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TPWD staff recommend permitting dotted duckweed with strict containment and an exclusion zone east of U.S. 83
Summary
Staff presented a petition to authorize commercial aquaculture permits for dotted duckweed with species-specific containment rules and a geographic exclusion zone east of U.S. Highway 83; Texas A&M withdrew opposition after modifications, but the freshwater fishery advisory committee expressed strong concern about escapement risk. The item will be placed on the Thursday agenda for public comment.
Michael Tennant, regulations and policy manager for the inland fisheries division, briefed the commission on a petition and staff risk-benefit analysis to allow commercial culture of dotted duckweed under a new permitting program. Tennant described dotted duckweed as a controlled exotic aquatic plant with high dispersal potential and said staff proposed baseline containment measures used for other exotic-culture programs plus dotted-duckweed-specific special provisions.
Proposed dotted-duckweed provisions include mandatory destruction of plant material prior to pond draining, routing wastewater and by-products through devices designed to render plant material and seeds nonviable, strict placement and infrastructure requirements (e.g., above 100-year floodplain, screened discharge), annual inspections, emergency response plans and a prohibition on operating in designated hurricane/wind-risk zones. Tennant said Texas A&M reviewed the measures and ultimately concurred they were feasible, and that Texas A&M withdrew formal opposition after discussions with the petitioner.
Staff also proposed a geographic exclusion zone east of U.S. Highway 83 designed to avoid dense clusters of public and private waters and hurricane exposure; Tennant said the map used in staff materials shows an estimated 791 high-risk community fishing lakes (about 88% of the total) falling within that exclusion area. Staff noted that permitting dotted duckweed would increase inspection workloads but argued the measures would minimize escapement risk if consistently applied.
Public comment to date included 42 comments (23 supporting, 19 opposing) and letters of support from a state representative (House District 53), the Texas agriculture commissioner, a county judge, the president of Angelo State University, several researchers and a nonprofit CEO. Tennant said the freshwater fishery advisory committee had unanimously concluded the risk was too high to permit cultivation, underscoring remaining stakeholder disagreement.
Staff requested guidance and permission to place the proposed rule on Thursday's agenda for public comment and possible action; Chair Foster said he would place it on the agenda so commissioners and stakeholders could hear public comment.
