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#1
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Cites question
What are the rules about owning a registered hybred (wildcat reg. in
1995) that the parents are apparently considered endangered? The hybred was registered in 1995 as Paph a X Paph b. When I look the plant up in google these two parents are listed in many places as Paph a var b, and even in others that Paph a var b is considered a new newly discovered species in 2000/1. How can that be if a cross was registered in 1995? Thanx |
#2
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Hybrids are not under the purview of CITES, species are.
Species imported prior to the adoption by the various nations are legal from an ownership standpoint, assuming you can prove you got them pre-CITES. Taxonomists change things around al the time. Phal violacea has been around forever, but Phal bellina was broken out as its own species far more recently, so there could be a cross of A x violacea from 1950 that was made with bellina (violacea fma. Borneo), even though bellina didn't exist then. -- Ray Barkalow - First Rays Orchids - www.firstrays.com Plants, Supplies, Artwork, Books and Lots of Free Info! "flosaeris" wrote in message ... What are the rules about owning a registered hybred (wildcat reg. in 1995) that the parents are apparently considered endangered? The hybred was registered in 1995 as Paph a X Paph b. When I look the plant up in google these two parents are listed in many places as Paph a var b, and even in others that Paph a var b is considered a new newly discovered species in 2000/1. How can that be if a cross was registered in 1995? Thanx |
#3
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Hybrids may not be directly under the purview of CITES, but if a parent is
illegal in the U.S. then I believe the offspring will also be illegal in the U.S. Weren't all Paph. vietnamense hybrids illegal until Antec started making them with their legal plant? -danny "Ray" wrote in message ... Hybrids are not under the purview of CITES, species are. |
#4
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Ray,
Unfortunately, the USA interpretation of CITES takes the "fruit of the poisonous tree" interpretation. That means if a species is illegal to import into the USA, then all hybrids derived are also illegal. Right now the Vietnamese Paphiopedilums are experiencing this the most. It's my understanding that Vietnam is not a CITES signatory country, therefore any species discovered there since CITES went into effect are illegal to own in the USA, since no CITES export papers can be given by the exporting country. Dr. Harold Koopowitz in SoCal is the person to write and ask these questions - he's quite the authority on CITES. He can be found using Google. -Eric in SF www.orchidphotos.org "Ray" wrote in message ... Hybrids are not under the purview of CITES, species are. Species imported prior to the adoption by the various nations are legal from an ownership standpoint, assuming you can prove you got them pre-CITES. Taxonomists change things around al the time. Phal violacea has been around forever, but Phal bellina was broken out as its own species far more recently, so there could be a cross of A x violacea from 1950 that was made with bellina (violacea fma. Borneo), even though bellina didn't exist then. -- Ray Barkalow - First Rays Orchids - www.firstrays.com Plants, Supplies, Artwork, Books and Lots of Free Info! "flosaeris" wrote in message ... What are the rules about owning a registered hybred (wildcat reg. in 1995) that the parents are apparently considered endangered? The hybred was registered in 1995 as Paph a X Paph b. When I look the plant up in google these two parents are listed in many places as Paph a var b, and even in others that Paph a var b is considered a new newly discovered species in 2000/1. How can that be if a cross was registered in 1995? Thanx |
#5
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Danny and Eric - thanks. I had forgotten about that ridiculous
interpretation. -- Ray Barkalow - First Rays Orchids - www.firstrays.com Plants, Supplies, Artwork, Books and Lots of Free Info! "Eric Hunt" wrote in message ... Ray, Unfortunately, the USA interpretation of CITES takes the "fruit of the poisonous tree" interpretation. That means if a species is illegal to import into the USA, then all hybrids derived are also illegal. Right now the Vietnamese Paphiopedilums are experiencing this the most. It's my understanding that Vietnam is not a CITES signatory country, therefore any species discovered there since CITES went into effect are illegal to own in the USA, since no CITES export papers can be given by the exporting country. Dr. Harold Koopowitz in SoCal is the person to write and ask these questions - he's quite the authority on CITES. He can be found using Google. -Eric in SF www.orchidphotos.org "Ray" wrote in message ... Hybrids are not under the purview of CITES, species are. Species imported prior to the adoption by the various nations are legal from an ownership standpoint, assuming you can prove you got them pre-CITES. Taxonomists change things around al the time. Phal violacea has been around forever, but Phal bellina was broken out as its own species far more recently, so there could be a cross of A x violacea from 1950 that was made with bellina (violacea fma. Borneo), even though bellina didn't exist then. -- Ray Barkalow - First Rays Orchids - www.firstrays.com Plants, Supplies, Artwork, Books and Lots of Free Info! "flosaeris" wrote in message ... What are the rules about owning a registered hybred (wildcat reg. in 1995) that the parents are apparently considered endangered? The hybred was registered in 1995 as Paph a X Paph b. When I look the plant up in google these two parents are listed in many places as Paph a var b, and even in others that Paph a var b is considered a new newly discovered species in 2000/1. How can that be if a cross was registered in 1995? Thanx |
#6
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If you can tell what endangered Paph A and Paph B are and give us your full
name and address we could help you much better. Thanks in advance, Garland "flosaeris" wrote in message ... What are the rules about owning a registered hybred (wildcat reg. in 1995) that the parents are apparently considered endangered? The hybred was registered in 1995 as Paph a X Paph b. When I look the plant up in google these two parents are listed in many places as Paph a var b, and even in others that Paph a var b is considered a new newly discovered species in 2000/1. How can that be if a cross was registered in 1995? Thanx |
#7
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How inappropriate. Especially because I don't own the plant,
and I am trying to do the right thing. Thanks to the others that gave me information. I actually thought that was the case. I am curious though, what happens when the person doesn't know what they have. This particular plant, is from the collection of a deceased person. A very old collector which I understand isn't that uncommon for these decades old collectors to have something in their collection that cites doesn't like. The collection is now in the possession of caretaker, then a bulk was sold at a society meeting by that caretaker. I was helping this person find out what they had. I am very confident that all parties involved don't know what they have. They just bought a bulk of plants, and this one happened to be in it. The name the plant is under didn't have any information. It was only when I asked a friend to look in wildcat to find the parents that it came under the current category. Then, what to do with the plant. Destroy it? Even if the parents were legally obtained, due to the death it might be impossible to find out. thnx "GARLAND HANSON" wrote in message news:yQA2e.34384$mq2.22916@trnddc08... If you can tell what endangered Paph A and Paph B are and give us your full name and address we could help you much better. Thanks in advance, Garland "flosaeris" wrote in message ... What are the rules about owning a registered hybred (wildcat reg. in 1995) that the parents are apparently considered endangered? The hybred was registered in 1995 as Paph a X Paph b. When I look the plant up in google these two parents are listed in many places as Paph a var b, and even in others that Paph a var b is considered a new newly discovered species in 2000/1. How can that be if a cross was registered in 1995? Thanx |
#8
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It really depends what the parents are. If you aren't comfortable
discussing that in a public forum then I suggest you find a knowledgeable person in your area to help advise you. Do you know where the plant originated? If it has a tag from a nursery you can contact them for more info. If that particular cross is being sold by any reputable vendors in the U.S. then you're probably ok. There are only a few Paph. species that are really illegal. Going back to your original posting, just because some sellers currently list a parent as "Paph. A var. B" that doesn't mean your plant was made with "var. B". Most Paph. crosses get remade many times with different parents. Also, as Ray pointed out there may have already been "var. B" plants in circulation before that variety was officially named. -danny "flosaeris" wrote in message ... How inappropriate. Especially because I don't own the plant, and I am trying to do the right thing. Thanks to the others that gave me information. I actually thought that was the case. I am curious though, what happens when the person doesn't know what they have. This particular plant, is from the collection of a deceased person. A very old collector which I understand isn't that uncommon for these decades old collectors to have something in their collection that cites doesn't like. The collection is now in the possession of caretaker, then a bulk was sold at a society meeting by that caretaker. I was helping this person find out what they had. I am very confident that all parties involved don't know what they have. They just bought a bulk of plants, and this one happened to be in it. The name the plant is under didn't have any information. It was only when I asked a friend to look in wildcat to find the parents that it came under the current category. Then, what to do with the plant. Destroy it? Even if the parents were legally obtained, due to the death it might be impossible to find out. thnx "GARLAND HANSON" wrote in message news:yQA2e.34384$mq2.22916@trnddc08... If you can tell what endangered Paph A and Paph B are and give us your full name and address we could help you much better. Thanks in advance, Garland "flosaeris" wrote in message ... What are the rules about owning a registered hybred (wildcat reg. in 1995) that the parents are apparently considered endangered? The hybred was registered in 1995 as Paph a X Paph b. When I look the plant up in google these two parents are listed in many places as Paph a var b, and even in others that Paph a var b is considered a new newly discovered species in 2000/1. How can that be if a cross was registered in 1995? Thanx |
#9
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On Wed, 30 Mar 2005 09:24:19 -0800, "flosaeris"
wrote: This particular plant, is from the collection of a deceased person. A very old collector which I understand isn't that uncommon for these decades old collectors to have something in their collection that cites doesn't like. Several people have said that although the fruit of the forbidden is forbidden; grandfathered plants are OK. So the whole thing is that the hybrid is OLD has been in cultivation for a long time. And was in cultivation before the plant thru taxonomic shenanigans became a new discovery. Thus this is not forbidden but is grandfathered into being OK. That is the way I have heard it explained. But you have to keep the plant's history and be able to prove that this is the plant. How I have never heard. Unless the owner plans to breed with the plant I would not worry. Keep any inventory, or sale information he/she has listing the plant as part of this "historic collection". This documentation goes to proving the plant is an old hybrid. When was it registered? Was that before the species became Cities listed? Or is it on cities because it was moved? SuE http://orchids.legolas.org/gallery/albums.php |
#10
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flosaeris wrote:
How inappropriate. Especially because I don't own the plant, and I am trying to do the right thing. Thanks to the others that gave me information. I actually thought that was the case. I am curious though, what happens when the person doesn't know what they have. This particular plant, is from the collection of a deceased person. A very old collector which I understand isn't that uncommon for these decades old collectors to have something in their collection that cites doesn't like. The collection is now in the possession of caretaker, then a bulk was sold at a society meeting by that caretaker. I was helping this person find out what they had. I am very confident that all parties involved don't know what they have. They just bought a bulk of plants, and this one happened to be in it. The name the plant is under didn't have any information. It was only when I asked a friend to look in wildcat to find the parents that it came under the current category. Then, what to do with the plant. Destroy it? Even if the parents were legally obtained, due to the death it might be impossible to find out. If the plants were collected more than say 20 years ago, there isn't any problem. Otherwise, there could be a problem. Hard to say without knowing specifics. Practically speaking, if you don't sell or exhibit the plants, there is also no problem. Ethically speaking, I think your hands are clean. Legally speaking, who knows, I'm not a lawyer. Under no circumstances destroy the plants. That is just silly. Unless they are virused, diseased, or just plain ugly flowers (since they are hybrids). If they were species, I wouldn't destroy them even if the flowers were ugly. For several reasons. 1) They may be legally imported before Appendix I took affect. 2) They may not exist in the wild anymore and you would destroy valuable genetic diversity. 3) They may be 'poisonous fruit' today, but legitimate in a year or two. I'm not saying it is good to have illegally imported plants, regardless of how stupid CITES is when it comes to material that can be easily propagated (great for animals, remarkably illogical for plants). Unfortunately, that is the best system we have and the one that is currently in place, and we have to deal with it. But, once the heinous crime of illegal importation has been committed, it makes no sense to compound the error by destroying rare plants. In the ideal world, collection pressure on plants would be avoided by rapid and hassle free distribution of legally propagated material. But that world ain't here right now. Feel free to contact me off list ), and I'll be happy to give you my take on the specific plant in question. -- Rob's Rules: http://littlefrogfarm.com 1) There is always room for one more orchid 2) There is always room for two more orchids 2a) See rule 1 3) When one has insufficient credit to obtain more orchids, obtain more credit |
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