Eric Hunt ([EMAIL PROTECTED]) queried thusly:

>That question brought to mind one I've had for awhile - seems 
>a good time to ask it.
>
>Is it illegal in any state to remove/collect *any* orchid, >regardless of whether it 
>is on public or private land?

No, no; we're still living in America, still allowed to do a little with our private 
property. :-)

On private land, it's a civil matter unless the species are federally listed or on a 
state protected list. So, then you need landowner permission, and, well, that's about 
it.

On public land, it varies. Bureau of Land Management land is pretty much open range, 
and permits are cheap and easy- if they're required at all. Wilderness areas are much 
tougher- anything that leaves more than footprints requires so many permits as to be 
prohibitive. This was invoked with a species I'd LIKE to work with here in the desert 
(an orchid), but it's just not worth the hassle. National Parks and Forests are 
protected, unless you have a lot of money and own a drilling company or a thumper 
truck:

http://www.sierraclub.org/ut/careforutah/p/DSCN4775.html

Gives a whole meaning to "Please don't step on the grass."

But! If the species IS protected, then it becomes a patchwork. If it's state 
protected, then you need the state's permission. If it's federally protected, then you 
*might* need a mother-may-I from the feds, and almost certainly from the state. Plus, 
if it's federally listed, you can't move it between states without a pile of permits. 
And if it's federally- or state-listed AND on federal land- have mercy on your soul.

I once caught some slob who sells these dig-em-ups on "eBay" selling Platanthera 
leucophaea, a federally listed species, as sold from his own property. Now THAT is 
perfectly legal UNTIL you offer them for sale across state lines. Then that's a big 
federal no-no.

So, I dumped a copy of the auction to my hard drive, contacted the office of the US 
Fish and Wildlife Service nearest to the seller, and handed them everything I had.

He still sells crap dig-em-ups on eBay, but no more platantheras. His feedback, last I 
checked, was "private" and pretty wretched as a percentage.

Anyway- that's just what I've gathered from my exploits. Don't take my word as legal 
advice. I've only ever worked with one federally protected species, and it was an 
absolute breeze: one-page state application that got turned around in under 24 hours, 
private landowner permission, and- done. The six-hour round trip was the most painful 
part of the deal.

Cheers,

-AJHicks
Chandler, AZ
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