Re: [OGD] Illegal imports

2007-09-24 Thread Roger, in Bangkok
Out of all the shipments globally in a year, just how high do you suppose
the incidents of intentional vs, unintentional law breaking do you suppose
there might be?

Regards/Roger, in Bangkok

On 9/24/07, Aaron J. Hicks [EMAIL PROTECTED] wrote:


  frank thrall [EMAIL PROTECTED] spaketh thusly:

 Barbara. Look at it this way. None of us would knowingly purchase
 illegally imported plants.

  A bit of an odd statement.

  When someone buys a box of paphs from Asia and has them sent
 to their doorstep in the United States- only to be intercepted by
 ICE- and ends up getting one heck of a stiff fine out of the deal, I
 would opine they knew precisely what they're doing. When every single
 species in that box is of the sort one cannot purchase legally in the
 United States- not just because they're Appendix I but because they
 are not available on the market- I would say it's a certainty.

  And does it happen? Oh, yes it does- and the physician who
 bought them was fined $10,000.

  -AJHicks
  Chandler, AZ


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[OGD] Illegal imports

2007-09-24 Thread Peter O'Byrne
Roger, in Bangkok asked: Out of all the shipments globally in a
year, just how high do you suppose the incidents of intentional vs,
unintentional law breaking do you suppose there might be?

That is impossible to quantify. But in certain cases, it is extremely
easy. Anybody outside Vietnam who has purchased a Vietnamese-origin
orchid in the last 15-20 years has broken the law. Same applies to
orchids originating in Papua New Guinea and purchased outside PNG in
the last 16 years, unless the orchids are in flask. Ditto for Myanmar.
Ditto for Laos. Not certain about China, but I could try to find out
how many CITES permits for orchids they have issued; I doubt it is
very many.

Anyone who owns a plant that originated in one of those countries has
purchased an illegally imported plant. We are talking here about a
significant proportion of OGD subscribers. How often have we seen
requests for help identifying (or cultivating, etc) an obscure
Viet-origin (Lao-origin, PNG-origin, etc) plant that was recently
purchased from xxx nursery ? Yes, those are the very plants I'm
talking about. I've said it before ... they're illegal.

Aha, you say  O'Byrne is twisting things again  the
question was about intentional law breaking, while I unintentionally
broke the law when I purchased my little darling.

Where I come from (and in every country I've resided in), ignorance of
the law is not an acceptable defence. You are expected to know if your
little darling is legit or not. So to Frank Thrall, who said None of
us would knowingly purchase illegally imported plants I would respond
sorry, but your statement is neither credible nor relevant.

Peter O'Byrne

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[OGD] Illegal imports

2007-09-24 Thread peter croezen


Out of all the shipments globally in a year, just how high do you suppose
the incidents of intentional vs, unintentional law breaking do you suppose
there might be?

Regards/Roger, in Bangkok

Roger no one knows the exact figure, but I imagine the ratio is much higher 
than one.

Let's just consider one of  many factors that go into the equation. In the case 
of Phragmipedium kovachii there are at this moment  FIFTEEN legal mature plants 
plus their divisions in two Peruvian nurseries, actively propagating all the 
legal seedlings in the world. 

With an estimated THREE THOUSAND illegal Phragmipedium kovachii plants smuggled 
out of Peru to countries all over the world,  plants for which huge sums of 
money were paid, many of which, no doubt, reached propagators and reached them 
one year before the two Peruvian nurseries got their legal plants, I venture to 
guess that the illegal seedlings  easily outnumber the legal ones by a factor 
of twenty to one hundred.  How this translates into a ratio you are looking 
for, I leave up to you.

peter


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[OGD] Illegal imports

2007-09-24 Thread Aaron J. Hicks

 Roger, in Bangkok [EMAIL PROTECTED] asked a question 
well outside my pay grade when he inquired thusly:

Out of all the shipments globally in a year, just how high do you suppose
the incidents of intentional vs, unintentional law breaking do you suppose
there might be?

 Well, now. If you include the commercial shipments worth 
$billions, it's probably close to negligible. But it's certainly not 
zero. Otherwise, why would there be 65 Plant Rescue Centers in the US 
and its territories?

http://www.fws.gov/international/pdf/prc.pdf

 They only cite statistics from 2002, but note that 281 plant 
shipments were intercepted, including 10,127 plants- of which 7,702 
were orchids. Of those 281 shipments, 280 went to plant rescue 
centers; one shipment (consisting of one plant) was returned to the 
country of export. One supposes this number has gone up on the basis 
of better funding and (hopefully) training on the part of 
interdiction personnel. It worked in the War on Drugs, after all; the 
Controlled Substances Act was passed in 1970, and we've hardly had a 
problem since then. Nixon declared War on Cancer in 1971, so I expect 
we'll have a cure for that soon, too.

 Whether the individuals purchasing these plants were 
intentionally breaking the law when they did so is unknown. When 
someone clicks on a dig-em-up in a brown box from Asia, it's tough to 
know whether either party has a full understanding of the Byzantine 
laws, regulations, and perpetually unwritten rules of order to which 
we mere mortals are left to interpret unaided. To borrow some of the 
context above and to steal from P.J. O'Rourke, it's tough to tell 
what impact the War on Drugs is having on crime because it's tough to 
get a urine sample from a crack addict while he's sticking up a 7-11.

 Warning: if some of the sarcasm included here went over your 
head, do not attempt to reach for it without proper supplementation 
with oxygen. No semblance between crack addicts and online purchases 
of dig-em-up paphs is implied, but it should be.

 Cheers,

 -AJHicks
 Chandler, AZ



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[OGD] Illegal imports

2007-09-23 Thread Aaron J. Hicks

 frank thrall [EMAIL PROTECTED] spaketh thusly:

Barbara. Look at it this way. None of us would knowingly purchase 
illegally imported plants.

 A bit of an odd statement.

 When someone buys a box of paphs from Asia and has them sent 
to their doorstep in the United States- only to be intercepted by 
ICE- and ends up getting one heck of a stiff fine out of the deal, I 
would opine they knew precisely what they're doing. When every single 
species in that box is of the sort one cannot purchase legally in the 
United States- not just because they're Appendix I but because they 
are not available on the market- I would say it's a certainty.

 And does it happen? Oh, yes it does- and the physician who 
bought them was fined $10,000.

 -AJHicks
 Chandler, AZ



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