Re: [OGD] Carson's Rant and Tom's Agreement (Peter O'Byrne)

2006-05-21 Thread SlipperGuy
Peter,

I'm sorry.  I can't answer for the third world countries and how they can or 
cannot do things.  Apparently, though, CITES is so f_ed up they didn't 
consider that either.  Most of what is expected is what can be expected to be 
available in developed countries.  Thank you for pointing that deficiency out!

As for your irrelevant question, I stand by it.  I complained about a 
specific case, you asked a question which I took to be general and I answered 
that it 
was irrelevant.  As for the case I complained about, what they want to do 
with their plants is irrelevant - their decision - not one for you or me to 
decide for them.  Environmentally sound or not is irrelevent, period.

Carson E. Whitlow
Adel, IA

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[OGD] Carson's Rant and Tom's Agreement

2006-05-20 Thread Peter O'Byrne
Carson, you said:

"CITES has a fairly straight-forward definition of "salvage."  In most
cases, letters of permission from land owners, or appropriate state
officials would provide the necessary supporting documents."

Sorry, but that is such a developed-world solution. It doesn't solve
anything in the third world (ie most of the orchid-rich world) because
the land-owner is often absent, or illiterate, or the land-ownership
is unclear or disputed, or the land is collectively-owned, eg by the
local villagers. Anyway, what is to stop the salvager from writing the
letter himself, or dictating the words to a professional letter-writer
in the nearest town ? Upshot: there is no-one to write the letter,
and/or any letter you produced would probably be worthless.

In most orchid-rich places I can think of, there are no "appropriate
state officials" to provide the necessary supporting documents. Unless
you were to provide an individual incentive, it is most unlikely that
any state official would risk his job by exceeding his authority.
Upshot: your desire to get the papers just increases the local
corruption levels.

Carson, you responded to my question "Why does salvage have to be
followed by export for profit, when replanting them somewhere nearby
is usually a more environmentally-sound option ?" with: "This question
is irrelevent.  No-one is implying that salvage has to be followed
with anything."

Actually Carson, you did. You started this by complaining that the
Canadian CITES officials refused to let some guy export salvaged
plants for his personal profit. Why don't you address my question, and
explain why the option you desire(export for profit) should be
permitted when replanting them somewhere nearby is usually a more
environmentally-sound option ?"

Thomas Hillson chipped in with the disingenuous:

"Then with the proper permits people can salvage the plants and the
plants be replanted into similar areas and allowed to continue to
provide beauty for all, and some people with proper permits can
salvage the plants and they can be taken to
nurseries and grown on and the progeny put into the commercial
market..This could be added to the CITES Treaty  "

Tom, in most countries in the orchid-rich world you do not need a
permit to salvage plants and replant them locally, unless you were
thinking of doing this in a National Park, Forest Reserve, or other
gazetted locality. You do not need a permit to grow plants in
nurseries. You do not even need a permit for the progeny to be put
into the commercial market and exported, as long as they are in a
sterile flask at the time. Everything in your paragraph (above) can
already be done without a permit, so I guess you meant something else
 are you sure you didn't omit to point out that your nurseries are
located in a foreign country ? That was just a little bit sneaky of
you.

Tom, you said "I feel that CITES is nothing more than an impediment in
the way of
Legal International Trade." Spot-on, boyo. That is EXACTLY what it was
intended to be, and that is EXACTLY what it is a definition of
your "Legal" and therefore a restriction on uncontrolled International
Trade. You are complaining that the leopard has got spots.

Finally, Tom, I'll comment on your sentence: "Most Countries would not
like other Countries telling them they can not mine where they want to
or they can not allow clear cutting of trees in certain areas ..
That is what needs to be added to the CITES Treaty to make it work."

I don't think that will make anything work. Most countries were
opposed to the invasion of Iraq, but the US went ahead and did it
anyway. Your country has signed the Geneva Convention, but you've
still got Guantanamo, secret prisons and torture-chambers. There is an
international treaty banning the use of land-mines, but the US still
plants huge numbers of them around the world each year. Since when did
any country do what other countries tell it to do, if it doesn't agree
?


Cheers,

Peter O'Byrne

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Re: [OGD] Carson's Rant - Agreement

2006-05-19 Thread Thomas Hillson
I agree with Carson's Discussion on CITES.

I feel that CITES is nothing more than an impediment in the way of 
Legal International Trade. Is there need for rules regulating the 
International Trade in Orchids, yes? I feel we need an International 
Treaty that not only controls the movement of plants, but how 
Countries treat their endangered species. Most Countries would not 
like other Countries telling them they can not mine where they want 
to or they can not allow clear cutting of trees in certain areas, or 
build roads where ever they want to with out allowing people to go in 
and salvage endangered species. That is what needs to be added to the 
CITES Treaty to make it work. Then with the proper permits people can 
salvage the plants and the plants be replanted into similar areas and 
allowed to continue to provide beauty for all, and some people with 
proper permits can salvage the plants and they can be taken to 
nurseries and grown on and the progeny put into the commercial 
market. All of this could be added to the current treaty with a 
standard set of rules and permits that allow people to do deal with 
plants for preserving them in natural setting or selling them in 
International Trade without being burdened by foolish and cumbersome 
rules. Salvage should be Salvage, no matter what the destiny of the 
plants. If it is not then why bother to preserve them if the Country 
of origin can just bulldoze the plants with out allowing for any 
preservation of the plants.

At the same time their need to be serious criminal penalties for 
people who are collecting plants illegally, or selling them 
illegally. At the same time we need to make sure that those people 
who are selling plants legally are not burdened with too many 
regulations to allow them run their business. Like most legal systems 
we need a set of rules that are simple, easy to follow and not 
burdened by too much red tape.

As an amateur who used to import plants and flask from International 
Growers, I am very frustrated that I have to go through way more 
paper work than I feel is necessary to import plants. I would 
probably only import two to twelve flasks a year, and it is not worth 
my time to do the work to get the plants. I can call one of the US 
growers and get most of what I want from them with out the paper 
work. This is great it is making more money for local growers, but it 
is Restricting Trade!

CITES has probably done a great job of restricting trade on Animals 
and Animal parts and there by preserved Animals in their native 
habitats. I do not see the same benefits for plants. I just see a 
Restriction on Trade.


-- 
--Tom

/
| Tom HillsonAgriculture Computer Services Manager
|(515) 294-1543  College of Agriculture
|  Iowa State University
-
|"The only thing I have too much of is too little time"

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[OGD] Carson's Rant - Response to O'Byrne Vol. 8, No. 181

2006-05-19 Thread SlipperGuy
In response to your questions:

"1) How do you propose that the CITES guys differentiate between plants that 
have really been salvaged and plants that have suffered "gratuitous salvage" ?"

CITES has a fairly straight-forward definition of "salvage."  If this is 
followed, there is no problem, except as you indicated regarding "gratuitous 
salvage" which does not meet the criteria.  In most cases, letters of 
permission 
from land owners, or appropriate state officials would provide the necessary 
supporting documents.

"2) Why does salvage have to be followed by export for profit, when 
replanting them somewhere nearby is usually a more environmentally-sound option 
?"

This question is irrelevent.  Noone is implying that salvage has to be 
followed with anything.  Sales and/or export for profit or otherwise are just a 
couple of options.  Replanting some or all of them in a suitable area is 
another. 

I always find it interesting that the few bad guys are used to illustrate 
what the officials are concerned about.  So, we are all treated as potential 
criminals.  Well, there are a few government officials which are corrupt - 
perhaps 
we should treat all of them as corrupt individuals and challenge what they do 
and why.  I don't think they would like that nor enjoy proving what they are 
doing is legal and within their job description.

Maybe in the case of the Canadian official, they should be required to 
provide the rule/regulation that specifies that sale of the salvaged plants 
disqualifies them from receiving an export permit.  I know I would demand it.

Unfortunately, CITES continues to interfere and add considerable expense to 
legal business.  The basic premise for CITES as it applies to plants is false.  
The placing of all orchids on Appendix II was arbitrary and capricious.  Yet 
nothing is being done about it.  As long as nothing of consequence is being 
done about it, except to provide for the large commercial exporters of Europe 
and Asia, it needs to be brought up.  So, Peter, when CITES can be shown for 
what it is, I will continue to bring it up.  And this is one of the proper 
forums 
on which to do so .

Carson E. Whitlow
Adel, IA

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[OGD] Carson's rant

2006-05-18 Thread Peter O'Byrne
Carson E. Whitlow had a good rant, starting "Recently, a requested
CITES permit for salvaged plants was refused by the Canadian CITES
office because "we cannot allow you to profit from a plant that was
once wild."  Apparently, the Canadian CITES Administration is as
arragent and stupid as those administering the US CITES. .."

Carson, we've covered this ground before. You know as well as I do
that there are two totally different types of salvage. In one of them,
you go onto the logging site (roadworks, whatever) just before or just
after the chainsaws (bulldozers, dumpsters, whatever) and rescue as
many orchids as you can from imminent destruction.

The second sort of "salvage" is typified by that guy from Kentuck who
was selling locally-collected Cypripediums on e-bay. He was driving
his quad around the backwoods, and since the plants were in danger of
getting run over by his vehicle, he dug them up in case they got
damaged. This guy reminded me of the time that a group of profiteers
flew to Sarawak with the intention of "rescuing" Paphiopedilums from a
mountainside which just happened to be several kilometers away from
the airport development project which they claimed was endangering
them.

Carson, I've got two questions for you:

1) How do you propose that the CITES guys differentiate between plants
that have really been salvaged and plants that have suffered
"gratuitous salvage" ?

2) Why does salvage have to be followed by export for profit, when
replanting them somewhere nearby is usually a more
environmentally-sound option ?

Peter O'Byrne
in Singapore

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