Introduction; NC laws on VFT's & rarities
Marj Boyer (Marj_Boyer@ncdamail.agr.state.nc.us)
Thu, 07 Mar 96 13:23:08 EST
Hi, CP folks, I'm new here, and introduce myself with a fair amount of
fear and trembling, because I'm a GUMMINT OFFICIAL. Precisely,
Botanist with the Plant Conservation Program, North Carolina Dept. of
Agriculture. Our program keeps the list of endangered & threatened
plants in the state, regulates & issues permits regarding such plants,
and carries out projects aimed at conserving the plants in the wild.
We work closely with other conservation agencies, public & private,
with the mutual purpose of saving rare species as part of our natural
heritage. I'm a conservation botanist by preference, a bureaucrat by
necessity, and, incidentally, a card-carrying member of the ACLU.
Some facts from the gummint side:
N.C. laws governing Venus flytrap: VFT's are legally protected under
the N.C. Plant Protection & Conservation Act, listed as "Special
Concern" (i.e. not endangered or threatened, but entitled to
regulatory protection because their exploitation could get them to the
endangered-threatened stage). Our regulations define Venus flytrap as
"Any plant of the species Dionaea muscipula INCLUDING CUTTINGS, ROOTS,
FRUITS, SEEDS, PROPAGULES OR ANY OTHER PLANT PART" {my emphasis] and
state, "(1) Venus Flytraps may not be uprooted, dug, taken or
otherwise disturbed or removed for any purpose from the lands of
another without a written permit from the owner which is dated and
valid for no more than 180 days except that the incidental disturbance
of protected plants during agricultural, forestry or development
operations is not illegal so long as the plants are not collected for
sale or barter. (2) Venus Flytraps may not be uprooted, dug, taken
or otherwise disturbed or removed for any purpose from public lands in
North Carolina without a written permit from the agency which is
responsible for administration for such public lands." Also, "No
person may sell or offer for sale Venus Flytraps unless they have been
lawfully collected, propagated from lawfully obtained stock plants or
seed, or collected from one's own land."
Convicted violators are fined $100-$500 for a first offense,
$500-$1000 for subsequent convictions. "Each illegal movement or
distribution of a protected plant shall constitute a separate
violation," says our Act, and for continued violations the court may
determine that each day in violation constitutes a separate violation.
This may sound rigorous but in practice it has been very hard to get
convictions or sometimes to get the law enforcement system to take a
rare-plant case seriously at all.
Besides the requirement of landowner's permission, anyone selling or
exporting VFT's needs a Collected Plant Certificate and/or a Nursery
Dealer Certificate from the NC Dept. of Ag. Plant Protection Section,
in accordance with our Plant Pest Law.
Permits for Endangered & Threatened plants: Sarracenia oreophila & S.
rubra var. jonesii are listed as endangered-special concern in NC. As
a general rule no taking is permitted of ANY part (including seeds) of
any endangered or threatened species from the wild, but we do have a
permit system that allows individuals UNDER CERTAIN CIRCUMSTANCES to
possess endangered or threatened species and to propagate & sell
species listed as endangered-special concern or threatened-special
concern. A number of individuals help us with our conservation
efforts by holding & propagating E & T species. These people operate
within our permit system. This way everybody knows who's doing what,
which helps the plants in the long run a lot better than vigilantes &
the gummint operating in ignorance of each other.
Sorry for being long-winded and stuffy. More info about North
Carolina regs, permits or list of E & T plants: e-mail me your mailing
address or write to the Plant Conservation Program, Plant Industry
Division, NC Dept. of Agriculture, POB 27647, Raleigh NC 27611. Since
my work time is funded by your tax dollars, and since I'm low on the
bureaucratic totem pole, I respectfully request that inquiries be
confined to facts; if you want to air opinions, PLEASE stick to the cp
discussion group & I'll read it in the daily digests. Thanks -
Yr friendly bureaucrat, Marj:
marj_boyer@ncdamail.agr.state.nc.us