum who are personally known to each other and mutually understood to be responsible aquatic plant growers - and such exchange was done with an explicit understanding that the plants were to be grown only in controlled conditions indoors, and eventually to be destroyed and not given any opportunity to spread in the wild - wouldn't that be OK?


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## Themuleous (30 Apr 2010)

I will check with my boss on Tuesday (and I really don't want to debate the wording of the law as its very tedious!) but my reading of section 14ZA is that it is an offence to sell them (although it doesn't specifically say Schedule 9 only ' to which this section applies'), perhaps plantlife were working from an old copy of the WCA 1981!  

Sam


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## Mowze (6 May 2010)

I have just spoken to OATA regarding a seperate matter and the man at the other end of the phone said that these plants are not yet banned and are currently being "looked at" regarding banning and it would be at least 8 weeks if not more before we actually see a change in law.


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## George Farmer (6 May 2010)

http://www.practicalfishkeeping.co.uk/c ... p?sid=2785


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## Themuleous (6 May 2010)

Thanks George, that is interesting.  I have read it through with my boss and I personally, think the law is worded such that it _is_ illegal, but then again I'm no lawyer!

I guess all this chatter and discussion does at least highlight the responsibility we as keeps of aquariums, in particular aquariums with a large and varied number of aquatic plants, have when it comes to disposal of aquarium water and plant matter we remove from our tanks.

Sam


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