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illegal orchids or orchid smuggling.....
Far be it from me to correct Rob, but I think he may be mistaken. From the CITES web page: http://www.cites.org/eng/app/appendices.shtml the section on "Orchidaceae" is listed as: ORCHIDACEAE spp. 8#8 (Except the species included in Appendix I) Also noted is that "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." That "8#8" pertains to "interpretation," specifically: http://www.cites.org/eng/app/interpret.shtml "#8 designates all parts and derivatives, except: a) seeds and pollen (including pollinia); b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; c) cut flowers of artificially propagated plants; and d) fruits and parts and derivates thereof of artificially propagated plants of the genus Vanilla;" So- plants in vitro are specifically exempted (Appendix I and II), while seeds, pollen, pollinia, cut flowers from propagated plants, and all parts of propagated Vanilla species are exempted, provided they're in Appendix II. Seeds of Appendix I are not exempted. So, if my understanding is correct (and as I've moved a considerable number of Appendix I plants in sterile culture, labeled as such, with no CITES paperwork specific to them being Appendix I plants, I think it is correct), if they're in sterile culture, they are specifically exempted under the Convention. However, this is not absolute. The Office of Management Authority recognizes that some plants of Paphiopedilum vietnamense that have entered the country came from parent plants that did not have legitimate export permits. As a result, they are "fruit of the poison tree," and are illegal. (This does not include those from Antec, as they were not imported in flask, and are well-documented to have come from plants that were seized upon import, and the host country denied their return such that they were then placed in a rescue facility, and used for propagation.) I have this information first-hand from those at the OMA that make these sorts of decisions. If my understanding is correct, the United States is either the only country, or one of two countries, that accepts this interpretation of CITES. The other opinion is that if they're in flask, they're exempt regardless of their history; this opinion is shared by the balance of CITES signatory nations, best as I know. There are also those that contend the plants of Phrag. kovachii that have been bought and sold may not be legitimate under the US interpretation, as there is no proof that they were propagated in Peru, which issued the export permits for flasked plants. If this is the case, under US interpretation, these plants and their progeny could be declared illegal, and acted upon here in the US. I'm no lawyer, and if you think I am, you need better help than Usenet can provide. The address in the header isn't valid. Send no email there. -AJHicks Chandler, AZ |
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