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Illegal sale

  • Thread starter gr8oz
  • Start date
Illegal because the plant is protected? It looks like he didn't dig it up.
 
Illegal because the plant is federally protected. I contacted him (and eBay) and told him it could be sold within Ohio, but it's illegal to sell across state lines. I'll see if he (or eBay) responds.
 
Technically he could give them away across state lines, it's always just as long as he doesn't make a profit.
 
He could, but he's got these on eBay.
 
From what is being said then, he could auction off postage and handling expenses, for this "free" plant he is giving away to the auction winner?
Or perhaps auction off the pot he puts it in, while giving away the plant for free...right?
 
According to the thread I linked, you're not even allowed to charge for shipping. I'd wait to see if he takes the listing off before reporting him to ebay, it might just be a misunderstanding.
 
Silence is right. You are not legally allowed to engage in any form of monetary transaction when gifting this plant, as well as oreophila, jonesii, and others...not even for postage. I have seedling S. alabamensis plants that I'll be giving away in Spring 2011, but when I do, the postage will be on me.
 
  • #10
what if hes selling a pot that comes with a "free" s.alabemensis
 
  • #11
As a seller, you have to ask yourself how the governmental agencies are going to look at the attempted sale. A plastic pot only costs a few cents. If you charge $10 or $15 for a 4 in. round, I think you'd be setting yourself up for trouble. Besides, you have to respect the reasoning behind these conservation laws. If loopholes are left unregulated, poachers will start having a field day...literally.
 
  • #13
As a seller, you have to ask yourself how the governmental agencies are going to look at the attempted sale. A plastic pot only costs a few cents. If you charge $10 or $15 for a 4 in. round, I think you'd be setting yourself up for trouble.

Ditto for "shipping and handling fees". What $40 for shipping and handling and postage stamp says $5.60???
 
  • #14
I am working to build a greehouse and need some more funds. Since I cannot sell this plant across state lines I am offering to anyone who would like to donate to help build my greenhouse a division of Sarracenia alabamensis, or rubra var. alabamensis if you prefer.

Donation for his greenhouse?
I doubt that would hold up in court..

"but officer, I didnt pay her for those services, I just gave her a "donation" because..um..her car needed a new muffler..yeah, thats it, thats the ticket"..

the auction still looks illegal to me..
no matter how he tries to phrase it, "donation" or whatever, if he accepts any money, its still illegal..

Scot
 
  • #15
Looks like ''Bidding Ended'' :)
 
  • #16
Here's the email response I got from the seller before the auction was ended (by eBay, it seems):

"Point taken, I have revised the listing...may not be totally kosher, but I've purchased several federally listed species from ebay without incidence. thank you."

Misinformed and clearly not concerned about conservation efforts, but at least he/she was polite.
 
  • #17
I would look up said auction site's rules, I believe that is against the rules there.

I think, it has been a while since I looked.
 
  • #18
Don't be ridiculous! Ebay has no rules that they obey when it comes to making money. A waste of time writing them.
 
  • #19
http://pages.ebay.com/help/policies/index.html

There are many, many, many rules. Unfortunately, eBay relies on the general public to police the listings. While selling the pot and giving the plant for free *may* be legal, you'd likely have the listing reported twenty times in the first five minutes. eBay moderators don't usually take the time to go read the rules, they'll just kill any listing that gets reported.

I am still sure I read it somewhere that you can't do that, but I'd be danged if I can find it now-- they've changed the rules format again, and I can't find Jack Snot! :rant:

Of course, I can always go ask my buddies on the forums, they'll know, that's all they do. :-D
 
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  • #20
You may have a point here. If they get flooded with reports then they might react to it. The number of people reporting it could make them think about it. I reportted stuff in the past and no action was taken.
 
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