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Thread: Looking to trade for S. oreophila, but ridiculously specific

  1. #9
    Whimgrinder's Avatar
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    It is still unclear to me whether the restrictions apply only to live plants, or only sometimes, based on permits and intent, or what.

  2. #10
    Hello, I must be going... Not a Number's Avatar
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    Seems fairly straight forward to me. If you have any questions do as Dr. Wurm did and contact the Fish and Wildlife Service. That would be more productive than endless speculation and arm-chair lawyering.

    http://www.fws.gov/endangered/regions/index.html
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  3. #11
    Hello, I must be going... Not a Number's Avatar
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    Quote Originally Posted by jonnyq View Post
    And again, sorry for the confusion. I had thought that they were only barred from crossing state lines if it involved a payment (commerce), whereas either a giveaway or a trade were legal, but that was apparently wrong. Good to learn!

    Added: (Seriously, really glad for the info. Truly do NOT want to break the law, inadvertantly or not.)
    The words commerce and trade are interchangeable. Commerce/Trade is the exchange of money, goods/property or services.
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  4. #12
    Whimgrinder's Avatar
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    Quote Originally Posted by Not a Number View Post
    Seems fairly straight forward to me. If you have any questions do as Dr. Wurm did and contact the Fish and Wildlife Service. That would be more productive than endless speculation and arm-chair lawyering.

    http://www.fws.gov/endangered/regions/index.html
    What I mean is that the permit, such as the ICPS has, applies to he distribution of seed to any state, but any/all exchanges of live plant material is limited to transactions within state lines, correct?

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    BS Bulldozer SubRosa's Avatar
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    Meadowview does sell a couple of endangered species with no mention of any restrictions on out of state sales. He lists an expiration date of 7/31/14 for his permit. There is obviously a way it can be done legally, but I'd bet dollars to donuts that doing it as a private individual, or for the express purpose of turning a profit would preclude the issuance of a permit. His being a non-profit almost certainly is a major factor in his having the permit.
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  6. #14
    Hello, I must be going... Not a Number's Avatar
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    Quote Originally Posted by Whimgrinder View Post
    What I mean is that the permit, such as the ICPS has, applies to he distribution of seed to any state, but any/all exchanges of live plant material is limited to transactions within state lines, correct?
    The term "Plants" in the regulations refers to Plants, seeds, and plant parts (cuttings, roots, tubers, pollen etc.)

    The permit application states this:
    http://www.fws.gov/forms/3-200-55.pdf
    Interstate Commerce permits authorize the sale of native endangered and threatened species across State lines, but only for activities that will contribute to the species’ recovery by enhancing their propagation or survival.

    PLEASE NOTE:
    • Interstate commerce activities for wildlife require the buyer to obtain a permit prior to the sale (50 CFR 17.21(f) and 17.31(a)).
    • In addition, our regulations at 50 CFR 17.62(a) for endangered plant species and 17.72(a) for threatened plant species require that –
    - Interstate commerce activities for plants taken from the wild require the buyer to obtain a permit prior to the sale.
    - Interstate commerce activities for plants taken from cultivated stock require the seller to obtain a permit prior to the sale.
    Quote Originally Posted by SubRosa View Post
    Meadowview does sell a couple of endangered species with no mention of any restrictions on out of state sales. He lists an expiration date of 7/31/14 for his permit. There is obviously a way it can be done legally, but I'd bet dollars to donuts that doing it as a private individual, or for the express purpose of turning a profit would preclude the issuance of a permit. His being a non-profit almost certainly is a major factor in his having the permit.
    I would say Meadowview and the ICPS seedbank's missions meet the proviso emphasized above.
    Last edited by Not a Number; 05-03-2014 at 11:00 AM.
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    FYI, you can get oreophila seed from the ICPS seed bank. All nice and legal.

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    Cthulhu138's Avatar
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    Problem solved. I'm sending Jonny a division of S.oreophila "Alabama" and S.oreophila "Sand Mountain" free of charge, no shipping fees, no trade involved.

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