Sean Barry
---------- Forwarded message ----------
To: Multiple recipients of list <cites-l@wcmc.org.uk>
We would like to respond to the series of recent postings on this list
regarding the seizure by the U.S. Fish and Wildlife Service of a
shipment of venus flytraps and pitcher plants. These CITES-L postings
were in response to an item included in the February CITES Update
issued by this office (Update 41). We have not responded to the
postings until now, as we were waiting for detailed information from
our Division of Law Enforcement on the case. Much of the conjecture
about the shipment was incorrect, and we would like to inform the
readers of CITES-L of the realities and facts of this important case.
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The Division of Law Enforcement has provided the following facts about
this case:
A shipment was seized on January 31, 1996 at the Baltimore
International Airport containing the following plants listed in CITES
Appendix II:
8,190 venus flytraps (Dionaea muscipula)
130 pitcher plants (Sarracenia purpurea)
1 pitcher plan (Sarracenia rubra)
Physical examination of the plants, soil composition and pH analysis,
and analysis of unrelated plant material from the shipping containers,
indicates that all plants involved in the shipment were
wild-collected, most likely from a single area in the State of North
Carolina. All plants appear to have been recently dug. Physical
examinations and analyses were conducted by expert plant ecologists
and botanists.
No CITES permits, CITES certificates of artificial propagation, or any
other relevant documentation were obtained or presented by the
defendant or others involved, all of whom were aware of the CITES
requirements. State law and relevant regulations require that
permission to collect from landowners must be received in order to dig
wild venus flytraps. In addition, in North Carolina, in order to
distribute, sell, or offer for sale venus flytraps, either a Nursery
Dealers Certificate, a Plant Inspection Certificate, or a Nursery
Registration Certificate must be held.
The shipment was not declared to the U.S. Fish and Wildlife Service or
U.S. Customs Service. False documentation accompanied the undeclared,
smuggled plants.
The defendant(s) was twice notified by the U.S. Customs Service
(Baltimore Airport) that plants or wildlife being exported may require
a shipper's export declaration, export license, permit, or
registration, and that a U.S. Customs Service official was available
to help passengers at the check-in counter prior to departure.
The defendant(s) worked for a major foreign nursery supply/retailer
and the plants involved were intended for commercial resale and
artificial propagation.
All seized plants were placed with a cooperating government agency for
care and maintenance. All plants involved in the shipment survived in
excellent condition, and will be replanted in the wild after final
disposition of the case is settled.
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I trust these facts speak for themselves. When all legal proceedings
in this case are finalized and the case is settled, we would be glad
to post the outcome on this list.
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** Dr. Susan Lieberman **
** U.S. Fish and Wildlife Service **
** Office of Management Authority **
** 4401 N. Fairfax Dr., Room 430 **
** Arlington, VA 22203 **
** Phone: 703/358-2095 x5485 **
** Fax: 703/358-2280 **
** **
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