Re: Introduction; NC laws on VFT's & rarities

Oliver T Massey CFS (massey@hal.fmhi.usf.edu)
Fri, 8 Mar 1996 10:11:11 -0500 (EST)

> (edited for space)
> 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.......
> 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"......
> 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.".......
> 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....
> 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.
>
> Yr friendly bureaucrat, Marj:
> marj_boyer@ncdamail.agr.state.nc.us
>
>

Welcome aboard and my apologies for hacking your message down to a
convenient size. I appreciate your presentation of the facts about
these plants in NC. I can't resist a few comments; such as my continued
irratation that governments continually make laws and then exempt groups
based on political clout rather than potential for harm, as noted in my
marks on your statement above. In short, cable operators, farmers,
phone linemen, ditch diggers, home developers, loggers etc. etc., can
do whatever to VFTs at any time for any reason as long as they don't try
to mitigate the damage by rescuing the plants - Not that this is your
fault Marj. As far as the original issue with the smuggler goes,
according to the law, apparently this individual may have had plants
legally collected from the wild - if he had the land owner's written
permission. If so his crime, besides perhaps stupidity, was smuggling -
which is a crime regardless of the nature of the contraband.

As far as the two Sarrs. you mention, S oreophila to my recollection
does not exist naturally (except perhaps (pre)historically) in NC. I
find the inclusion of this plant unusual.

Tom in Fl