Part of this issue is how conventions and regulations are INTERPRETED and APPLIED by the responsible organizations. The USFWS seems to take its charge of protecting endangered species far beyond the TRADE agreement that is CITES.
The fact that signatory nations "agreed" that the in-vitro plants are not under the auspices of CITES is unfortunately irrelevant to the subject of getting them into the country. As an analogy, here in the US, the FCC states that electromagnetic radiation broadcast into the airwaves is freely receivable by anyone. However, Connecticut, Virginia and the District of Columbia have decided that police radar detectors are illegal. I suppose that one could spend a lot of money in court battling the loss of one's radar detector and the payment of the fine, but with the pockets of the powers-that-be being deeper than most of us, it's basically a lost cause right from the start. -- Ray Original Message: ----------------- From: Peter\(Can\) Croezen [EMAIL PROTECTED] Date: Wed, 13 Apr 2005 12:14:43 -0500 To: [EMAIL PROTECTED], [email protected] Subject: [OGD] CITES does not apply to App I flasks, according to CITES Steve who said: >What Jerry has done is a valid action for sure. Right, he had to follow that route; I never said Jerry did anything wrong. >Peter, there is also another issue. If either of the parents are not >legally owned/collected, or if the range country has never issued >an export or reexport permit, the seedlings are not considered >legal, and most certainly require CITES. I disagree, for if that were the case, the owner/collector would not get CITES for his flasks, but would be charged with illegal possession of App I plants; all would be confiscated. This does not come into question at all Steve. The flasked seedlings Manola Arias sells for his father, Manuel Arias Silva, are supposedly propagated from crosses between the five legal parent plants, which Manola names in pairs as the parents of his flasked seedlings offered for sale. (see his Peru-Flora brochure) If INRENA believes the Pk flasks are what Manola says they are, they can allow the export of them without a CITES permit. The accepted rule by member CITES countries, is clear.........no CITES permits are required for App I flasks propagated from legal AP I plants. -------------------------------------------------------------------- mail2web - Check your email from the web at http://mail2web.com/ . _______________________________________________ the OrchidGuide Digest (OGD) [email protected] http://orchidguide.com/mailman/listinfo/orchids_orchidguide.com
