Plant Importation and Lacey Act Provisions
brown.mark (Fri, 10 Oct 2008 23:18:01 PDT)

I am reminded of what variuos french nursery people say about Euphorbia
dulcis 'Cameleon'.It was found here in France by a "visiting" british
plantsman or woman and some people here complain variously of that fact!!And
that no one here has benifited from it's comercialisation.Whose fault is
that?The plant was growing under their feet! I know of a few keen native
collectors of native plants and their sports.Sorely this could be handsomely
developped?I have found many really fabulous clones of galanthus here which
fetch huge prices in Britain and elsewhere (not for me,I don't twin
scale...)And now that interest of Hyacinthoides non-scripta clones are
taking off it is clear that the northrn french populations are very
interesting too!
I can easliy see a burgeoning industry of native plants bring quite handsome
profits to local people trading in locally grown native plants and their
variants.Just think of how the japanese have exploited their native flora
for centuries!And they don't sell cheap!!But then why should they? Come on
the rest of the world you are sitting on a gold mine!Don't just shut us out
sell us healthy and fascinating plants that grow on your doorstep.
I am reminded of japanese visitors and when they see the dasies (Bellis
perennis) in the lawn or even the Taraxacum officinale in the fields!They
all want so badly to know what it is and have a root or some seed.I have
given a good many interesting variants of native plants to them but rarely
do they perform as well in the continental climate of most of Japan.I too
love veriegated forms of wild plants/weeds!How many of you prefer the good
form of Arisaema sikokianum with its' fabulous marbled leaves?It is a
weed/wild plant in some parts of Japan.I have found really wonderful
variegated forms of our native Arum maculatum.Even the seeds are variegated!
I just am gob smacked when I hear of laws forbidding plant collecting! It is
another excuse to control resources by the centralized powers but which
really belong to the landowners and farmers etc who live and work there.I
would be delighted to buy any native grown native plants from any farmer or
enterprising landowner and share my resources with them!Such unimaginative
politicians should just crawl back under their rocks!!

----- Original Message -----
From: "Hannon" <othonna@gmail.com>
To: "Pacific Bulb Society" <pbs@lists.ibiblio.org>
Sent: Friday, October 10, 2008 11:49 PM
Subject: Re: [pbs] Plant Importation and Lacey Act Provisions

This and similar changes in US and international laws will probably
support
a growing shift away from independent parties organizing the importation
of
plants and toward a higher degree of organized exportation of plants (cf.
orchids) from countries of origin. In spite of some very real drawbacks
for
us, this seems a good way to encourage native flora nurseries to develop
in
foreign countries. Allowed to grow properly, this is to everyone's benefit
in the long run.
This process can also gradually raise awareness about the local benefits
of
protecting plants and animals and their habitats. Better that they are
seen
and appreciated as an emerging specialized commodity than to be destroyed
because their value is never appreciated on any level that affords
protection. On a more selfish note, without such home industry growth
there
may be little hope of continuing viable and diverse imports of live plants
and seeds.
Still many questions remain:

*If or how to discern collected legally (wild origin) from obtained/grown
legally in a nursery?

*Who if anyone will retain "ownership" of the material in perpetuity? If
implemented, how does this carry to subsequent "owners" and subsequent
generations of plants?

*So-called benefit sharing-- practical limits and mechanisms here are very
poorly developed or unconsidered for small lots of seeds and plants.
Underlying ethical concepts have been put forth with little serious debate
or counter-argument.

*What provision will be made for these and future changes in law in
countries that barely recognize such trade and have no legal mechanism for
accommodating any process for such minimal demand?

*Can a supplier be certified or will each transaction be a stand alone
export?

Even with ostensible benefits, by facilitating better practices and
possibly
clearer rules of operation, there remain many hurdles as difficult or more
challenging than those the laws attempt to remedy in the first place.

With everything going on in global finance today, this dialogue has a
familiar flavor.

Dylan Hannon

On Fri, Oct 10, 2008 at 1:14 PM, Boyce Tankersley <
btankers@chicagobotanic.org> wrote:

Dear All:

I want to share some information that recently came my way that will
impact importations of plants into the US.

A last minute addendum to the Agricultural Appropriations bill passed
earlier this summer changed the Lacey Act as follows:

"basically the Agriculture bill which is now law included new language
which amends the Lacey Act to include "any wild member of the plant
kingdom, including roots, seeds, parts, and products thereof" and give
the Secretary of Agriculture 180 days to come up with procedures for
clearances.

For animal specimens, the Lacey Act basically means that it is a felony
in the USA to import any animals that have been collected illegally
under any level of law at their point of origin, and the burden of
proving material is legally collected is on the collector and/or the
collection in which the material comes to reside. It is among the most
pervasive of US laws because of the impact of making foreign law a
felony. For insects, it is often hard to prove that their export is not
regulated by particular countries, because often no regulatory office
has the authority to write a letter saying they don't regulate them, but
at the same time, they will tell you in person that they don't care
about insects."

It appears that we will need a letter from the country of origin in the
future stating that the plants, seeds, roots, cuttings, etc. that we
import were collected legally.

Boyce Tankersley
Director of Living Plant Documentation
Chicago Botanic Garden
1000 Lake Cook Road
Glencoe, IL 60022
tel: 847-835-6841
fax: 847-835-1635
email: btankers@chicagobotanic.org
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