CITESCITES WorldWorld Official Newsletter of the Parties Convention on international Trade in Endangered Species of Wild Fauna and Flora (CITES)

Issue Number 9 – July 2002

From the Editor

The title of the Conventionkkk is clear: CITES ap- importing countries, and look at how botanical gar- plies to both animals and , and in fact, there dens can support national efforts to tackle illegal are many times more species of plants than ani- trade. We also provide tips on differentiating mals in the Appendices. Yet despite having an equal between wild-sourced and artificially propagated or- status in the eye of the Convention and being domi- chids, and consider advances in CITES implement- nant in numbers, plants seldom receive the atten- ing legislation for plants. With this issue of CITES tion and visibility they deserve. The trade in CITES- World we remind ourselves that CITES is equally listed plants is no less complex than that in animal about regulating the trade in plants, and that illegal species, and the illegal trade in plants is an issue of trade in CITES-listed plants is a continuing problem concern for all Parties. This illegal trade can involve that requires the attention of all Parties. trade without documents and documents issued for In a few months the CITES community will meet different specimens and, very frequently, can involve in Santiago, Chile, from 3 to 15 November 2002, for fraudulent claims of artificial propagation that can the 12th meeting of the Conference of the Parties. be difficult for the non-specialist to detect. In this To help with the preparations for this meeting, we ninth issue of CITES World we present articles on are providing our readers with a detachable list of the plant trade from the perspective of producing and proposals to amend the Appendices. See you in Santiago!

Inside

From the editor Illicit trade in live plants Illicit trade in live plants – an importer’s perspective Within the European Community, Germany is one Is that orchid wild-collected or artificially of the major consumer countries of imported live propagated? plants. There are many highly specialized nurseries and collectors in Germany, dealing among others Illicit trade in live plants – an exporter’s with the propagation of CITES-listed plants. perspective Unfortunately, the illegal import of protected live Botanic gardens and CITES plants still occurs in Germany, sometimes in signifi- cant amounts. Persons involved in these unlawful Special section: Proposals for amendment of Appendices I and II activities can be categorized according to their dif- fering motivations. These are tourists, ambitious pri- The devil’s claw and CITES vate collectors and professional smugglers with major commercial interests. What Parties can do to reduce illegal plant trade The plant-smuggling tourist is mainly interested Plants in legislation in bringing back home the lovely flowering plants that he/she sees while travelling, and this usually involves Recent publications on plants and CITES smuggling 1-10 plants without any of the documents required. Very often, these plants have been artifi- cially propagated in nurseries. World - Official Newsletter of the Parties Issue 9

The illegal collector is usually interested in a In May 2001, the German Customs authority, special group of plants, for example Asian after having been informed by the Management ladyslipper orchids (Paphiopedilum spp.) or Mexi- Authority, checked an import of several hundred can cacti of the genus Turbinicarpus. The illegal orchids from Taiwan, Province of . The im- collectors may smuggle in plants for their own col- porter declared that all documents were available. lection, and may propagate them for exchange or According to the CITES-equivalent documentation sale to other collectors. They usually import a all plants had been artificially propagated. Because greater variety of plants than would have originated of a general suspicion that illegal activities might from nurseries, and in most occasions bring in be involved, experts checked the shipment. They plants that have been collected in the wild. Some found the documents did not match the entire ship- highly specialized collectors have also a strong ment, which contained among others 57 speci- taxonomic or other scientific interest in their plants. mens of the genus Paphiopedilum and 141 speci- They may be highly motivated to search for new mens of a very rare Pacific islands species of the and undescribed taxa, and engage in collecting genus Dendrobium. All plants had been collected expeditions to extremely remote areas in the world. in the wild. In October 2001, a German citizen, known to be a professional collector with close contacts to a well-known orchid specialist living in , informed Customs that he wished to collect the personal luggage of his father that was being for- warded to him by a friend in . Customs asked to open the luggage; and inside were 78 wild-taken specimen of Appendix-I listed orchid species and 26 specimens of Appendix-II listed

species. Photo: Greg Allikas, www.orchidworks.com Allikas, Greg Photo:

Echinocereus gentryi

Professional smugglers are mostly interested in the commercial value of plants. Their usual ap- proach is to smuggle great numbers of single spe- cies, mostly those with a high commercial value. According to German enforcement officials, there are currently two plant groups that predomi- nate in unlawful activities. These are orchids from Southeast , especially from China, Vietnam and adjacent countries, and cacti from Central America, and Mexico. The following examples il- lustrate recent investigations and help to explain the current battle concerning illegal trade in CITES- Paphiopedilum charlesworthii protected plants. In March 2000, the Dutch Customs at During a regular review of plant taxonomic jour- Amsterdam’s Schiphol Airport checked the per- nals, a German hobbyist was noted to have de- sonal luggage of a German traveller arriving from scribed several new orchid species of the Appen- Mexico. Hidden in the four suitcases beneath the dix-I listed genus Paphiopedilum. The holotype of personal belongings were 927 live specimens of one of the newly described species had been de- 18 endemic Mexican cacti species (including posited in the herbarium of a bona fide botanical Ariocarpus, Astrophytum, Aztekium, Echino- garden in Germany. A check of the files determined cereus, Obregonia, Pelecyphora, Strombocactus that no import permits had been issued for such and Turbinicarpus), all of which had been taken orchids for research purposes. A subsequent in- from the wild. This information was immediately vestigation revealed that the hobbyist had received transmitted to the German Customs, which led to several plants from a contact in , and in ad- a search of the German traveller’s premises, and it dition that these plants had been collected in the was found he had propagated around 3,000 cac- wild in Vietnam and China. This case was handed tus specimens in his greenhouses. During the over to the public prosecutor.

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search a connection was discovered to another Vliet van G. Photo: person who owned a small nursery specialized in rare cacti species. During the ongoing investiga- tion reports and maps were found with precise in- formation on all the places where the plants had been collected in the wild. The case of the cactus collector from Mexico is not an isolated one. In the past we have had important cases when people tried to smuggle several hundred (and up to 1,800) specimens of endemic Mexican cactus species. In several cases road atlases and maps were found that identified where plants were collected, often involving sev- eral trips.

These cases show clearly the persisting prob- Artificially propagated hybrids of spp. in a lems that all enforcement and in particular Cus- controlled environment. toms officers face in their work: • on trees or rocks, or in the loose leaf litter on the identification of the specimens to species forest floor. level is only possible by highly specialized experts; Artificially propagated orchids are traded in enor- • the determination that plants declared as ar- mous quantities, forming probably more than 90% tificially propagated have in fact been collected from of the total volume of orchids traded internation- the wild can in many cases only be made by ex- ally. There are nurseries that produce annually more perts or officers with special training; than 35 million orchid plants, many to be sold on • people involved in illegal activities often know the national markets. Although the legal trade in about the regulations and identification problems, wild-collected orchids only forms a small propor- and in many instances it has been easy for them tion of the total volume, there is unfortunately an to mix legal and illegal plants in one shipment and important illegal trade associated with it. There are to use lawfully issued documents to cover their collectors who want to have specimens of wild ori- illegal activities; gin, or particular species that are not available as artificially propagated ones, often from countries • all too often court cases can become a dis- that prohibit the export of all plants of wild origin. pute between specialists over whether the speci- Other collectors are interested in species that are mens were taken from the wild or artificially propa- included in Appendix I. In particular the Asian slip- gated, and if sufficient doubt exists, the judge may per orchids (Paphiopedilum spp.) are very popular, proceed on the basis that the defendant is right and illegally acquired wild specimens are regularly and he will be set free. offered for sale.

The CITES Management Authority of Germany Vliet van G. Photo:

Is that orchid wild- collected or artificially propagated?

Orchids can be found on all continents and all climate zones but for the Arctic and Antarctica and A seizure of South American orchids illegally collected from the wild. Some of the lichens are still attached to the form the largest family of plants, with over 20,000 plants they were growing with. species in 750 genera as a conservative estimate. In the temperate zones the orchids are mainly ter- restrial. In the tropics and subtropics orchids are The form in which orchids are usually traded, mainly epiphytic or lithophytic, meaning they grow namely without flowers, makes it difficult to iden-

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tify them to the species level (though some orchid quickly withers into a brown powdery substance, genera are easy to recognize from their shape). A and only the tough woody cells that surround the critical distinction in combating illegal trade is the central vascular bundle of the root are left. In addi- ability to distinguish between wild-collected and tion, roots or root clumps may also reflect the shape artificially propagated plants. Enforcement efforts of the branch or rock they were growing upon, and should first determine whether the orchids in a appear uneven in shape. For orchids growing on shipment are wild-collected or artificially propagated trees, the roots generally grow parallel to one an- and, as this article explains, it is not that difficult other, following the path of the water runoff. Artifi- to determine this. cially propagated plants, on the other hand, have live and healthy roots, growing in different direc- tions and frequently reflecting the shape of the pot that they were grown in.

Photo: Hortus Botanicus, Leiden

A tell-tale clue: Wild-collected Dendrobium spp., with roots still attached to bark form the tree it was growing on.

The definition of ‘artificially propagated’, found in Resolution Conf. 11.11, Regulation of trade in plants, makes specific reference to the need for such plants to have been produced under controlled conditions: an environment designed for the pro- The roots of these Paphiopedilum spp. are mostly duction of plants, heavily controlled by man. This dead, and some only have the central vascular bundle left. The leaves of the two plants on the left control may involve potting and repotting, insect show evidence of attacks from insects. Some control, protection against sunburn, regular water- leaves have been bent during transport. Conclu- ing and feeding, and so on. A plant in nature can- sion: These plants are collected from the wild. not benefit from the care given under controlled conditions, and has to suffer from water shortage, insects, hungry mammals and other threats. These Look at the leaves provide the clues to be sought first. During packing and transport from the wild, the Look at the roots leaves of wild-collected plants are often crushed or torn. In addition many leaves show evidence of Orchids collected from nature travel from the chewing by insects or small mammals, have light collector to the exporter, often via middlemen. Dur- coloured spots caused by boring insects or holes ing this period of handling roots may partly or wholly caused by tunnelling larvae. Leaves with lichens, die off. Orchid roots are fleshly structures, covered mosses, liverworts or algae colonies are also in- by a skin (velamen) that is frequently silvery white variably of wild origin. Thirdly the prolonged travel of colour, and with a green or white tip. The roots from the wild to their final destination can cause largely serve to hold the plant on branches and damage through dessication. As the plants lose stems of trees or on rocky surfaces. Frequently water, their leaves loose their turgidity, and cracks they are so strongly attached that the roots have appear in the cuticle on the leaf blade, especially to be torn or damaged when the plant is removed along the midrib. Groups of cells in the epidermis from its substrate, or part of the substrate may may collapse, assuming the form of clustered de- remain attached. Only the tip of the root serves to pressions. However, these signs may also be found absorb water, either from moisture in the air or from in artificially propagated plants that have not been water flowing along the substrate on which it is properly taken care of. Artificially propagated plants ‘sitting’. When the root dies, the fleshy outside layer generally have healthy, undamaged leaves.

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World - Official Newsletter of the Parties Issue 9 Photo: G. van Vliet van G. Photo: Photo: Hortus Botanicus, Leiden

A Paphiopedilum specimen showing the damaged roots and leaves, and uneven growth caracteristics typical of wild-collected orchids.

A Paphiopedilum specimen showing the damaged roots and leaves, and uneven growth caracteristics typical of wild-collected orchids

Photo: Hortus Botanicus, Leiden

An artificially propagated orchid will have complete, live roots that reflect the shape of the pot it grew in, and healthy leaves free from insect and other damage.

A word of caution In some parts of the world orchids are grown out of doors under non-controlled conditions (e.g. on trees in coffee plantations, large gardens or without any protection against the natural environment). These cannot be traded as ‘artificially propagated, because the ‘controlled conditions’ do not apply. It may be difficult to distinguish these orchids from truly wild- collected ones. For reason of clarity, especially in A wild-collected Dendrobium specimen.This plant has court cases, it is better to distinguish between plants old pseudobulbs still present, its leaves are damaged by insects, and its roots, though cut short, still display that comply with the definition of ‘artificially propa- parallel growth characteristics. gated’ and those that do not, rather than stating that specimens not artificially propagated are by defini- Photo: G. van Vliet van G. Photo: tion ‘wild-collected’.

CITES Secretariat

Botanic gardens and CITES

Botanic gardens vary dramatically in size and resources but every one can help their national au- thorities in the implementation of the Convention. All Leaf of a wild-collected Paphiopedilum specimen. with cracks along the midrib and clusters of col- botanic gardens have knowledge of tending and grow- lapsed cells, indicating damage from dessication. ing plants, know the difference between wild and

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propagated plants and have some knowledge of Identification of possible detrimental trade what plants are in trade. Botanic garden staff also have enthusiasm for the plants they grow – a vital Enforcement authorities often target areas of asset in grabbing the attention of a world-weary high risk. Botanic gardens may often be able to Customs officer! point enforcement authorities towards the CITES plants that are vulnerable to illegal trade. Simple How can botanic gardens help enforcement information even relating to the time of year that agencies? plants are in flower and ‘attractive’ to overseas col- lectors may suggest a good time to do spot checks Training at airports. They will also know of reports of newly Enforcement officers need to know the basic described species or new sites, which may again plant groups covered by the Convention and which attract collectors. plant groups are likely to be artificially propagated. A small training seminar targeting the main spe- Photo: Botanic Gardens cies in trade and also looking at what form the species are traded can dramatically raise the awareness of enforcement officers. Its also impor- tant for enforcement officers to be aware that many plants presently controlled by CITES are artificially propagated. The better trained enforcement offic- ers are at targeting wild plants the stronger the case for removal of propagated plants from CITES controls. In the majority of CITES Parties, staff respon- sible for enforcing CITES controls also have to en- force a host of other legislation. They do receive general training but Customs training facilities are Customs authorities examining a shipment of plants. often bleak and soulless – at least in the UK! Why Botanic gardens can help train Customs officers in not arrange to have some of the general Customs basic plant identification and in distinguishing artifi- cially propagated from wild-collected plants training to be held at the national botanic garden? The garden will provide an atmosphere much more conducive to learning and you can easily include Identification and holding of confiscated some CITES plant training. In return botanic gar- material dens will benefit from gaining an understanding of This is an area that is fraught with difficulties. It how enforcement agencies work and get first hand is vital that enforcement authorities have access advice on how CITES controls apply to their gar- to experts that can identify confiscated material. If den. The building of a small CITES reference col- botanic garden staff are used it is important that lection of living plants used in CITES training can they are aware that they may have to back up that also be used in the botanic gardens education opinion by appearing as a witness in a court of law programmes. Your national botanic garden may be and be subject to cross-examination. Similarly running training progammes or seminars that have seized plants are potential ‘evidence’ for enforce- modules that enforcement staff can attend. ment officers but to botanic gardens they are living CITES works best where there is s strong rela- plants – often in very poor condition that have to be tionship between exporting and importing countries cared for and draw heavily on the resources of a and an understanding of the problems each side small botanic garden. faces. Study and training visits are vital tools in Botanic gardens and CITES enforcement agen- capacity building. If both sides understand the struc- cies can work together to detect and defeat illegal ture of the trade they can work together to target trade. The first step is to contact each other and illegal trade. Aid agencies are willing to fund such identify some simple targets. A good starting point exchanges. Botanic gardens in major importing to identify possible partner gardens is the website countries are ideally placed to host such visitors. of Botanic Gardens Conservation International at They can use the botanic gardens as a base while http://www.bgci.org.uk. getting to grips with the structure of the importing countries trade and CITES agencies. Training and enforcement tools can be developed directly relat- Noel McGough, Head of Conservation and Policy Section, ing to their needs. Royal Botanic Garden, Kew

6 World - Official Newsletter of the Parties Issue 9 Proposal Proposal 607 to exclude from the Convention: Convention: the from exclude 607 to 604 * 604 * 604 * 604 *

Amendment of Annotation original; the of part any contain does not that DNA derived synthetically a) b) urine and faeces; producedc) medicines synthetically and pharmaceutical other products genetic original the of part any contain do not that vaccines such as material from are which derived; they and d) fossils Annotation to colour exclude producedmorphs by captive breeding Transfer from toII IAppendix Appendix hemisphere northern of II Appendix to I Appendix from Transfer Sea, populations East (except the China Sea Yellow and Sea of Japan annotationpopulations), with * Pacific North western the of II Appendix to I Appendix from Transfer * annotation with population, Amendment of annotation Amendment of annotation Amendment of annotation Transfer of the Zambian population from I Appendix to II Appendix thefor purpose of allowing: a) trade ivory under in a quota ofraw 17,000 kg tusks by of owned whole New New Yellow- Alexandrine Alexandrine Padda Platycercus Ring-necked Ring-necked Tursiops truncatus Tursiops Rosellas Java sparrow Java Barnardius spp., 3 to 15 November 2002, Santiago (Chile) Santiago 2002, November to 15 3 Cyanorhamphus auriceps, auriceps, Cyanorhamphus C. novaezelandiae, C. novaezelandiae, Twelfth meeting of the Conference of the Parties Parties the of Conference the of meeting Twelfth Loxodonta africana Loxodonta africana Loxodonta africana Loxodonta africana Balaenoptera edeni Balaenoptera acutorostrata acutorostrata Balaenoptera Proposals for amendment of Appendices I and II I and Appendices of amendment for Proposals Agapornis spp., spp., Agapornis Psittacula eupatria, eupatria, Psittacula P. and krameri Species covered by the proposal proposal the by covered Species elephant Ringneck parrots Lovebirds spp., parakeet crowned parakeet Zealand parakeet parakeet oryzivora Black Sea bottlenose dolphin ponticus whale Minke whale Bryde’s elephant African elephant African elephant African African Proponent Proponent Switzerland Switzerland Switzerland Georgia Japan Japan Botswana Namibia South Africa Zambia 1 2 3 4 5 6 7 8 9 No. No. F A U N A N A U F A

7 CoP12 Proposals World - Official Newsletter of the Parties Issue 9 Primera ) Proposal Proposal Heosemys spp. Heosemys of Chile a through modification of annotations – 106 and + 211. Inclusion in II Appendix ( Inclusion in II Appendix Transfer from Appendix I to Appendix II of the Chilean population population Chilean the of II Appendix to I Appendix from Transfer I Appendix to II Appendix from Transfer I Appendix to II Appendix from Transfer I Appendix to II Appendix from Transfer Transfer to Appendix I of populations currently included in Appendix II II Appendix in included currently populations of I Appendix to Transfer Transfer from I Appendix ofto II theAppendix population of the province of Catamarca Transfer ofto II theAppendix populations of Bolivia arethat in I Appendix the of population the of II Appendix to I Appendix from Transfer Región Inclusion in II Appendix Inclusion in II Appendix Inclusion in II Appendix Zambia(ZAWA) Wildlife operations; management Authority from obtained and b) sales live under special circumstances. Amendment of annotation °604 * Transfer of the South African population from Appendix II to Appendix I Appendix to II Appendix from population African South the of Transfer Inclusion in II Appendix Inclusion in II Appendix Giant Giant , Kachuga ) roofed roofed Assam K. tecta Philippine pond turtle Hieremys annandalii annandalii Hieremys , Indian turtle roofed Kachuga dhongoka, Kachuga dhongoka, Kachuga kachuga, H. spinosa (except (except Amazona oratrix oratrix Amazona Leucocephalon yuwonoi Ara couloni Ara Amazona auropalliata auropalliata Amazona Heosemys depressa Heosemys Kachuga smithii, Kachuga smithii, Annamemys annamensis Annamemys Mauremys mutica mutica Mauremys Platysternon megacephalum megacephalum Platysternon Burmese Burmese turtle roofed H. grandis H. Loxodonta africana Loxodonta africana Rhea pennata pennata pennata pennata Rhea Spiny turtle Spiny Poicephalus robustus Poicephalus robustus , Species covered by the proposal proposal the by covered Species Vicugna vicugna vicugna Vicugna Vicugna vicugna vicugna Vicugna vicugna Vicugna Kachuga sylhetensis, H. leytensis Kachuga tentoria, Asian pond turtle pond Asian trivittata, Kachuga trivittata, spp. African elephant African elephant African Vicuna Vicuna Vicuna Rhea Lesser parrot Yellow-naped parrot Yellow-headed macawBlue-headed parrot Cape turtle Big-headed turtle pond Annam turtle forest Arakan turtle temple Yellow-headed roofed turtle Three-striped turtle turtle forest Sulawesi pond turtle Yellow Red-crowned roofed turtle turtle roofed Red-crowned roofed Brown turtle Proponent Proponent Zimbabwe Zimbabwe , Kenya Argentina Bolivia Chile Chile Costa Rica Mexico Germany South Africa of States United China, America Germany, China, Germany China, of States United China, America India, United ofStates America Germany China, of States United China, America 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 No. No.

8 CoP12 Proposals World - Official Newsletter of the Parties Issue 9 forms ) Gymnocalycium mihanovichii Gymnocalycium Proposal Proposal Pelochelys spp. Deletion from II Appendix Inclusion in II Appendix lacking chlorophyll * * chlorophyll lacking Inclusion in II Appendix Inclusion in II Appendix Inclusion in II Appendix Transfer of the population in from I waters Appendix Cuban to II Appendix shell plates of stockpile its exporting of purpose exclusive the for (7,800 annotation with *kg), Inclusion in II Appendix Inclusion in II Appendix Inclusion in II Appendix Inclusion in II Appendix Inclusion in II Appendix Inclusion in II, annotation with Appendix * Inclusion in II Appendix Inclusion in I Appendix (all populations) propagated ofspecimens (cultivars) Inclusion in II Appendix Inclusion in II Appendix ( and P. sosia sosia P. P. cantorii cantorii P. Pelochelys Pelochelys and Cnemidophorus Cnemidophorus Naultinus spp. Orlitia borneensis borneensis Orlitia Dissostichus eleginoides, eleginoides, Dissostichus Araucaria araucana araucana Araucaria and Cheilinus undulatus Siebenrockiella crassicollis crassicollis Siebenrockiella Chitra spp. spp. Chitra D. mawsonii D. Pyxidea mouhotii mouhotii Pyxidea Atrophaneura jophon, Atrophaneura Eretmochelys imbricata imbricata Eretmochelys Cetorhinus maximus Indian narrow-headed softsjhell Indian turtle narrow-headed Rhincodon typus Hippocampus spp. spp. Hippocampus all other Asian giant turtle softshell Species covered by the proposal Species covered by hyperythrus hyperythrus Malaysian giant giant turtle Malaysian turtle box Keeled turtle marsh Black turtle Hawksbill Asian Southeast turtle softshell narrow-headed Chitra chitra, indica, C. turtle softshell giant Guinea New bibroni, spp. Hoplodactylus lizard whiptail Orange-throated Whale shark shark Basking Seahorses wrasse Humphead toothfishPatagonian toothfish Antarctic Lankan Sri rose nireus P. aristophontes, Papilio tree puzzle Monkey A. pandiyana pandiyana A. Proponent Proponent China, Germany Germany China, of States United China, America of States United China, America Cuba of States United China, America of States United China, America ZealandNew of States United America India, the of KingdomUnited and Britain Great IrelandNorthern of States United America of States United America Australia Germany Germany Argentina Switzerland listed All CACTACEAE taxa in II Appendix Amendment ofthe text of the annotation °608 that refers to artificially 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 No. No. F L O R A A R O F L

9 CoP12 Proposals World - Official Newsletter of the Parties Issue 9 , and Dendrobium , in II Appendix Cymbidium Phalaenopsis , , Cattleya Oncidium Proposal Proposal Cistanche deserticola Cistanche types types only), nobile and phalaenopsis ( including their intergeneric hybrids, under certain conditions * * conditions certain under hybrids, intergeneric their including Deletion from II Appendix Deletion from II Appendix I Appendix to II Appendix from Transfer I Appendix to II Appendix from Transfer II Appendix to I Appendix from Transfer II Appendix to I Appendix from Transfer sawn including populations, neotropical of logs, II the Appendix Inclusion in and wood sheets veneer propagated artificially exclude to II, Appendix in of Annotation genera the within hybrids specimens of Deletion of the annotation to Deletion from II Appendix Inclusion in II Appendix of all parts including wood, bark and derivatives, and extract. and www.cites.org Dudleya traskiae spp. Lewisia maguirei maguirei Lewisia Sclerocactus spinosiorSclerocactus ssp. Swietenia macrophylla Guaiacum spp.Guaiacum Species covered by the proposal Species covered by Opuntioideae spp. spp. Opuntioideae Pereskioideae Pereskiopsisspp., spp. nyensis Sclerocactus pincushion Blaine’s Island dudleya Barbara Santa thorncroftii Aloe mahogany Bigleaf ORCHIDACEAEAppendix-II deserticola Cistanche bitter-root Maguire’s Lignum vitae Quiabentia spp. spp. Quiabentia blainei Proponent Proponent Switzerland Switzerland Switzerland of States United America of States United America of States United America South Africa Nicaragua of States United America China of States United America Germany 44 45 46 47 48 49 50 51 52 53 54 No. No. * * ofFor thedetails relevant pleaseannotations, consult our website

10 CoP12 Proposals World - Official Newsletter of the Parties Issue 9

approximately 700 tonnes per annum, of which five The devil’s claw and per cent of exports originate from Botswana, ninety- two per cent from Namibia and three per cent from CITES South Africa. The overall population status of Harpagophytum The devil’s claw (Harpagophytum spp.) is indig- procumbens, the main species in trade, is un- enous to the arid savannah areas of Botswana, known. Nevertheless, the available information sug- Namibia and the Republic of South Africa. It has gests that it would not be classified as threatened significant medicinal properties and a substantial using IUCN criteria for overall population size, ex- trade in dried plant tubers currently takes place tent of occurrence (range), or area of occupancy. from Botswana, Namibia and South Africa. The in- The only threat to devil’s claw would be decline in digenous San and Khoi peoples of southern Africa populations as a result of harvesting. In all three have used devil’s claw tubers for medical purposes range States, harvesting is not being monitored for centuries. Europeans discovered the tuber’s closely enough to determine the actual impact on medicinal properties from local people in 1907, and the populations. However, many stakeholders ar- since 1962 this plant has been exported to Europe gue that decline is unlikely to have had a substan- and used in the production of herbal medicines to tial effect on total population size of the devil’s claw treat mainly arthritis and rheumatism. as populations occur in protected areas and on commercial farms where harvesting does not oc- Commercial harvesting of the devil’s claw has cur. been occurring in Namibia and Botswana since the 1960’s and has recently begun in South Africa. Poor marginalized communities harvest the devil’s claw in very remote areas of the Kalahari Desert. The arid system of the Kalahari provides restricted live- lihood opportunities for rural people. An estimate of 20,000 families depend on the devil’s claw for their main source of income. Earnings from har- vesting are very low with harvesters receiving be- tween USD 0.80 and USD 2.10 per dry kilogram of tubers. This equates to on average of less than one per cent of the income generated by pharma- ceutical industries from sales of Devil’s Claw prod- ucts. A marked increase in export levels of the devil’s claw to Europe over the past five years and a num- ber of reports of populations being severely reduced by unsustainable harvesting practices led Ger- many to submit a proposal to include the genus Harpagophytum spp. in CITES Appendix II, but the proposal did not sufficiently address the social and economic impacts that such a listing would have. The range States of Botswana, Namibia and South Africa opposed the listing, and the Conference of the Parties instead adoption Decisions 11.63 and 11.111. These Decisions called on range and im- porting States to submit all available information concerning the trade, management and biological Harvesting the devil’s claw tubers for the status of Harpagophytum species and regulatory medicinal trade. An estimated 20,000 measures applying to them, and directed the Plants southern African households depend on these Committee to review the information, summarize harvests for their main source of income. the biological and trade status of the species sub- Botswana has existing policies to promote sus- ject to international trade, and prepare a report for tainable use of the devil’s claw and its Government consideration at the 12th meeting of the Confer- is actively managing the trade in collaboration with ence of the Parties. NGOs. The devil’s claw is protected in Namibia Current trade data show that the total trade in but policies for sustainable use have only been the devil’s claw for all southern African countries is enforced in the last few years. Recent increases

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in trade have resulted in revision of policies. The pen with the devil’s claw, it would endanger the vast range of the devil’s claw in Namibia makes it livelihoods of these rural poor. very difficult to manage the resource and enforce The CITES Plants Committee recognizes that policy throughout its range. Unsustainable harvest- the devil’s claw trade raises important issues ing practices are widespread, but NGO activity in repacts that international agreements such as the Omaheke region is promoting sustainable use. CITES can have on the conservation and trade of In South Africa, the devil’s claw is protected by such resources. The Committee believes that moni- provincial legislation. Provincial nature conserva- toring the trade in the devil’s claw could be accom- tion authorities are managing the trade in spite of plished by an Appendix-III listing, but notes that a lack of national legislation or policy. the usefulness of such a listing is not widely ap- The majority of stakeholders in Namibia and preciated among stakeholders involved in the devil’s Botswana oppose a CITES Appendix-II listing based claw trade. Range and importing States are en- on an anticipated drop in demand for devil’s claw couraged to negotiate with the Devil’s Claw indus- products, which would reduce the income of thou- try to obtain support for management programmes sands of poor rural harvesters. The pronounced drop that promote sustainable use and the development in exports in the year 2000, attributed to the amend- of the communities that manage the resource. ment proposal, supports this sentiment. Range States should also explore how other inter- national treaties can be used to provide support for The case of the devil’s claw is unusual for CITES sustainable resource use and fair trade. as the species in trade (Harpagophytum procumbens) has a life history that makes it pre- disposed to sustainable harvesting from the wild Domitilla Raimondo, National Botanical Institute (the fast growing secondary tubers are harvested and these are not required for plant recovery). It provides a form of land use in the arid Kalahari that is non-destructive, and is the only means of sur- vival for thousands of rural poor. Often the listing of plants on the CITES Appendices drives the trade to reliance on cultivated material. Should this hap- What Parties can do to Photo: National Botanival Institute reduce illegal plant trade

The Secretariat is concerned over recent cases involving permits and certificates used fraudulently to engage in illegal trade in plants. These indicate that much closer attention requires to be paid to the issuance and use of permits and, in particular, phytosanitary certificates. Several major plant trading Parties make use of phytosanitary certificates as certificates of arti- ficial propagation in accordance with Article VII, paragraph 5, of the Convention. Such use has been agreed by the Conference of the Parties and the provisions relating to the use of phytosanitary cer- tificates are to be found in section VI of Resolution Conf. 10.2 (Rev.) (Permits and certificates). Other Parties use CITES export permits and re-export certificates. Whether Parties use phytosanitary certificates or CITES permits or certificates, it is not uncom- mon for documents to be provided to traders in advance and for them to be entitled to complete The sustainability of the devil’s claw has socio-economic the majority of the document, especially the de- implications. An Appendix III-listing may help with tails relating to the number of specimens and spe- monitoring. cies, before having the document endorsed and

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validated by Customs or other inspection services immediately or shortly before export or re-export. It is important for authorities to ensure that such CITES implementation documents are completed correctly and accurately. The Secretariat offers the following recommen- for plants by Thailand dations regarding illicit trade in plants: Thailand is, by tradition, a country with a large • authorities responsible for the issuance of volume trade in orchids, both plants and cut flow- phytosanitary certificates should be alerted to the ers. It has a good legislation to regulate the plant potential for abuse of the system; trade under which it is rarely permitted to export • spot checks on applications for phytosanitary wild-collected plants. To ensure that the legisla- certificates should be increased to detect and tion is adequately implemented, the Management deter abuse, and documents should be checked Authority for Plants regularly provides training to for accuracy; its border inspectors. It has also published an il- lustrated guide on the identification of wild-collected • controls at time of export should be in- and artificially propagated specimens of creased to detect and deter smuggling; Paphiopedilum spp. (Appendix I), and two illustrated • where domestic legislation allows, there booklets on the identification of other Thai orchid should be increased inspections of traders’ nurs- species. eries; The success of these efforts to improve the • issuing authorities should be aware of the implementation of CITES can be demonstrated by risk of nurseries making fraudulent applications several recent cases, which clearly demonstrate on behalf of persons engaged in illegal collection the effectiveness of regular training of border in- of plants from the wild; spectors. • organizers of exhibitions should be encour- • Two small shipments of plants intended for aged to include in their literature to exhibitors and export were seized on 21 March and 31 March visitors information relating to CITES, and spot 2002, as these lacked proper documents. The ship- checks should be conducted at exhibitions to de- ments contained 22 wild-collected orchids mixed tect fraudulent documents and the presence of with artificially propagated euphorbias, wild-col- illegally-obtained specimens; lected Asian pitcher plants Nepenthes spp. (Ap- pendix II), and tree ferns Cyathea spp. • bearing in mind that Appendix-I orchid spe- (Appendix II) cies, such as Paphiopedilum spp., but also many Appendix-II species require 5-10 years in artificial • On 7 April 2002, inspectors at Bangkok In- propagation to reach a flowering stage suitable for ternational Airport seized a large orchid shipment. retail sale, the offering for sale of species that have Thailand of Authority Management CITES Photo: only recently been discov- ered in the wild (which are of special interest to collec- tors) may indicate that the specimens are actually wild-collected and being traded illicitly; and • authorities who detect illicit trade involving foreign nationals should immedi- ately provide details to the CITES Management Au- thority of their country of residence and to the CITES Secretariat.

The Secretariat

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World - Official Newsletter of the Parties Issue 9 Photo: CITES Management Authority of Thailand of Authority Management CITES Photo:

The shipment consisted of 320 orchid specimens (involving Dendrobium tenellum, Phalaenopsis Inspectors at Bangkok schilleriana and flavus) for which a valid International Airport export permit was issued by the Philippines. How- checking the shipment ever, the shipment also contained 112 wild-collected seized on 6 June 2002 specimens of Paphiopedilum philippinense and 30 specimens of P. adductum (both Appendix I), 48 specimens of Epigeneium treacherianum (Appen- dix II) and two plants of Grammatophyllum scrip- tum (Appendix II). This method of smuggling plants by mixing legal plants with illegal ones is frequently encountered. The whole shipment was confiscated. • On 24 April 2002, someone tried to import, Plants in legislation without permit, 16 wild-collected orchids from (involving Aerides multiflora, retusa, Dendrobium delacaurii, CITES-implementing legislation must apply to Dendrobium chrysotoxum, Vanda dennisoniana and all animal and plant species listed in all three CITES Vanda brunnea). All the plants were confiscated. appendices. Legislation in many Parties make a distinction between ‘wildlife’ and ‘wild plants’ and • On 6 June 2002, inspectors seized a ship- under national law each of these may have its own ment of plants at the Bangkok airport cargo termi- specific provisions, procedures and authorities. nal that was intended for export to Bangladesh, as it was without the required permits. On inspection For plants, there may be several laws appli- the shipment was found to contain 446 artificially cable to particular aspects of international trade in propagated orchids amongst which were hidden 6 live plants and the parts and derivatives thereof. wild-collected Paphiopedilum spp. orchids There may be domestic controls on indigenous (Appendix I), of two species, and ten Asian pitcher protected species, plants in protected areas, spe- plants Nepenthes mirabilis (Appendix II). The whole cially protected plants, rare plants, botanical col- shipment was confiscated. lecting, forestry laws, laws establishing controls for phytosanitary purposes and rules controlling the introduction of alien species. Wichar Thitiprasert, CITES Management Authority of Thailand for Plants

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There may also be a distinction between tim- its lineage, contrary to animals, it is not listed in ber and non-timber species. The Parties make this the more restrictive appendix of either parent: they distinction in Resolution Conf. 10.13, Implementa- are all regarded as is being included in Appendix tion of the Convention for timber species and Reso- II. Grafted plants can also be considered artificially lution Conf. 11.1, Regulation of trade in plants. propagated according to criteria foreseen in Reso- Many Parties have designated Management Au- lution Conf. 11.11. thorities exclusively devoted to flora species, and Some Parties consider that their practices gov- the major timber producers such as Brazil, Malay- erning the issue of phytosanitary certificates for sia and Venezuela have designated separated man- export of Appendix II specimens provide adequate agement authorities for timber species. assurance that the specimens are artificially propa- Few Parties have incorporated all the CITES- gated (as defined in Resolution Conf. 11.11). For listed species into a single and harmonized piece instance, uses phytosanitary documents of legislation, as has been done by Argentina, and as certificates of artificial propagation in accordance the member States of the European Union. The with Article VII, paragraph 5, of the Convention. It most common approach to regulate international is important to note that any Party using its trade in CITES-listed plants is to rely on forestry phytosanitary certificates for this purpose should laws and general wild plant legislation. Trade in inform the Secretariat and provide copies of the timber species is regulated under forestry laws certificates, stamps and seals that are used. whilst trade in non-timber species (such as orchids, cacti, and medicinal plants) is mainly regulated by Why does law matter? other plant legislation. The lack of adequate national legislation for the The use of existing legislation to apply CITES implementation of the Convention is one of the provisions can give rise to a variety of problems. most serious problems that a majority of Parties Existing sector-based legislation is rarely suited face today. A key step in establishing an effective to the specific requirements of the Convention re- and harmonized regulatory framework is to ensure garding the trade in artificially propagated plants, that adequate legislation is in place. and usually does not contain those provisions of There is a common belief that through discre- the Convention which States are required or rec- tionary actions, existing legislation can be adapted ommended to introduce into their domestic legis- to CITES requirements without having a solid legal lation. Most forestry and wild plant laws are lim- basis. While this might produce simple, cheap and ited in scope and only cover certain categories of flexible administrative results, such actions may species, products or operations. also be unpredictable, arbitrary and inconsistent Some parts and derivatives of CITES-listed plant with the legality of government action. Moreover, if species are exempt from CITES requirements. For the actions lack legitimacy and popular accep- instance, a number of artificially propagated hy- tance, they may not be as effective as expected, brids of some ‘supermarket’’ cacti have been and such actions are more likely to be annulled by granted this general exemption. Certain specimens the courts than those with a sound basis in the (e.g. seeds, flasked seedlings) are exempted but law. plants grown from these are subject to the provi- Another common perception is that the prob- sions of CITES. lem is not with the legislation but with its imple- One of the most challenging CITES issues to mentation. Some think that the contrast between regulate in legislation is the special provisions for what forestry and wild plant laws prescribe and what artificially propagated plants provided in Article VII, actually happens on the ground is so obvious that paragraphs 4 and 5, and Resolution Conf. 11.11. careful attention to the details of drafting legisla- Since some plant materials can be traded without tive texts is academic and somewhat beside the any CITES documents, Parties need to ensure that point. This perception reflects only a narrow view national legislation regulates in a proper way these about the law. A solid legal basis is essential for special provisions. However, few Parties have an effective enforcement of the Convention. It is adopted provisions as Australia has done, incor- the law that determines which policy governs the porating a comprehensive regulation of trade in ar- use and trade in wild flora and timber specimens, tificially propagated CITES-listed species. and what behaviour is legal or illegal. It is important to take into account in the legis- The Secretariat lation that plant hybrids are subject to CITES con- trols if one or both parents are in the appendices. If the hybrid includes two or more CITES species in

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Recent publications on plants and CITES

The Management Authority of Switzerland has pub- lished a useful guide to the cacti of CITES Appen- dix I. This guide has beautiful drawings of the spe- cies concerned, and is designed to allow various ways of searching for information, such as by spe- cies name, by country of origin or by growth forms. The guide is also provided on CD-ROM. This guide will soon be distributed to the Parties and is cur- rently available only in English. The guide will be translated into French and Spanish.

Parties have received three additional volumes of the checklist on plants, namely Aloe and Pachypodium, Carnivorous Plants, and Orchids (Vol- ume 3). These checklists are partly funded by the Secretariat, and are published by the Royal Botanic Gardens, Kew. Together with earlier published checklists (Cactaceae, 2nd edition, and Orchids Volumes 1 & 2), these are a easy to use reference. Because there are so many plant names with which only few people are familiar, these checklists allow CITES authorities to determine whether a species name is the correct one, and to verify the distribution of species in the wild. These checklists can help authorities to spot errors on documents and detect attempted fraudulent trade by using old, in- valid names.

CITES Secretariat International Environment House Chemin des Anémones CH-1219 Châtelaine Geneva, Switzerland Telephone: +41 (22) 917 81 39/40 Fax number: +41 (22) 797 34 17 Email: [email protected] Web site: htpp://www.cites.org

If you would like to submit an article, or make suggestions or comments, please contact the Capacity-Building Unit.

Although every attempt is made to ensure the accuracy of the articles, the opinions expressed are those of the individual authors. The designations of geographic entities do not imply the expression of an opinion from the CITES Secretariat concerning the legal status of any country, territory, or area, or of its frontiers and borders.

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