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Thread: CITES confusion

  1. #1
    God must have an interesting sense of humor Wesley's Avatar
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    CITES confusion

    So I was looking at the CITES website today and have a question. Article III says the the exporter and importer of Appendix I species must have permits saying that the material is not detrimental to wild populations etc and that the importer has sufficient capabilities to care for the imported material. The confusion I am facing though is that there is an exemption to the rule. Article VII paragraph 4 says that specimens bred in captivity for commercial purposes are deemed as Appendix II species. So, correct me if I'm wrong, would I not be able to sell an Appendix I species across state lines if I could prove it was bred in captivity and not collected in the wild?
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    AFAIK you don't have to worry about the plants crossing state lines, only international borders. Like USA to Canada or USA to the UK or vice versa. At least I've never had any problems sending and receiving Neps, orchids, insects, etc. from inside the US.

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    Some plants can only be shipped accross state lines if the shipper has a permit, a few sarracienia such as S.oreo and a few of the rubra ssp are good examples.
    Some days it just isn't worth chewing thru the restraints.

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    CITES species are protected by the Endangered Species Act of 1973 in the United States. The ESA is enforced by the US Fish and Wildlife Service which restricts transportation of any of the CITES Appendix I species across state lines for purposes of commercial activity.

    See http://www.fws.gov/endangered/ESA/sec9.html

    (b)(1) SPECIES HELD IN CAPTIVITY OR CONTROLLED ENVIRONMENT.—The provisions of subsections (a)(1)(A) and (a)(1)(G) of this section shall not apply to any fish or wildlife which was held in captivity or in a controlled environment on (A) December 28, 1973, or (B) the date of the publication in the Federal Register of a final regulation adding such fish or wildlife species to any list published pursuant to subsection (c) of section 4 of this Act: Provided, That such holding and any subsequent holding or use of the fish or wildlife was not in the course of a commercial activity. With respect to any act prohibited by subsections (a)(1)(A) and (a)(1)(G) of this section which occurs after a period of 180 days from (i) December 28, 1973, or (ii) the date of publication in the Federal Register of a final regulation adding such fish or wildlife species to any list published pursuant to subsection (c) of section 4 of this Act, there shall be a rebuttable presumption that the fish or wildlife involved in such act is not entitled to the exemption contained in this subsection. (2)(A) The provisions of subsection (a)(1) shall not apply to— (i) any raptor legally held in captivity or in a controlled environment on the effective date of the Endangered Species Act Amendments of 1978; or (ii) any progeny of any raptor described in clause (i); until such time as any such raptor or progeny is intentionally returned to a wild state. (B) Any person holding any raptor or progeny described in subparagraph (A) must be able to demonstrate that the raptor or progeny does, in fact, qualify under the provisions of this paragraph, and shall maintain and submit to the Secretary, on request, such inventories, documentation, and records as the Secretary may by regulation require as being reasonably appropriate to carry out the purposes of this paragraph. Such requirements shall not unnecessarily duplicate the requirements of other rules and regulations promulgated by the Secretary.
    Listing Dates
    Sarracenia rubra ssp alabamensis Mar 10, 1989
    Sarracenia rubra ssp jonesii Sep 30, 1988
    Sarracenia oreophila Oct 21, 1979
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    swords's Avatar
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    I see. I've never owned any of those Sarrs. However I have owned N. khasiana and N. rajah which are Cites I listed Neps and I never received any special papers. The only numbered "licensed" plant I ever got was a Cypripedium reginae MN State flower orchid.

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    Quote Originally Posted by swords View Post
    I see. I've never owned any of those Sarrs. However I have owned N. khasiana and N. rajah which are Cites I listed Neps and I never received any special papers. The only numbered "licensed" plant I ever got was a Cypripedium reginae MN State flower orchid.
    That's because those neps aren't native to this country and can be shipped as long as it is not international.
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    God must have an interesting sense of humor Wesley's Avatar
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    So essentially, CITES allows it with its exemption, but the FWS negates that exemption with it's own laws?
    ~Wes~

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    CITES is an international treaty and pertains to international import/export.

    The US Fish and Wildlife Service does not make laws, Congress does. CITES is an international treaty. The ESA is US Federal law.

    http://www.fws.gov/endangered/ESA/esasum.html

    http://www.fws.gov/endangered/ESA/sec2.html
    FINDINGS, PURPOSES, AND POLICY

    SEC. 2.
    (a) FINDINGS.—The Congress finds and declares that—
    (1) various species of fish, wildlife, and plants in the United States have been rendered extinct as a consequence of economic growth and development untempered by adequate concern and conservation;

    (2) other species of fish, wildlife, and plants have been so depleted in numbers that they are in danger of or threatened with extinction;

    (3) these species of fish, wildlife, and plants are of esthetic, ecological, educational, historical, recreational, and scientific value to the Nation and its people;

    (4) the United States has pledged itself as a sovereign state in the international community to conserve to the extent practicable the various species of fish or wildlife and plants facing extinction, pursuant to

    (A) migratory bird treaties with Canada and Mexico; (B) the Migratory and Endangered Bird Treaty with Japan; (C) the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere; (D) the International Convention for the Northwest Atlantic Fisheries; (E) the International Convention for the High Seas Fisheries of the North Pacific Ocean; (F) the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (G) other international agreements; and

    (5) encouraging the States and other interested parties, through Federal financial assistance and a system of incentives, to develop and maintain conservation programs which meet national and international standards is a key to meeting the Nation’s international commitments and to better safeguarding, for the benefit of all citizens, the Nation’s heritage in fish, wildlife, and plants.
    (b) PURPOSES.—The purposes of this Act are to provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved, to provide a program for the conservation of such endangered species and threatened species, and to take such steps as may be appropriate to achieve the purposes of the treaties and conventions set forth in subsection (a) of this section. (c) POLICY.—(1) It is further declared to be the policy of Congress that all Federal departments and agencies shall seek to conserve endangered species and threatened species and shall utilize their authorities in furtherance of the purposes of this Act. (2) It is further declared to be the policy of Congress that Federal agencies shall cooperate with State and local agencies to resolve water resource issues in concert with conservation of endangered species.
    Regardless Appendix II species still require an export license (and possibly an import license depending on the laws of country of the recipient). So even if a Appendix I species is classified as an Appendix II species from Article VII.4 permits are still required.

    http://www.cites.org/eng/disc/text.shtml#IV
    Article IV

    Regulation of Trade in Specimens of Species Included in Appendix II

    1. All trade in specimens of species included in Appendix II shall be in accordance with the provisions of this Article.

    2. The export of any specimen of a species included in Appendix II shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met:

    (a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species;

    (b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and

    (c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.


    3. A Scientific Authority in each Party shall monitor both the export permits granted by that State for specimens of species included in Appendix II and the actual exports of such specimens. Whenever a Scientific Authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I, the Scientific Authority shall advise the appropriate Management Authority of suitable measures to be taken to limit the grant of export permits for specimens of that species.

    4. The import of any specimen of a species included in Appendix II shall require the prior presentation of either an export permit or a re-export certificate.

    5. The re-export of any specimen of a species included in Appendix II shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met:

    (a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention; and

    (b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimize the risk of injury, damage to health or cruel treatment.

    6. The introduction from the sea of any specimen of a species included in Appendix II shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met:

    (a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; and

    (b) a Management Authority of the State of introduction is satisfied that any living specimen will be so handled as to minimize the risk of injury, damage to health or cruel treatment.

    7. Certificates referred to in paragraph 6 of this Article may be granted on the advice of a Scientific Authority, in consultation with other national scientific authorities or, when appropriate, international scientific authorities, in respect of periods not exceeding one year for total numbers of specimens to be introduced in such periods.
    For further comments see this post of mine
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