CP mapping continued

Guido.J.Braem@bio.uni-giessen.de
Sun, 8 Dec 1996 12:13:17 +0000

Marj B. Wrote

> A major cautionary word about the maps and locality data: For any CP
> site that's on private property, LANDOWNER PERMISSION is needed for
> the distribution of the information.

> The fact that scientists/conservationists/government officials/
> anyone-in-the-know have locality information doesn't give them the
> right, let alone the obligation, to make the information available to
> others, when the sites involved are on private land.

I would want to caution about this message of caution. What
legislation do you base this on. Is that only so in the USA or
worldwide??? I think it is not very useful to make such statemenst
without proof. That is about the _right_ and now to the _obligation_.
What good would a CP mapping project be if all sited on 'private'
land are omitted??

> This is a VERY important point for conservation. Saving rare plant
> sites often involves very delicate negotiation with landowners, where
> any hint of private property rights being violated can make a site
> totally unavailable for any conservation action. Even when the
> landowners aren't so touchy, they're the ones who have the right to
> say who's to get information about their land and who's to be allowed
> on it.

That may well be so. However, [and I speak here for Germany, I do not
know the legislation in other countries off hand] if _protected_
plants are on the property, the landowner cannot do with them what he
wants. He cannot destroy them. He cannot transplant them, he cannot
do anything with them without special permission. He has the right to
deny access to the property but he may do nothing to the habitat.

> And let me point out that land owned by private conservation
> organizations - The Nature Conservancy, for one - is private land.

That is another point. No one should donate anything to private
conservation organizations if they do not make the sites available to
the public, if necessary under surveillance.

Happy CPing
GJB
Dr. Guido J. Braem ---- Plant Taxonomist
Naunheimer Str. 17
D-35633 Lahnau
Germany
Tel. [+49](6441]65333
Fax [+49](6441)65334