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  #61   Report Post  
Old 24-11-2005, 04:33 PM posted to rec.gardens.orchids
K Barrett
 
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Default illegal orchids or orchid smuggling.....

jamiemtl wrote:
Tennis,

Yes I'm familiar with the face to name Kovach's discovery. Actually
after some careful research it appears the guy who "ratted" out Kovach
also was responsible for the demise of George Norris as
well...interesting enough. The only information I've been able to find
about someone actually trying to make big bucks from illegal smuggling
was Harto Kolopaking. This was a dissapointment as I wanted to base my
paper on underground crime rings of orchid smugglers. Instead what I've
ended up doing is talking about the differences between what the media
says and what the orchid commuity says..


Well, you got the one 'ring' that was caught. Any others are still
underground.... such is the nature of crime, no?

K
  #62   Report Post  
Old 24-11-2005, 05:23 PM posted to rec.gardens.orchids
Al
 
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Default illegal orchids or orchid smuggling.....

I bought a flask of the Paph vietnamense sold by Antec. They provided me
with a receipt just like they do with any other Paph. There was no other
paper work that came with the flask. The only assurance I have that the
plants were propagated and sold with the blessing of the US and Vietnamese
governments was Antec's posted word on their website. Of course, I believed
them. I think the story of how they came to propagate and sell them
legally in the US is still documented on their website.

Despite my belief in Antec's veracity, I checked with a friend of mine who
works for CITES in the capacity of "Chief, Division of Scientific
Authority", (lets call him CITES DUDE and imagine him to be very much like
Captain America after consuming a can of Popeye's magical spinach) and he
confirmed they were aware of what antec was doing and it was legal. I
contacted him to ask about *re-selling* them and what I needed to provide to
people who bought them from me.

When I re-sell these paphs to people in my country (the US) I only need to
provide a receipt just like I do with all my plants. There is no special
documentation required. I am usually asked, by the customer, to send a copy
along of Antec's receipt as proof that I got them from Antec but this
requirement of a forward propagating paper trail is internet lore. If you
stop to think about it, a copy of my receipt from Antec does not *prove*
that the plants I am selling came from Antec. The copy machine does not
know how many plants came out of the flask. It does not know if I am the
owner of the original receipt I am copying.

I was told by CITES DUDE the following (and this is hard to quote without
getting confusing, so I am going to paraphrase except for the words in
actual quotes): if the customer wishes and I was agreeable I could provide
them a statement that "these are legal plants derived from the Plant Rescue
Center Program of the U.S. Fish and Wildlife Service" or something like
that.

Strangely, even this does not seem to be required. I was told *If the
customer wishes and I am agreeable*.... It seems CITES is sensitive to the
fact that I might not want to tell my customers where I get my plants for
purely economic reasons. Why buy them from me at the prices I am charging
if you can go to my source? Everybody is a middleman... However, I did not
mind sharing with my customers that the plants I was selling came from an
Antec flask. I actually printed it on the plant tag, for whatever that was
worth.... Occasionally I did get a little tense when they wanted me to go
make a copy of my receipt. If only because it is non-proof and protects
neither them or me from anything the government might do if it suspected
somebody is breaking the law.

So for the average customer, a receipt is all that is necessary and
required. However I was told by CITES DUDE that a statement of origin was
(and this is CITES DUDE verbatim now) "most critical to anyone who thinks
they might want to export the plants they got from you, or propagate them
and export their progeny. They'll need to get CITES export documents from
us, and we'll ask about the origin of the plants. Beyond that, it is likely
to become an issue only if someone has raised suspicions that they are
dealing in (buying or selling) illegal plants."

For what it's worth I believe there is no real way to track individual
plants bought and sold and grown within our borders. If you are dealing
with importers and exports of orchids you should check them for shady
qualities, if only for your own peace of mind. Don't buy something you
believe you shouldn't have no matter how badly you want it. If you are
breaking the import/export laws, you will eventually raise suspicions. The
CITES DUDE I am referring to is an orchid collector himself. He is an
active member of our local society and knows all the vendors in the area.

"Ted Byers" wrote in message
.. .
Andrew,

I expect that most here are as interested in conservation as anyone else
active in conservation.

Your solution, while commendable, is inadequate for the obective of
ensuring continued survival of orchids in the wild. You need a more
comprehensive system. First, as you say, there is a need, in each
country, for commercial growers who have proper documentation proving that
even when they sell species, the plants sold are the product of a breeding
program, and that who ensure that they have al the requisite CITES
documentation in place. They'd also have to ensure that they supply the
proper documentation to their customers so that they and/or their
customers can use the plants in their own breeding programs and maintain
the option of exporting their plants too. Second, there is an urgent need
to conserve habitat, and to design sampling regimes that protect the
species. For example, for species that can be produced by cloning, sample
only the meristem tissue for use in producing clones that in turn can be
used for breeding. And for genera such as the catts, sample only a number
of back bulbs from specimens that are large enough to spare them, and then
use the back bulbs to propagate the plants by whatever means. With some
plants, the only option would be to self specimen plants, or cross
neighboring planst of the same species/variety, and then come back later
to harvest the seeds (and this only with plants that have many more than
one flower so that natural propagation can occur too). With the
availability of portable GPS technology and hand-held computers, it should
be trivially easy to map orchid habitat so that those protecting the
habitat can easily find specimens they have found previously. Third, it
must be turned into an industry that people living in or near the habitat
that is to be protected can earn a living supporting the orchid industry
while concommitantly protecting the habitat. I'd expect that if the local
residents have a vested interest in protecting both the orchids and their
habitat, they'd help in such conservation efforts. Conservation
organisations have only two general options in this regard; they can help
improve the situation of the people living in or near the areas to be
protected, and work with them, or they can try to maintain a running
battle with them to the end of either fighting a losing battle or
exterminating the local residents (something I regard as reprehensible).
No matter how much I value orchids or the habitat in which they live, I
value people more. My impression of many environmental activists here is
that they have little regard for the people living in areas they want to
protect, often describing them in terms one would use to describe mortal
enemies.

Your option of producing so many orchids that there is little incentive to
deal in illegal orchids is a good one. However, unless embedded in a
broader system that includes enabling the trade in orchids (and indeed
other exotic organisms) in a manner that is consistent with, and supports
the objectives of CITES, as well as having as the top priority the
objective of meeting the needs of, and improving the living standards of,
the people living next door to the orchids we want to protect, it can not
ultimately acheive the objective of protecting wild orchids,

And you may want to lighten up a bit. For the vast majority of people,
their only option for supporting orchid conservation in particular, and
conservation in general, is to support, by buying plants from, vendors who
are involved in conservation and by joining those societies they can find
that are involved in conservation, not to mention lobbying politicians to
support conservation initiatives. Most orchid "consumers" will lack both
the means and the expertise required to get conservation done right.

Cheers,

Ted

--
R.E. (Ted) Byers, Ph.D., Ed.D.
R & D Decision Support Solutions
http://www.randddecisionsupportsolutions.com/
Healthy Living Through Informed Decision Making



  #63   Report Post  
Old 24-11-2005, 06:21 PM posted to rec.gardens.orchids
Ted Byers
 
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Default illegal orchids or orchid smuggling.....

Al

I have no argument with anything you said.

CITES is an issue primarily for importers and exporters. But I recall cases
where vendors couldn't get their plants across the border when they visited
an orchid society here as a guest speaker. That was a major disappointment
because they had some very interesting plants. And I can see it as a
potential problem for collectors in one country wanting to take plants to
shows in another country. I'd expect that if I, as a Canadian collector and
not a vendor, wanted to attend an orchid show in New York, CITES could be an
issue for me if the plants I wanted to show, or have judged, we subect to
CITES restrictions.

At the last orchid society meeting I attended, several breeders, in
discussing the impact of CITES on their business, noted both that the
Canadian officials seemed to want documentary proof that vendors needed to
be able to prove that the parent plants of a given cross are legal (if
they're species protected by CITES), and that they were not provided with
documentation proving the legality of the seedlings they'd bought from which
they wanted to select breeding stock. They were worried that they'd not be
able to prove that the breeding stock they'd bought from a vendor that
imported the plants into Canada originally was legal.

For me it isn't an issue since I have no plans on taking any of my plants
across any border any time soon.

When I referred to documentation, I was thinking only of collectors who may
need to take some of their plants across a border for whatever reason, and
commercial operations that may be involved directly or indirectly in
international trade.

Cheers,

Ted


--
R.E. (Ted) Byers, Ph.D., Ed.D.
R & D Decision Support Solutions
http://www.randddecisionsupportsolutions.com/
Healthy Living Through Informed Decision Making


  #64   Report Post  
Old 24-11-2005, 07:45 PM posted to rec.gardens.orchids
Al
 
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Default illegal orchids or orchid smuggling.....

Plants crossing a border is where problems begin. I understand and
sympathize with those who must cross borders. I choose not to because I
don't have the energy to deal with most forms of bureaucracy.

I own several plants I see listed on CITES Appendix I and they were all
bought from vendors inside this country. Finding Renanthera imshootiana on
the CITES APPENDIX I list surprised me an did finding Peristeria elata.

I bought my Peristeria elata from the US Botanical Gardens when they had a
vendor stand at the NCOS annual show/sale one year. Apparently there was
some reason that they should not have been selling plants (divided from back
bulb divisions) and I don't remember what these reasons were specifically,
but they have never sold plants at the show again. Too bad too.

You have to know that at this show I got a receipt with a price and tax
total that did not include what was bought AND it is from the NCOS, not the
vendor who sold the plant. The receipt is just a cash register receipt and
does not even have the NCOS's name on it. I have it in a file with every
receipt of plants I bought that year.

Peristeria elata (alata, whatever) is a weed. It is probably on the CITES
APPENDIX I list because it is the national flower of Panama and very showy
so they don't want collectors pulling it up and carrying it home. I would
bet it is not on this list because it is "endangered" in the sense that
there is only a handful left in it's native habitat, but I don't know.

The is probably clear to everybody, but I wanna say it anyway: *The country
whose borders encircle the plant in question make the decision to label it
endangered, not CITES.* For instance, no company, non-profit or otherwise,
no agency or individual can do anything with Phrag kovachii, it's seeds or
tissue, until the government of Peru says they can. CITES officials can
only enforce Peru's wishes.

Most of the problems at borders come from customs agents and individuals who
are not clear about what permissions are needed for the plant material in
question. For this reason alone, I would not want to play import/export
with my orchids.

Anyway, the capsule I made (a selfing of the Peristeria elata) exploded in
my greenhouse and baby plants were coming up in everything for several
years. It *is* a weed. I have sold quite a few via the internet and from
my greenhouse all to people within the US border but I could never provide
proof of origin that went back furthur than a sketchy claim that I bought
the mother plant from the US government via my local orchid society. This
has always worried me.

I can not even imagine what problems if any I would have if I tried to
export these plants. Actually I can imagine the problems and no amount of
money is worth it, so I just don't do import or export. There are enough
orchids in my county already to make me happy. I hope the same is true in
all your countries where ever you are.

Mostly I have never imported plants with my permit because the first step is
usually to wire money to a foreign bank account belonging to somebody I have
never met. This is scary enough to stop me from using the general permit
and to rely on plants obtainable from within my own borders only. I would
really like to possess a Phrag kovachii and one day I will. I expect I will
buy it from somebody inside this country, probably in flask from the likes
of Chuck Acker or Antec, when the price is being driven by normal market
factors and not by "first to own" economics.

If I ever traveled to a foreign country I would go with an orchid tour group
where part of the package included somebody to deal with permits and border
crossing. I suspect I would still be very nervous about spending money on
things that might not make it past Customs.

Cleary the triptophan has not taken effect yet, I'm still typing madly....


"Ted Byers" wrote in message
...
Al

I have no argument with anything you said.

CITES is an issue primarily for importers and exporters. But I recall
cases where vendors couldn't get their plants across the border when they
visited an orchid society here as a guest speaker. That was a major
disappointment because they had some very interesting plants. And I can
see it as a potential problem for collectors in one country wanting to
take plants to shows in another country. I'd expect that if I, as a
Canadian collector and not a vendor, wanted to attend an orchid show in
New York, CITES could be an issue for me if the plants I wanted to show,
or have judged, we subect to CITES restrictions.

At the last orchid society meeting I attended, several breeders, in
discussing the impact of CITES on their business, noted both that the
Canadian officials seemed to want documentary proof that vendors needed to
be able to prove that the parent plants of a given cross are legal (if
they're species protected by CITES), and that they were not provided with
documentation proving the legality of the seedlings they'd bought from
which they wanted to select breeding stock. They were worried that they'd
not be able to prove that the breeding stock they'd bought from a vendor
that imported the plants into Canada originally was legal.

For me it isn't an issue since I have no plans on taking any of my plants
across any border any time soon.

When I referred to documentation, I was thinking only of collectors who
may need to take some of their plants across a border for whatever reason,
and commercial operations that may be involved directly or indirectly in
international trade.

Cheers,

Ted


--
R.E. (Ted) Byers, Ph.D., Ed.D.
R & D Decision Support Solutions
http://www.randddecisionsupportsolutions.com/
Healthy Living Through Informed Decision Making



  #65   Report Post  
Old 25-11-2005, 11:57 AM posted to rec.gardens.orchids
Pat Brennan
 
Posts: n/a
Default illegal orchids or orchid smuggling.....


----- Original Message -----
From: "K Barrett"
Newsgroups: rec.gardens.orchids
Sent: Thursday, November 24, 2005 11:33 AM
Subject: illegal orchids or orchid smuggling.....



Well, you got the one 'ring' that was caught. Any others are still
underground.... such is the nature of crime, no?

K


-- the reporter gone? --

So I'm at a big orchid show and my storage area is next to a Taiwanese
grower's area. All of their plants have been imported for the show, coffin
box after coffin box stacked toward the ceiling. In English, in big black
marker the side of each box lists it contents, 100 of this 25 of that. When
I see the boxes containing flasks names as vietnamense and hangianum make up
the this and that. Through Taiwan CITES, through US customs, through US ag
inspection, half way around the world with nothing to hide. The plants at
the show did not surprise me, nothing new there. But written on the side of
the boxes -- underground? Like most shows, by the Sunday afternoon all of
the flasks have been sold -- such is the nature of this crime.

So last weekend I'm at a smaller AOS judged show. As is my normal routine,
after my exhibit is up I check the other exhibits before the ribbon shake
and break occurs. In another commercial growers exhibit is a spectacular
Paph labeled as Joyce Hasegawa. I am no Paph expert, but delenatii has
never made anything this nice. Clearly the plant is vietnamense X
hangianum. I confirm this with a Paph expert who says 'no doubt.' That
night or maybe the next day, the AOS judging fairies come and by the time I
return to the show it is ribbons ribbons everywhere. Joyce proudly sports a
best in class blue. I am not even sure where the crime is.

Now some good new, Phrag. kovachii. The first (at least that I know of)
batch of legal kovachii arrived in the US last summer. I know of another
legal batch, from another breeder, that has completed the Peru CITES
paperwork and will be in the US before Christmas. I do not think there will
be any problem with the legal status of plants from either of these batches
since the Peruvian government gave the plants to these growers in Peru. The
orchid world has followed the progress of these plants and the pods, it is
all documented. In addition, it is my understanding that the surviving
plants handed out by Peruvian government have been DNA fingerprinted. I was
surprised to see Peru allowed the flasks to leave the country, but it seems
they did. All and all, when we get past Mike and Selby's problems, CITES
seems to work well with kovachii. As legal plants become available the
demand for collected plants should all but go away. I expect kovachii
distribution to be very similar to what we saw with besseae. We are going
to start seeing kovachii seedlings for sale (if they are not already) in the
three figure range. Over the next couple of years the supply will continue
to increase and the price will drop. I hope to have one within 5 years and
I plan to pay less than $50 for it.


Pat




  #66   Report Post  
Old 25-11-2005, 01:36 PM posted to rec.gardens.orchids
Al
 
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Default illegal orchids or orchid smuggling.....

if everybody follows that routine, and walks away from the triple digit
numbers, we can all have one for less than 50 in just two years.

Al
"Pat Brennan" wrote in message
...
We are going to start seeing kovachii seedlings for sale (if they are not
already) in the three figure range. Over the next couple of years the
supply will continue to increase and the price will drop. I hope to have
one within 5 years and I plan to pay less than $50 for it.


Pat



  #67   Report Post  
Old 25-11-2005, 04:28 PM posted to rec.gardens.orchids
K Barrett
 
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Default illegal orchids or orchid smuggling.....

Indeed! I can wait, too.

K Barrett

Al wrote:
if everybody follows that routine, and walks away from the triple digit
numbers, we can all have one for less than 50 in just two years.

Al
"Pat Brennan" wrote in message
...

We are going to start seeing kovachii seedlings for sale (if they are not
already) in the three figure range. Over the next couple of years the
supply will continue to increase and the price will drop. I hope to have
one within 5 years and I plan to pay less than $50 for it.


Pat


  #68   Report Post  
Old 25-11-2005, 04:40 PM posted to rec.gardens.orchids
K Barrett
 
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Default illegal orchids or orchid smuggling.....

Pat Brennan wrote:
----- Original Message -----
From: "K Barrett"
Newsgroups: rec.gardens.orchids
Sent: Thursday, November 24, 2005 11:33 AM
Subject: illegal orchids or orchid smuggling.....



Well, you got the one 'ring' that was caught. Any others are still
underground.... such is the nature of crime, no?

K



-- the reporter gone? --

So I'm at a big orchid show and my storage area is next to a Taiwanese
grower's area. All of their plants have been imported for the show, coffin
box after coffin box stacked toward the ceiling. In English, in big black
marker the side of each box lists it contents, 100 of this 25 of that. When
I see the boxes containing flasks names as vietnamense and hangianum make up
the this and that. Through Taiwan CITES, through US customs, through US ag
inspection, half way around the world with nothing to hide. The plants at
the show did not surprise me, nothing new there. But written on the side of
the boxes -- underground? Like most shows, by the Sunday afternoon all of
the flasks have been sold -- such is the nature of this crime.

So last weekend I'm at a smaller AOS judged show. As is my normal routine,
after my exhibit is up I check the other exhibits before the ribbon shake
and break occurs. In another commercial growers exhibit is a spectacular
Paph labeled as Joyce Hasegawa. I am no Paph expert, but delenatii has
never made anything this nice. Clearly the plant is vietnamense X
hangianum. I confirm this with a Paph expert who says 'no doubt.' That
night or maybe the next day, the AOS judging fairies come and by the time I
return to the show it is ribbons ribbons everywhere. Joyce proudly sports a
best in class blue. I am not even sure where the crime is.

Now some good new, Phrag. kovachii. The first (at least that I know of)
batch of legal kovachii arrived in the US last summer. I know of another
legal batch, from another breeder, that has completed the Peru CITES
paperwork and will be in the US before Christmas. I do not think there will
be any problem with the legal status of plants from either of these batches
since the Peruvian government gave the plants to these growers in Peru. The
orchid world has followed the progress of these plants and the pods, it is
all documented. In addition, it is my understanding that the surviving
plants handed out by Peruvian government have been DNA fingerprinted. I was
surprised to see Peru allowed the flasks to leave the country, but it seems
they did. All and all, when we get past Mike and Selby's problems, CITES
seems to work well with kovachii. As legal plants become available the
demand for collected plants should all but go away. I expect kovachii
distribution to be very similar to what we saw with besseae. We are going
to start seeing kovachii seedlings for sale (if they are not already) in the
three figure range. Over the next couple of years the supply will continue
to increase and the price will drop. I hope to have one within 5 years and
I plan to pay less than $50 for it.


Pat



Your observation about the Joyce Hasegawa is why Harold Koopowitz gave
an address to the trustees in Sonoma. That judges have to start being
more observant. That plants like your Joyce Hasegawa reference will
start showing up at the judging table and judges should be aware that if
its too good to be true its probably made with illegal stock. I didn't
hear his comments. They were made to the Trustees committee. But I
believe they are repeated in this most recent Orchid Digest magazine.
(Or was it this most recent 'Orchids'? [scratches head])

I am floored that hagianum etc came throuogh in flasks. Maybe because
they *were* in flasks? Note: I don't believe CITES exempts App I flasks,
no matter what has been written, but sheesh, you've seen it for
yourself, Pat.... maybe its true.

So what's the deal then? The Taiwanese vendor imported hangianum
legally. In a few years these flask's plants will show up at the
judging table. We aren't supposed to judge them..... but by then who
knows? The AOS's ban may be lifted by that time. (Note to self: start
hanging arond with paph people now so I learn what these things look
like for when the ban is lifted....)

K Barrett
  #69   Report Post  
Old 25-11-2005, 10:24 PM posted to rec.gardens.orchids
Munir
 
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Default illegal orchids or orchid smuggling.....

Shifting gears a bit, I wanted to say that--as far as bureaucracy
goes--the importing and exporting controls established by CITES are
fairly easy to learn and understand. For example, a broad class of
orchid exports and imports are expressly prohibited. And for those that
are allowed, the paperwork required is straightforward. Finally, for
exceptional cases, there are application procedures for importing even
a prohibited item provided one has a suitable (e.g. academic,
scientific) purpose.

While the lay person might misunderstand or try to get around the
requirements due to lack of knowledge, resources, or planning, the
professional orchid vendor has no similar excuse. The CITES regs are
pretty basic compared, say, to the international trade of integrated
circuit design software that can be used to produce items listed on the
US munitions list. I spent 7 years in charge of import/export for just
such a company and I can tell you that CITES is at least simple to
follow.

Smuggling will always go on, but there is probably more money (meaning
total, not per plant) to be made via legitimate means. And the downside
of being prosecuted for smuggling is a very big risk for those that
would ignore CITES.

When I did import-export, I routinely took classes (not expensive)
given by the US Bureau of Export Administration and they made even
complex situations fairly easy to decode. Also, BXA reps were willing
to take your case free of charge, research it, and give you an answer
regarding how to import/export your particular item. They were really
helpful.

From the CITES research I've done, the working method seems to be a)

make sure your plants are from a nursery and not wild collected, b)
identify them properly via full name and with identifying photos to
speed then through, c) have your CITES paperwork correct and
accompanying the shipment, d) make sure they're bare root or otherwise
obviously without bugs so they aren't stopped and fumigated. That's not
as easy as shipping cookies to grandma, but in the world of
import-export it's not the worst.

-M

  #70   Report Post  
Old 26-11-2005, 04:59 PM posted to rec.gardens.orchids
tennis maynard
 
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Default illegal orchids or orchid smuggling.....

Eric Hunt wrote:


As you can imagine, that means all newly described species must be described
from within the borders of the country they are discovered in before they
can be exported to the rest of the world.


This establisheds a need for extant botanical authority there, not a
given, and may prevent plants from being described at all.

This mess has also caused some large botanical institutions in the USA to
completely stop all plant research outside of the USA. They saw what
happened to Selby and are afraid it could happen to them.


What I feared and predicted would come to pass when the CITES nazis and
US court decided botanists must now also be police.




  #71   Report Post  
Old 26-11-2005, 09:07 PM posted to rec.gardens.orchids
Kenni Judd
 
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Default illegal orchids or orchid smuggling.....

Probably, on this first one. But if the person who went to all the effort
and expense to do it doesn't get some big payoffs on the initial 3-digit
offerings, he or she will be less likely to do it again. Kenni

"Al" wrote in message
...
if everybody follows that routine, and walks away from the triple digit
numbers, we can all have one for less than 50 in just two years.

Al
"Pat Brennan" wrote in message
...
We are going to start seeing kovachii seedlings for sale (if they are not
already) in the three figure range. Over the next couple of years the
supply will continue to increase and the price will drop. I hope to have
one within 5 years and I plan to pay less than $50 for it.


Pat





  #72   Report Post  
Old 26-11-2005, 11:38 PM posted to rec.gardens.orchids
Aaron Hicks
 
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Default illegal orchids or orchid smuggling.....

K Barrett spaketh thusly:

I am floored that hagianum etc came through in flasks. Maybe because
they *were* in flasks? Note: I don't believe CITES exempts App I flasks,
no matter what has been written, but sheesh, you've seen it for
yourself, Pat.... maybe its true


Orchids on Appendix I and II of CITES are specifically exempted
under CITES. It's there in the treaty, right there on www.cites.org if
you're so incined. The problem comes with plants whose parentage is under
question for legal purposes, an interpretation the US Office of Management
Authority shares with a small number of other countries.

As a result, Paph. vietnamense from Asia is "probably illegal,"
while containers from Europe may or may not be legitimate, according to my
conversations with the harried folks at Fish and Wildlife. Perhaps this
status has changed recently; it's difficult to keep up with this sort of
thing when the rules aren't exactly written down.

That Appendix I plants are specifically exempted under CITES has a
long background, including lobbying on the part of the American Orchid
Society way the heck back when (early 1970's, I think). Bob Wellenstein,
who once boasted in this newsgroup (if memory serves) that he propagates
more Appendix I species than maybe anyone else in the United States
refers to the exemption in his web pages:

http://www.ladyslipper.com/paphfaq.htm

"Flasks have been exempted from CITES documentation. However, it
is important to note that flasks derived from illegal plants are also
considered illegal. It is also important to note that the concept being
promoted by some of the plant smugglers that once a plant has entered the
country, even if illegally, is now legal to possess is incorrect."

This may become pertinent to the kovachii situation if the
ultimate source of the propagules is ever determined to be outside of
Peru, which seems possible.

The address in the header isn't valid. Send no email there.

-AJHicks
Chandler, AZ


  #73   Report Post  
Old 27-11-2005, 01:25 AM posted to rec.gardens.orchids
Jack
 
Posts: n/a
Default illegal orchids or orchid smuggling.....

So the question is if the plant was legal in the country of origin or
if it is legal in the US.

Can tissue be collected from wild orchids that are in their "natural"
habitat and be brought in? Or is that only under the expetion for
scientific & acidemic?

Jack

  #74   Report Post  
Old 27-11-2005, 05:40 AM posted to rec.gardens.orchids
K Barrett
 
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Default illegal orchids or orchid smuggling.....

Aaron Hicks wrote:
K Barrett spaketh thusly:


I am floored that hagianum etc came through in flasks. Maybe because
they *were* in flasks? Note: I don't believe CITES exempts App I flasks,
no matter what has been written, but sheesh, you've seen it for
yourself, Pat.... maybe its true



Orchids on Appendix I and II of CITES are specifically exempted
under CITES. It's there in the treaty, right there on www.cites.org if
you're so incined. The problem comes with plants whose parentage is under
question for legal purposes, an interpretation the US Office of Management
Authority shares with a small number of other countries.

As a result, Paph. vietnamense from Asia is "probably illegal,"
while containers from Europe may or may not be legitimate, according to my
conversations with the harried folks at Fish and Wildlife. Perhaps this
status has changed recently; it's difficult to keep up with this sort of
thing when the rules aren't exactly written down.

That Appendix I plants are specifically exempted under CITES has a
long background, including lobbying on the part of the American Orchid
Society way the heck back when (early 1970's, I think). Bob Wellenstein,
who once boasted in this newsgroup (if memory serves) that he propagates
more Appendix I species than maybe anyone else in the United States
refers to the exemption in his web pages:

http://www.ladyslipper.com/paphfaq.htm

"Flasks have been exempted from CITES documentation. However, it
is important to note that flasks derived from illegal plants are also
considered illegal. It is also important to note that the concept being
promoted by some of the plant smugglers that once a plant has entered the
country, even if illegally, is now legal to possess is incorrect."

This may become pertinent to the kovachii situation if the
ultimate source of the propagules is ever determined to be outside of
Peru, which seems possible.

The address in the header isn't valid. Send no email there.

-AJHicks
Chandler, AZ



This is when I stopped reading and talking about CITES. It just too
unwritten and dependant on whoever's interpretation. As I once said if I
had spent as much time on my 401(k) portfolio as I spent reading
CITES.org I'd be rich right now. (George Norris told me that was the
most intelligent thing I'd ever said.)

K Barrett
  #75   Report Post  
Old 27-11-2005, 07:12 AM posted to rec.gardens.orchids
Munir
 
Posts: n/a
Default illegal orchids or orchid smuggling.....

Sterile seed and tissue cultures are exempt. But you have to be skilled
to grow those into orchids. From
http://www.cites.org/eng/app/appendices.shtml :
"For all of the following Appendix-I species, seedling or tissue
cultures obtained in vitro, in solid or liquid media, transported in
sterile containers are not subject to the provisions of the Convention"

Appendix I are the rare ones--even those threatened with extinction.
Follow the link for a list of names. All phrag and phaphs are listed as
Appendix I.

Most people seem to run into trouble with plants of flowering size that
are or appear wild-collected. Also, many people don't read CITES and
don't know that many types of Orchids cannot be shipped internationally
at all.

At this point, the easiest orchids to ship internationally are hybrids
of the genera Cymbidium, Dendrobium, Phalaenopsis and Vanda. They've
become so common (i.e. grown in large numbers commercially) that these
can now be shipped without much hassle. In fact they are exempt from
CITES if the shipment meets specific requirements. (See footnote 8 on
the above page--very informative!)

-Munir

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