CITES amendment

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Roth

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As I always said, the flasks of Paphiopedilum species have never, ever, been subject to the CITES before, including intaniae, ooii, etc...

The USA submitted the following amendment for approval:

http://www.cites.org/common/cop/15/raw_props/E-15 Prop-US Orchidaceae.pdf

Where it appears, at last, very clear, that at no time, until this amendment is accepted, Paphiopedilum flasks have been illegal according to the CITES.

As of today, it appears clear too that flasks of Paphiopedilum hangianum, vietnamense, etc... are completely legal in the USA. Otherwise the USA would never have submitted this amendment.

End of the story.
 
IMHO the new wording is more fuzzy. How can you prove that the plants are from a legitimate source? One only needs a hint of impropriety from the sender and the flasks are suddenly illegal. The blanket immunity of flasks was more practical. As almost all vietnamense etc... were collected illegally all flasks of these species will be illegal because they were "entering trade
as flasked seedlings produced from parental stock that has been illegally acquired and exported from range countries." This amendment seems like just another way to make our lives difficult.

One can make a case for "innocent until proven guilty" but we all know that is NOT how conservation officials operate.
 
from what I've heard about how restrictive american officials have been regarding the section 1 species, the amendment is how they want to enforce things right now. the amendment is more wanting the rest of the world to enforce it the same way, so there can be no confusion during lawsuits by those who have tried to import the appendix 1 species. it would be a challenge to try and convict someone if the defending parties can say 'this shouldn't be restricted; look, the rest of the world reads it this way and the world does this so why can't we?'. I think the present wording without amendment is supposed to make it legal for any flasked appendix 1 plants to be traded across lines, without regard to parentage (which I think is very reasonable) but here they have a different opinion. I think on paper it seems like a good idea, and since most appendix 1 species orchids come into this country instead of the other way around, it places the burden of proof and the expense and hassle of doing such on all the other countries that export them so there isn't as much regard for the potential headaches that would come about. ...but often things that might look good on paper don't have a very good realistic effect in practice.

now say if plants have been flasked in a source country and legally imported as flask or plants into canada, what would happen with this new addition? would plants now 'legal' become 'illegal' because they possibly couldn't prove that the source had collected them illegally? would they all be rejected because of lack, or would they become accepted because they were flasked seedlings of plants that came out of flask? how far back would you have to go in the lineage to prove that it wasn't an illegally collected species? would canada have to have an approval process for their nurseries where they would have to prove that their plants were all 'legally obtained' in order for certain nurseries to be approved as certified legal importers? this is more of a rhetorical question in that I'm curious to see the answers but it's more a wondering about how things would have to change if this amendment were attached... there would have to be a legal process created to determine this (I think, may already be in place)
 
Yes, this looks like the US wanting the rest of the world to interpret the flask rule as "we" do (parents must be legally obtained). Sheesh, sorry to take you down with us, rest of the world.

-Ernie
 
I deal a lot with Burleigh Park Orchid Nursery in Australia. They are an CITES authorised grower which means that CITES has visited there premises and declared that all is above board. This sounds simple enough but, as you say Charles, what if someone then claims that the parent plants weren't legal?

For me, the big issue is: so what? So what if the parent plant was hacked out of the wild you are selling a flask with 10s to 100s of seedlings meaning no other plant need be taken from the wild? Isn't nursery propagation the goal? The new wording will make it much harder for nurseries to operate and more profitable for poachers.
 
This is so ridiculous and horrible for the wild plants. How many people want collected roths. Not many. They should be encouraging as many flasks to get out into circulation as quickly as possible.
 
I deal a lot with Burleigh Park Orchid Nursery in Australia. They are an CITES authorised grower which means that CITES has visited there premises and declared that all is above board. This sounds simple enough but, as you say Charles, what if someone then claims that the parent plants weren't legal?

For me, the big issue is: so what? So what if the parent plant was hacked out of the wild you are selling a flask with 10s to 100s of seedlings meaning no other plant need be taken from the wild? Isn't nursery propagation the goal? The new wording will make it much harder for nurseries to operate and more profitable for poachers.

I have answered in another thread about some even less possiblre to understand ways of CITES to act and exist.Post it also here.
Someway,with this informations you can think that all paphs that have not been collected pre CITES or reproduced from the above list of nurseries are illegal,so,in the USA ways 99% of Paphs around are illegal or not possible to prove that they are legal...


Quote:
<Originally Posted by Sanderianum View Post
Yes Hourai propagates quite a fair share of their offer of paphs. So far they are the only one to do it in Malaysia. The remaining is close to none...>

Originally Posted by Valenzino

I work often with Houray and can confirm that they are the only nursery in Malaysia that really propagate Paph species.

Another interesting basic fact is CITES.I have helped them with some strange CITES procedures some years ago.They wanted to talk and do a REAL CITES registered nursery.As I live near Switzerland I was able to go to Geneve and talk to central CITES officials.After several years Houray managed to be a Geneve Cites Registered Nursery for Malaysian species reproduction.
Go to this page and press malaysia on the left.

http://www.cites.org/common/reg/e_nu.html

If we look all this pages,we can see that there are nearly no other "REAL" authorized nursery in south east asia(2 in Myanmar and strangely really a lot in India,but only for i medicalplant).So In theory "NO ONE" can export App I plants legally from SEA than those nurseries...

Maybe Sanderianum or someone else can explain us how this works and how ex..thailand exports thousands Paphs with Cites but dont have an "authorized" nursery.

And also if an authorized nursey registered in this list,that have the authorization of CITES for reproduce the Vietnam species that are illegal in the usa,can export there legal plants and flasks...

Someone knows?
 
What this does is limit "legal" production to the friends of CITES group. As mentioned above, technically 99% of paphs would become illegal also. Once again ignorance rules in policy making and the big US of A tries to make the world work from the USA point of view. :(
 
I can't speak for other countries, But in Vietnam it is illegal to collect wild paph. BD

Not quite, they can be rescued, and most nurseries dealing in paphs in Vietnam, even fresh jungle ones have got at a time or another rescued plants. VN laws allow to buy back plants that have been confiscated, opening the way for many nurseries to stay in the trade pain free...
 
Get a grip Baodai, those zillions of paphs collected in Vietnam in the 90s were done by the Vietnamese themselves, because of their greed for money. That's all. The unfortunate ones who may have lost their life most likely were not familiar with jungle orchid collecting and should have stayed home instead of being caught up in the fury of "big money."

Unfortunately, nearly all those plants perished because there weren't buyers in place who could market the "illegal" plants to outside buyers. Ask Sanderianum. He wasn't there at the time (I don't think) but I'm sure he can give more details.

Ultimately, CITES carries a huge responsibility for causing this in the first place.
 
It's true that Vietnameses make a huge amount of money out of wild collected orchids. Paphs, but not only. The medicinal trade is even far more important, and rpis off most of the forest. That's why den. nobile, fimbriatum, strongylanthum, and many others are very rare in the wild.

About the Authorized nurseries, it is not the correct wording... It is 'registered nurseries'. The official purposes of making registered nurseries/commercial breeding farms was to make CITES permits issuance easier.

In fact, paphs can be exported under two sources - apart from the jungle, pre-CITEs, and other stuff...

A for artificially propagated
D for artificially propagated coming from a registered nursery, or with special inspection by the CITES officer of a non-registered nursery, if the import country allows only D plants to be imported.

For plants traders, there is no need to be a registered nursery at all. In fact, it is HIGHLY dangerous to be registered.

Let's take Hourai, and another nursery far north in Malaysia. The former is registered, the latter is not.

Hourai can export Paphiopedilum, source 'D'.

The other nursery can export Paphiopedilum as well, source 'A', because they are not registered. As it happens even in Germany, that nursery can get 'D' permits if it is required by some countries to allow the import of paphiopedilum - Japan being the case in point.

Now Hourai exports some stonei, and a few plants look wild collected. The second nursery does the same. Both shipment are caught.

Because Hourai is registered, the only 'benefit' of the registration is that Hourais is supposed to know PERFECTLY WELL about breeding, artificially propagated, their commercial stock. They are supposed, as required by this registration, to have propagated artificially themselves all the items they are selling/exporting. No excuses, Hourai gets a big fine, the owner or staff that attends the exhibition can go to jail. Their nursery can be closed.

The second nursery, not registered, can say they did not know, their supplier did not inform to them, they are very happy that the customs explains to them that those plants are wild collected. They get a big fine, and end of the story.

The registration is just something highly dangerous to do, because it brings more responsibilities on the side of the exporter, but does not make anything easier. Quite a few CITES officers and governement offices advise against this registration, because it only bring heavier penalties in case of problem.
 
Unfortunately, nearly all those plants perished because there weren't buyers in place who could market the "illegal" plants to outside buyers. Ask Sanderianum. He wasn't there at the time (I don't think) but I'm sure he can give more details.

Ultimately, CITES carries a huge responsibility for causing this in the first place.
Lance,
I agree, the locate people collected these plants themselves. But if there is no demand then I don't think there is much supply. There were not CITES permit aproved by Vietnamese goverment until last several years, then how come plants only can be found in Vietnam is all over the world?
It doesn't matter how you look at it, if it exported to another country illegaly then zillion years from now those plants have oringnal parent still illegal.
Sanderianum can tell you that, all paph from vietnam is not allow to collect from the wild according to the "red book", or you can purchase one yourself. Now, I can you prove to you that all paph from vietnam export illegal, Can you prove to everyone that it is legal??? (if you are not then all hybrid also illegal)
The unfortunate ones who may have lost their life most likely were not familiar with jungle orchid collecting and should have stayed home instead of being caught up in the fury of "big money."
It seems like a real western man to me, (could be understanding as i have money to purchase thing from you, if you can get it for me, and i don't care if you are going to loose your life or not)
the bottom line is. Someone lost their life so now we can enjoy the hybrid
BD
 
If you give the point a view from a distant look then it is both sides' fault! One side is the demanding customers and on the other side the local people who would like to benefit economically!

On the other hand I would NOT demand something from someone if it were to cost his/her life!!!! So in this point I can understand baodai!!!!!

The thing is to consider wether this legislation is beneficial or not! Then things will get better!
 
I think Bodai is slightly wrong.
Unfortunately,the plants are collected also if there is not demand!!!I've seen in many countries in the tropics thousand plants dieing because no one wants.Many local peoples have compleately no money and no way to work,and try to make some money using resources from the wild...they collect everything....fruits,vegetables,wood(first reason for extinction done by companies with deforestation),rocks,orchids,kill animals etc...They risk their lifes everiday for themself like you do all the days when you drive your car!!!(Aska nd see how many of your friends have a friend or parent died in car accident).
After,when they are back home they try to sell what cannot be eat.
Also collecting orchids is a local bussiness and a bussines with near countries...many times not linked to the"flower market" itself...example collecting for medical purposes(I know there is a traditional chinese medicine receipt with paphs new shoots...they take new growth and throw away the rest of the plant!!!).
I understand what Bodai means with Illegal,and is true,in many cases but is only a matter of legislation and politics.
As Sanderianum said there are permits for rescue plants and export seized plants for reproduction and scientific purposes...so is always"how you read the law" that makes your plants legal or not....If we apply the way of thinking of Bodai,all the Paphs in the world are illegal and nearly all the Phrags(not kovachii)....and also all the other orchids(all orchids are CITES regulated and cannot be collected from the wild and sold)!!!!

When you say "Someone lost their life so now we can enjoy the hybrid".....this can be applyed to everithing in life...so I have to feel guilty even breathing!!!
 
I think Bodai is slightly wrong.
Unfortunately,the plants are collected also if there is not demand!!!I've seen in many countries in the tropics thousand plants dieing because no one wants.Many local peoples have compleately no money and no way to work,and try to make some money using resources from the wild...

That one is half correct too :evil:
The plants are definitely collected if there is no demand at all, daily, weekly, monthly. People collect tranlienianum and helenae without purpose. helenae is now a 'traditional chinese medecine', so the market is high - and the price is around 10us/kg nowadays in bulk.

Now, it is not the local people who have no money, it is people who have quite some money, like the resellers from Hanoi, who non-stop order plants, and kill them within weeks, just in the hope that a foreigner will come and buy 10US a paph that they just bought for 5US/kg.

The massive collection comes from the cheap price that Vietnamese traders force the Vietnameses suppliers to sell their plants - by kg instead of plant, and an enormous greed of the local Vietnamese traders for profit that lead to many plants to be collected.

If they accepted to pay the collector 0.5US/plant, and sell it 10US, they would still make profit, but in their mind 'less', because they pay 0.5US/plant, translate to 100US/kg of paphiopedilum helenae, tranlienianum, or coccineum. The 'good business' according to them is to pay 5US/kg. From that, it is out of their minds to think that if they pay 5Us/kg and kill 20kg, because no one can pot so many plants in so short time, they are loosing more money tha buying 100 perfect plants from the collector every few months. They do not want to put added value to their jungle paphs, unlike the Malays, or the Thais.

countries...many times not linked to the"flower market" itself...example collecting for medical purposes(I know there is a traditional chinese medicine receipt with paphs new shoots...they take new growth and throw away the rest of the plant!!!).

It is the first reason why so many orchids become extinct in Vietnam at the very present time, not the species trade at all.

The main problem is to educate the Vietnamese orchid traders about some simple trade concepts, and force them to follow it.

100kg of paph coccineum that they will buy in Hanoi from the countryside grower for 500USD = 500USD.

1 foreigner pay 2-5 USD/plant, 100 plants, sold - and 100kg is about 20.000 plants, I have seen such shipments.

But, it is wrong to think that 20.000 x 5 USD = the profit of the trader, because:

* The trader does not know how to keep those plants alive more than a couple of weeks, no one in Hanoi does.
* There are too many to repot, cut, care and treat within a few days - coccineum MUST be repotted within a week or it is heavily set back.
* One day, they will not be able to press the countryside people in selling the coccineum for 5US, because there will be no more.

Most of the killed paphs just end up in the Vietnamese traders houses, dying, nowhere else, and because it's their wish. At that point, the foreign customers have nothing to do with that, because, even when there is no demand for delenatii for the last 5 years, the collectors and traders play with kilos and kilos and boxers of that species, killing everything, in the permanent hope that the wealthy foreigner that was mentionned 10 years ago and paid the delenatii 10US will come tomorrow...

I plan to write an orchid culture book for Vietnamese too, that would be useful, especially in the north, where the basic concepts are not understood, and kill many plants....
 
That 1 foreigner pay 2-5 USD/plant, 100 plants, sold - and 100kg is about 20.000 plants, I have seen such shipments
Maybe there is a problem here. In this case, there is one foreigner bought the plants. This gave local people hope they can sell again and make money. Then they go out collect more plants in hope another foreigner will purchase again, but the foreigner never came and plants die, then who fault is that??? It is both fault, correct?, here comes the chicken and the egg again !!! Regardless, if there is a foreigner purchase plants or not, the local will collect with limit number for medicine, Now the foreinger came (demand), the locate (supply) will collect more plants. It is still legal at this point for the local collecting plant as far as CITES concern. (even though it is not legal under local law). Then the bigger problem came when foreigner exports tons of plants without CITES. At the other end of the world, register nursiers etc somehow magicly make these plants legal (the prove for it, there are many plants can only exist in Vietnam and it has many gerneration of hybrids.
When you say "Someone lost their life so now we can enjoy the hybrid".....this can be applyed to everithing in life...so I have to feel guilty even breathing!!!
Being growing up at where these plants collected, I spent years with local people. Some places still don't have electricity. I try to speak for the local and make aware of what is going. If you are angry at me that is fine, nothing i can do. The least i can do, is making our point arcoss. (even it is not in perfect english but it is understandable)
Thank you,
BD
 
Perhaps it would be better to focus on making things better and coming up with ideas to implement rather than sitting around pointing fingers and arguing about who is at fault for bad situations. That is seldom productive and just results in everyone getting upset.

Susan
 

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