- Jun 26, 2006
- Reaction score
- Puerto Maldonado, Peru
I'm sorry, I completely disagree. The plant was not a Phrag. It was NOTHING, it was an unidentified plant when the export/import occurred. It needs an published scientific description to have a genus and a species and therefore be protected by CITES.
It was an orchid.
All orchid species are listed on CITES.
It was easily identified as a Phrag, that is why he transported it.
All Phrags are CITES1.
Without an official description the Peruvian government would not have issued export permits.
No plants legally enter the USA without a phytosanitary certificate. If he had a false certificate then that is just another offense.
The fact it had no formal species name means nothing under CITES enforcement. It is the importing persons responsibility to make correct species identification BEFORE importing into the USA. This is clearly stated on all plant import permits.
No export/import occurred if the plant was smuggled and not decvlared.
CITES is a bad law and bad program but it was written well enough to make it difficult to get around. Anyone transporting species across International borders is held accountable under CITES.
Just saying the way it is.