NANFA-- FW: ANS under reporting?

Jay DeLong (
Thu, 27 Jul 2000 16:21:05 -0700

You may find this interesting. It's from the Pacific NW Aquatic Nuisance
Species list.


-----Original Message-----
On Behalf Of Mark Sytsma
Sent: Thursday, July 27, 2000 1:45 PM
Subject: ANS under reporting?

Below is a message from a friend, with names withheld to protect the
innocent, regarding Daphnia lumholtzi. The lake association that was
paying him on a project is afraid that if word gets out that D.
lumhotzi is in their lake that a state agency will require them to
control it. I am curious if the lake association's fears are
justified. Can anyone tell me if states have some sort of policy on
this? I know that the noxious weed statutes in most states permit the
state to charge private individuals for control efforts on private
property, although it is rarely done, and that the Northern Pike
effort in Davis Lake in California was state funded. Has anyone heard
of an agency requiring individuals to control aquatic invasive
species in private waterbodies? Under what authority could they do

When I asked him if he had submitted his find to the USGS ANS database:

>"Yes, I found Daphnia lumholtzi. No, it was not in an xxxxx lake, but it
>a significant range expansion in North America. No, I did not report it
>because I was threatened by a lawyer and, by implicition, a lawsuit, if I
>did so. Since I can not afford to defend myself in an out-of-state lawsuit,
>I have, other than you and a few non-professional friends, kept my mouth
>shut following the original communication from the lawyer (and since I've
>been deliberately vague with everyone since the lawyer threatened me, I
>don't think I've crossed the line, but I think you can understand why I'm
>not being more forthcoming.) And to forstall the usual follow-up question,
>no, I did not sign a non-disclosure agreement; however, even if I was
>vindicated in court (which I would be), I can't afford to contest it
>as the airfare alone would ruin me, hence I have to act as if I'm
>under one."

After asking him why the concern I got the following response:

"I think they're afraid the state agency will charge them for a lake
and they want to keep selling lots around the lake to retirees. As I recall,
any good insecticide will take crustaceans out, so they could be required to
try to eliminate it (not that it would do any good with the ephippia, but
some (less knowledgable) people think it's still possible). I suspect it's
mainly they're afraid of costs if it was made public knowledge, but I was
only told to keep my mouth shut (with an "or else" implied). I agree 100%
with you, but I don't want to be hauled into an out-of-state court."

Mark D. Sytsma
Associate Professor
Environmental Biology Department
Portland State University
Portland OR 97207

Voice: 503-725-3833
Fax: 503-725-3888

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