orchid conservation and trade: are these

Transcription

PROCEEDINGS OF THE SECOND SCIENTIFIC CONFERENCE ON ANDEAN ORCHIDS
Clemente M (2009) Orchid conservation and trade: are these concepts incompatible?.
In: Pridgeon A M, Suarez JP (eds) Proceedings of the Second Scientific Conference on Andean Orchids.
Universidad Técnica Particular de Loja, Loja, Ecuador, pp 46 -55.
ORCHID CONSERVATION AND TRADE:
ARE THESE CONCEPTS INCOMPATIBLE?
Margarita Africa Clemente Muñoz
Department of Agricultural and Forestry Science and Resources, University of Cordoba Rabanales Campus,
Celestino Mutis Building – 2nd floor, Cordoba, Spain
ABSTRACT
Orchids are among the plant groups that have aroused most widespread interest among scientists and horticulturists, both for their study and use. They have been subject to particularly high commercial demand over the past 40 years for the beauty of their structure and their vividly colored flowers, steeped in symbolism and mystery. Some countries have declared orchid species as their national
flowers. They are valued in perfumery and play a prominent role in books and films. Specimens from
the wild were under such pressure that fear over their conservation status in 1975 led to listing the
entire family in the Appendices of the newly adopted Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In 2008, Appendix I – the highest level of protection
– covers Aerangis ellisii, Dendrobium cruentum, Laelia jongheana, Laelia lobata, Paphiopedilum spp.,
Peristeria elata, Phragmipedium spp. (Fig. 1), and Renanthera imschootiana. The rest of the family is in
Appendix II, allowing trade in wild specimens as long as their harvest is not detrimental to the survival
of the species. Over 25 million orchids are traded annually in the world, 95% of which are artificially
propagated Appendix II species or hybrids. Exemptions from CITES controls facilitate trade in these
man-made specimens in some cases. Exemptions also apply to certain parts and products (seeds, pollinia, in vitro cultures, cut flowers of artificially propagated plants, fruits, parts and derivatives of artificially propagated Vanilla plants) that can be traded without harming Appendix II-listed species. The
dilemma of how best to conserve the most threatened species while permitting trade in those that are
no cause for concern must be solved. The challenge is to find a suitable solution through cooperation
among exporting and importing countries and all players involved.
ORCHIDS: OBJECTS OF DESIRE
It could be said that, among all plant groups, orchids awaken a strong desire and have an irresistible attraction for growers, collectors, and researchers. They were the protagonists of virility myths
in ancient Greece, used to pay taxes in Mexican pre-Hispanic cultures, and praised for their exquisite
perfume by the Chinese philosopher Confucius (551-479 B.C.). In countries such as Colombia, Brazil, Venezuela, Costa Rica, Panama, Honduras, Indonesia, Guatemala, Belize, and Singapore, orchids
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This digital version has been licensed under the 3.0 Ecuador Creative Commons: Attribution - Noncommercial - No Derivative Works. | http://www.creativecommons.org/licences/by-nc-nd/3.0/ec/
ORCHID CONSERVATION AND TRADE: ARE THESE CONCEPTS INCOMPATIBLE?
Figure 1. Phragmipedium fischeri Braem & H.Mohr in situ. Photographer: Ecuagenera Cia. Ltda.
are national flowers. They are considered a symbol of perfection in Asia. Orchids have recently played
a prominent role in films and best-sellers.
The high number of taxa, beautiful flowers, complicated structure, sophisticated pollination
processes, delicate scents and difficult propagation of orchids have led to high domestic and international demand for the last 40 years. Wild specimens came under such pressure that fear over their
conservation status in 1975 led to listing the entire family in the Appendices of the newly adopted
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
WHAT IS CITES AND HOW DOES IT WORK?
CITES was drafted as a result of a resolution adopted in 1963 at a meeting of members of the
IUCN (World Conservation Union). The text of the Convention was agreed at a meeting of representatives of 80 countries in Washington, D.C., on 3 March 1973. CITES entered enforcement on 1
July 1975.
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CITES is an international agreement between governments to which States (countries) adhere
voluntarily. States that have agreed to be bound by the Convention are called Parties. In June 2008,
CITES membership includes 173 Parties. Its aim is to ensure that international trade in specimens of
wild animals and plants does not threaten their survival.
Although CITES is legally binding on Parties, it does not replace national laws. It provides
a framework to be respected by each Party, which has to adopt its own domestic legislation to ensure
that CITES is implemented at the national level.
CITES works by subjecting international trade in specimens of selected species to certain
controls. All import, export, re-export, and introduction from the sea of species covered by the Convention must be authorized through a licensing system. Each Party must designate one or more Management Authorities (MA) in charge of administering the licensing system and one or more Scientific
Authorities (SA) to advise the MA on the effects of trade on the status of the species.
Species covered by CITES are listed in three Appendices, according to the degree of protection they need. Appendix I includes species threatened with extinction. Trade in specimens of these
species is permitted only in exceptional circumstances. Appendix II includes species not necessarily
threatened with extinction, but for which trade must be controlled in order to avoid utilization incompatible with their survival. An export permit may be issued only if the specimen was legally obtained
and the export is not detrimental to the survival of the species.
The Conference of the Parties (CoP) is the decision-making body of the Convention and
comprises all its member States. It has agreed on biological and trade criteria (Resolution Conf. 9.24,
Rev. CoP14) to determine whether species should be included in Appendices I or II. At each regular
meeting of the CoP, Parties submit proposals based on these criteria to amend these Appendices.
Amendment proposals are discussed and submitted to a vote.
Appendix III contains species that are protected in at least one country, which has asked other
Parties for assistance in controlling trade. Changes to Appendix III follow a different procedure from
changes to Appendices I and II, as each Party can make amendments unilaterally.
Species listed in the CITES Appendices can change after each meeting of the CoP and between Conferences in the case of Appendix III species. It is recommended to follow changes in the
Appendices by consulting the CITES website at www.cites.org.
A specimen of a CITES-listed species may be imported into or exported (or re-exported) from
a Party only if an appropriate document has been obtained and submitted for clearance at the port of
entry or exit. Requirements may vary between countries, and it is always necessary to check national
laws, which may be stricter. For example, the European Union CITES Regulation establishes stricter
measures than CITES itself. Such measures are compulsory for EU Member States. Anyone planning
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to import or export/re-export specimens of a CITES species should contact the CITES Management
Authorities of the countries of import and export/re-export for information on the rules that apply.
The basic conditions applying to Appendices I and II are described in Table 1.
CITES is an instrument for the conservation of biodiversity; it is also a powerful and effective
trade tool promoting sustainable use of thousands of animal and plant species. Its Vision Statement is
to “Conserve biodiversity and contribute to its sustainable use by ensuring that no species of wild fauna or
flora becomes or remains subject to unsustainable exploitation through international trade, thereby contributing to the significant reduction of the rate of biodiversity loss.”
Table 1. Basic conditions that apply to the import, export or re-export of species in Appendices I and II
(http://www.cites.org)
Appendix I
specimens
1. An import permit issued by the MA of the State of import is required. This may be issued only if the
specimen will not be used for primarily commercial purposes and if the import is for purposes that are not
detrimental to the survival of the species. In the case of a live animal or plant, the SA must be satisfied that
the proposed recipient is suitably equipped to house and care for it.
2. An export permit or re-export certificate issued by the MA of the State of export or re-export is also required.
An export permit may be issued only if the specimen was legally obtained; the trade will not be detrimental to
the survival of the species; and an import permit has already been issued.
A re-export certificate may be issued only if the specimen was imported in accordance with the provisions of
the Convention and, in the case of a live animal or plant, if an import permit has been issued.
3. In the case of a live animal or plant, it must be prepared and shipped to minimize any risk of injury, damage
to health or cruel treatment.
Appendix II
specimens
1. An export permit or re-export certificate issued by the MA of the State of export or re-export is required.
An export permit may be issued only if the specimen was legally obtained and if the export is not detrimental to
the survival of the species.
A re-export certificate may be issued only if the specimen was imported in accordance with the Convention.
2. In the case of a live animal or plant, it must be prepared and shipped to minimize any risk of injury, damage
to health or cruel treatment.
3. No import permit is needed unless required by national law.
CITES regulates – and sometimes prohibits – the commercial use of around 30,000 taxa of
wild fauna and flora to ensure their survival and future availability. The number of animals and plant
species for which trade is absolutely prohibited is small – less than one thousand species are in Appendix I. For most species, listed in Appendix II, trade from the wild is allowed, as long as a non-detriment
finding has been made to ensure that the species is being harvested at a sustainable level.
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Table 2. Table 2. Orchids listed in Appendices I and II; “spp.” refers to all species of a higher taxon.
Appendix I
Appendix II
(For all of the following Appendix I species, seedling or tissue cultures
obtained in vitro, in solid or liquid media, transported in sterile containers
are not subject to the provisions of the Convention)
Aerangis ellisii (Rchb.f.) Schltr.
Dendrobium cruentum Rchb.f.
Laelia jongheana Rchb.f.
Laelia lobata (Lindl.) H.J.Veitch
Paphiopedilum spp.
ORCHIDACEAE spp.7 #1
(Except species listed in Appendix I)
Peristeria elata Hook.
Phragmipedium spp.
Renanthera imschootiana Rolfe
In Article VII, CITES allows or requires Parties to make certain exceptions to the general
principles, notably in the following cases: specimens in transit or transhipment; specimens that were
acquired before CITES provisions applied to them (pre-Convention specimens); personal or household effects; ‘captive-bred’ animals; ‘artificially propagated’ plants; specimens for scientific research;
animals or plants that in travelling collections or exhibitions. Comprehensive information on CITES
procedures is available on the CITES website listed above.
According to the policy agreed to by the CoP, the CITES Animals and Plants Committees
provide scientific advice and guidance to the CoP, the other committees, working groups, and the
Secretariat on all matters relevant to international trade in animal and plant species in the Appendices,
which may include proposals to amend the Appendices. Both Committees have the same structure;
their membership consists of: 1) one representative for each of the geographic regions North America
and Oceania; 2) two representatives for the regions Africa, Asia, Central and South America and the
Caribbean, and Europe; and 3) a specialist on zoological nomenclature (Animals Committee) and a
specialist on botanical nomenclature (Plants Committee) appointed by the CoP. The nomenclature
specialists are ex-officio, non-voting members.
ALL ORCHIDS ARE LISTED IN CITES
More than 25,000 plant species are subject to CITES controls including the whole orchid family. CITES controls apply to plants, alive or dead, and any readily recognizable parts such as seeds, cut-
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tings, leaves, and derivatives such as products made from plants. However, it is not the Convention’s
intention to block trade in millions of in vitro cultures traded globally; it would be impossible to
determine whether such cultures come from CITES-listed plants. Therefore, Appendix I orchids are
annotated to exclude seedlings and tissue cultures transported in sterile containers from controls.
Other exemptions for orchids are listed below:
No species or higher taxa of Appendix I plants are annotated to the effect that their hybrids
must be treated in accordance with the provisions of Article III of CITES. This means that artificially
propagated hybrids produced from one or more of these species or taxa may be traded with a certificate
of artificial propagation; for these hybrids, seeds and pollen (including pollinia), cut flowers, seedling
or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers are not
subject to the CITES provisions.
When a species is listed in an Appendix, all parts and derivatives of the species are also listed
in the same Appendix unless the species is annotated to indicate that only specific parts and derivatives
are included. The symbol # followed by a number placed against the name of a species or higher taxon
in Appendix II or III refers to an annotation showing the parts or derivatives of plants designated as
‘specimens’ and subject to CITES controls.
For orchids, annotation #1 means that all parts and derivatives are subject to control, except:
a) seeds, spores, and pollen (including pollinia); b) seedling or tissue cultures obtained in vitro, in solid
or liquid media, transported in sterile containers; c) cut flowers of artificially propagated plants; and d)
fruits and parts and derivatives of artificially propagated plants of the genus Vanilla.
Annotation #7 means that artificially propagated hybrids of Cymbidium, Dendrobium, Phalaenopsis, and Vanda are not subject to the provisions of the Convention, provided that: a) specimens
are readily recognizable as artificially propagated and do not show any signs of having been collected in
the wild such as mechanical damage or strong dehydration resulting from collection, irregular growth
and heterogeneous size and shape within a taxon and shipment, algae or other epiphyllous organisms
adhering to leaves or damage by insects or other pests; and b) i) when shipped in non-flowering state,
the specimens must be traded in shipments consisting of individual containers [cartons, boxes, crates
or individual shelves of CC-containers (European standard flower and pot-plant trolley)] each containing 20 or more plants of the same hybrid; the plants within each container must exhibit a high
degree of uniformity and healthiness; and the shipment must be accompanied by documentation,
such as an invoice, which clearly states the number of plants of each hybrid; or ii) when shipped in
flowering state, with at least one fully open flower per specimen, no minimum number of specimens
per shipment is required, but specimens must be professionally processed for commercial retail sale,
e.g. labeled with printed labels or packaged with printed packages indicating the name of the hybrid
and the country of final processing. This should be clearly visible and allow easy verification. Plants not
clearly qualifying for this exemption must be accompanied by appropriate CITES documents.
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Table 2 shows orchids listed in Appendices I and II and exemptions in force in July 2008. No
orchids are listed in Appendix III. With these exemptions, CITES tries to facilitate trade in man-made
specimens and promote artificial propagation as a means to reduce pressure on the harvest of wild
specimens that could be endangered by overharvesting.
Someone may wonder why most hybrids are subject to CITES controls if they do not occur
naturally in the wild and the conservation implications of their trade are minimal. The reason is to
ensure effective controls for species endangered by trade in wild-taken plants and combat illegal trade,
look-alike plants must also be controlled. Enforcement authorities do not have the tools to distinguish
these hybrids when traded. Nevertheless, CoP14 has adopted the following decision (Dec. 14.133)
directed to Parties and the Plants Committee (PC): Countries of export and import should make recommendations and prepare identification materials on further exemptions for artificially propagated hybrids of
Orchidaceae spp. included in Appendix II, taking into consideration the capacities of countries to implement
and control such exemptions effectively. The results shall be sent to the Plants Committee, which shall evaluate them and adopt the appropriate measures.
The PC dealt with compliance with this decision in its last meeting in April 2008; an Intersessional Working Group co-chaired by Thailand and The Netherlands was established to prepare possible answers and solutions and report back to the next CoP.
OTHER MEASURES TAKEN BY CITES FOR THE CONSERVATION
AND SUSTAINABLE USE OF ORCHIDS
The conservation of orchid species requires greater research to gain better knowledge about
them. CITES is aware of the need to facilitate the exchange of research material such as herbarium
specimens or other samples. Resolution 11.15 (Rev CoP12) lays down a simple system for the exchange of CITES-listed live and preserved plants between scientific institutions registered by their
national CITES Authorities. The decision to register institutions is taken by the national MA based on
the advice of its SA. Once the institution has been registered, the MA informs the CITES Secretariat,
who circulates the information to the CITES Parties. The registered institution may then exchange
CITES-listed materials with other registered institutions, using a simple label system bearing a unique
registration number. In CoP14 (June 2007), a Swiss proposal including an exemption for herbarium
specimens without commercial purposes was withdrawn. Nevertheless, the Conference adopted a Decision asking the PC to continue to seek solutions in the CITES framework. In its 17th meeting in
April 2008, the PC established an intersessional Working Group co-chaired by Mexico and The Netherlands to explore further options.
Criteria for registration include: collections permanently housed and professionally curated
and catalogued; accessions fully catalogued; permanent records maintained for loans and transfers; and
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acquisition and possession of specimens in accordance with the laws of the State where the scientific
institution is located.
CITES promotes artificial propagation; Article VII, paragraph 4, of the Convention provides that specimens of Appendix I species artificially propagated for commercial purposes are treated
like Appendix II specimens. Resolution Conf. 11.11 (Rev. CoP14) explains CITES conditions and
definitions for artificially propagated specimens. Some key elements are: 1) the plants must be grown
in controlled conditions; 2) the cultivated parent stock must have been established in a manner not
detrimental to the survival of the species in the wild and managed to ensure long-term maintenance
of the cultivated stock; 3) the cultivated parental stock must have been established in accordance with
the provisions of CITES and relevant national laws.
During CoP9 in 1994 the Parties adopted a Resolution including guidelines for the registration of nurseries exporting artificially propagated specimens of Appendix I species [Conf. 9.19 (Rev.
CoP13)]. The resolution acknowledges that artificial propagation of plants is essentially different from
captive breeding of animals, in particular with regard to the number of specimens produced, as well
as, in most cases, with regard to the time span between generations, and therefore requires a different
approach.
In addition, this Resolution points out that artificial propagation of specimens of Appendix
I-listed species could be an economic alternative to traditional agriculture in countries of origin, and
could also increase conservation interest in areas of natural distribution. Finally, it also recognizes that,
by making specimens readily available to anybody interested and reducing harvesting pressure, the
artificial propagation of specimens of Appendix I-listed species has a positive effect on the conservation
status of wild populations.
Nursery registration is voluntary, and nurseries that are not registered may still continue exporting artificially propagated specimens of Appendix I species using the standard procedures for
obtaining export permits. However, the register offers an excellent opportunity for exporting nurseries
producing specimens of orchid species listed in Appendix I. The MA of any Party, in consultation with
the SA, may submit a nursery for inclusion in the CITES Secretariat’s Appendix I register. The owner
of the nursery must first submit comprehensive information about the operation to the national MA,
including: a description of facilities, propagation history and plans, numbers and type of Appendix I
parental stock held and evidence of legal acquisition. The MA and the SA must review this data and
assess whether the operation is suitable for registration after inspecting the nursery in detail.
When the national authorities are satisfied that the nursery is suitable for registration, the MA
sends its opinion and details of the nursery to the CITES Secretariat. The MA must also outline details
of the inspection procedures used to confirm identity and legal acquisition of the parental stock of the
plants to be included in the registration scheme and any other Appendix I material held. The national
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CITES authorities must also ensure that no wild parental stock is depleted and the overall operation
is closely monitored.
The CITES MA should also put in place a fast-track permit system and inform the Secretariat
of its details. When the CITES Secretariat is satisfied with the details supplied, it must include the
nursery in its register. If the Secretariat is not satisfied, it must make its concerns known to the MA
and explain what needs to be clarified. Any MA or other source may inform the Secretariat of breaches
of the requirements for registration. If these concerns are upheld, the nursery may be deleted from the
register following consultation with the national MA.
A total of 106 nurseries from Chile, Colombia, Czech Republic, Germany, India, Italy, Myanmar, Spain, and Switzerland have been included in the CITES Secretariat’s Appendix I register (http://
www.cites.org, June 2008). Only five registered nurseries from Colombia, Germany, Italy, and Myanmar are producing artificially propagated specimens of Appendix I-listed orchid species.
CITES has not laid down any criteria for the registration of nurseries that propagate Appendix II plants. However, any national CITES authority is free to set up an Appendix II registration
scheme with, for example, a fast-track permit system. This would benefit local authorities and traders,
although the registration would have no recognition abroad.
Finally, for wild specimens, trade is allowed in Appendix II species subject to permits being
issued. However, before granting an export permit for Appendix II plants, a CITES MA must comply
with Article IV of the Convention. That is, an export permit may be granted only when a SA of the
state of export has advised that such export will not be detrimental to the survival of that species. This
is called a ‘non-detriment finding’ in CITES, and in fact represents a guarantee of sustainability.
A FEW THOUGHTS ON ORCHIDS AND CITES
The dilemma of how best to conserve the most threatened species of orchids while permitting trade in those that are no cause for concern must be solved. Orchid conservation and trade are
compatible concepts. CITES provides a set of tools and procedures to reach this goal. The challenge
is to find a suitable solution in cooperation among exporting and importing countries and all players
involved.
Implementing CITES is a complex mixture of legal, technical, and scientific issues. It requires
close cooperation among CITES Management and Scientific Authorities. On an international level,
it is recommended to be in regular contact with the CITES Secretariat and cooperate with the Plants
Committee directly or through the regional representative on issues related to plants in general and/or
orchids in particular.
The daily implementation of CITES procedures needs to be tailored to the situation in individual Parties to CITES. National CITES Authorities should consider producing and disseminating
information to researchers, orchid hobbyists, nurserymen, local plant traders, and the general public.
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Artificial propagation could be a good option in range States. Moreover, artificial propagation
of specimens of orchid species listed in Appendix I could be an economic alternative to traditional
agriculture in countries of origin and may also increase conservation interest in natural areas of distribution.
Cooperation between CITES and the scientific community of orchid researchers should increase. Thus, links between researchers and the MA and SA in each Party should be strengthened in
order to build a mutual understanding about the researchers’ need to exchange samples and the duties
of national authorities in the CITES framework. Difficulties in accessing specimens may be related to
the Convention on Biological Diversity (CBD) and its provisions on Access to Genetic Resources and
Benefit Sharing rather than CITES, if the rules that the CBD Parties adopt in the future International
Regime do not balance Access and Benefit Sharing well.
Literature cited
Part of the information and all documents mentioned in this paper can be found on the CITES website (http://www.cites.org/).
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orchid conservation and trade: are these

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