CITES and the implications for the hobby

[Eatfrenchfries]

@obrien.david.j they are rhizotrochus. A very large polyp NPS coral that is now illegal to bring into the US. There are only a few in circulation and I managed to snag a couple colored variants to add to my collection when someone retired from the hobby. Cost me more than I'd like to admit. They do not produce more heads but instead trigger a spawning event where some more may appear. I haven't lucked out yet.

 

I started collecting dendrophyllia and tubastrea before moving on to hidden cups.

[goldenbasketreef]

52 minutes ago, Eatfrenchfries said:

@obrien.david.j they are rhizotrochus. A very large polyp NPS coral that is now illegal to bring into the US. There are only a few in circulation and I managed to snag a couple colored variants to add to my collection when someone retired from the hobby. Cost me more than I'd like to admit. They do not produce more heads but instead trigger a spawning event where some more may appear. I haven't lucked out yet.

 

I started collecting dendrophyllia and tubastrea before moving on to hidden cups.

Not only illegal to import it is also illegal to own because it is under appedix I CITES unless it has been declasified for commercial trade

[obrien.david.j]

Quick google search turned up two old ReefBuilders articles.  Interesting.  Not an animal I've known about.

https://reefbuilders.com/2012/09/10/rhizotrochus-typus-reproduction/

https://reefbuilders.com/2009/09/01/all-rhizotrochus-typus-are-illegally-collected-and-imported/

 

 

[Eatfrenchfries]

@goldenbasketreef you are correct. They are listed on CITES II. That grey area of regulations with importers, exporters, and retailers needs to be expanded upon and a little more widespread knowledge throughout the hobby in my opinion. It's passed by so many hands by the time it gets to the hobbyist. 

@obrien.david.j there's a lot of  NPS corals not known in the US since they are deepwater from China, Indonesia, Java and CITES is strict with it. Some of the best NPS tanks I've seen are from China and Japan. 

[goldenbasketreef]

App II CITES are corals that allow in the trade, however USFWS has their opinion on certain animals not accepting for the commercial trade or captive holding in the USA.

One example is Asian Arowana that has been widely farmed, each with a microchip for tracking, is still not allowed to be imported and held captive for any purpose.

Rhizo spp is another one that has not been accepted by USFWS for the reason lack of information on distribution and number of population in the collecting area.

Unfortunately some of these animals have been imported by irresponsible businesses with falsifying import documents and import declarations, we just want to be aware about this situation and not support such commercial trade.

About 15 years ago there was a case here in the Portland Metro area where USFWS came to an individual's house and confiscated 5 gold asian arowana and that individual was indicted and convicted.

It is unfortunate that in this highly regulated coral trade some sellers purposely mislead buyers when dealing with illegal animals.

 

Edited February 7, 2023 by goldenbasketreef

[LadAShark]

On 2/6/2023 at 7:47 PM, goldenbasketreef said:

App II CITES are corals that allow in the trade, however USFWS has their opinion on certain animals not accepting for the commercial trade or captive holding in the USA.

One example is Asian Arowana that has been widely farmed, each with a microchip for tracking, is still not allowed to be imported and held captive for any purpose.

Rhizo spp is another one that has not been accepted by USFWS for the reason lack of information on distribution and number of population in the collecting area.

Unfortunately some of these animals have been imported by irresponsible businesses with falsifying import documents and import declarations, we just want to be aware about this situation and not support such commercial trade.

About 15 years ago there was a case here in the Portland Metro area where USFWS came to an individual's house and confiscated 5 gold asian arowana and that individual was indicted and convicted.

It is unfortunate that in this highly regulated coral trade some sellers purposely mislead buyers when dealing with illegal animals.

 

https://cites.org/eng/taxonomy/term/6944

If this is up to date I think it should be CITES 2? 

[Lexinverts]

I moved these posts here at the request of Rudy, since he thought the discussion was interesting and didn't want it to derail the phytoplankton classified advertisement it was in. I thought that was a good suggestion.

[Lexinverts]

On 2/6/2023 at 7:47 PM, goldenbasketreef said:

App II CITES are corals that allow in the trade, however USFWS has their opinion on certain animals not accepting for the commercial trade or captive holding in the USA.

One example is Asian Arowana that has been widely farmed, each with a microchip for tracking, is still not allowed to be imported and held captive for any purpose.

Rhizo spp is another one that has not been accepted by USFWS for the reason lack of information on distribution and number of population in the collecting area.

Unfortunately some of these animals have been imported by irresponsible businesses with falsifying import documents and import declarations, we just want to be aware about this situation and not support such commercial trade.

About 15 years ago there was a case here in the Portland Metro area where USFWS came to an individual's house and confiscated 5 gold asian arowana and that individual was indicted and convicted.

It is unfortunate that in this highly regulated coral trade some sellers purposely mislead buyers when dealing with illegal animals.

 

Here's a recent case involving a group of coral sellers that were getting corals from the Philippines. It's no joke to get caught up in one these busts!

https://www.justice.gov/usao-ak/pr/10-charged-illegally-trafficking-corals-philippines

[goldenbasketreef]

On 2/7/2023 at 10:43 PM, LadAShark said:

https://cites.org/eng/taxonomy/term/6944

If this is up to date I think it should be CITES 2? 

Yes, Rhizotrochus spp is in appendix II CITES, which means OK to trade. However, one reason that I mentioned above is that interpretation to each CITES country member would dictate allowing the trade or not. In the case of the US, it is not allowed to be imported or traded because there is no scientific data to estimate the wild population number.

Being in appending II CITES is only the first step. Each exporting CITES member country must establish an export quota based on scientific study. An export quota is a total number of this Rhizotrochus spp allowed for export in one calendar year.

If we look at CITES database no coral exporting country has Rhizotrochus spp listed in their respective 2022 quota year. So since no export quota there is also no collection permit in the country origin and no export CITES has been issued for Rhizothrocus spp.

 

How can it exist in the US?

Through illegal import by falsifying import documents to declare Rhizotrochus spp as Tubastrea spp or Dendrophyllia spp. So many corals being imported just overwhelmed the job of USFWS inspection agents.

Irresponsible importers taking advantage of the situation, this is why as a reefer we have to take a proactive approach to reject this type of product.

 

An import shipment cleared customs and USFWS so the import shipment with Rhizotrochus spp is legal?

Not really, Customs and USFWS import/export clearance is temporary in nature. The import shipment is cleared based on a given information at the time of import but can be revoked later up to 5 years later if new evidence is obtained to show the false documentation.

US management authority position has always been if a coral is illegally collected or illegally exported, it can't never be legal by any means.

The law required every importer to show an import declaration form if requested by a buyer when a question arises as to the legality of coral being imported. Also the seller must give a signed statement that the coral sold is imported legally if demanded by the buyer.

For example if a Rhizotrochus spp is listed in CITES documentation the same as in USFWS declaration form then the import is legal.

 

Rhizotrochus spp is one example of many other corals being imported by falsifying documents.

 

 The coral trade is a highly regulated trade that the law demands both commercial operators and individual hobbyists to be an aware and responsible party.

[LadAShark]

1 hour ago, goldenbasketreef said:

Yes, Rhizotrochus spp is in appendix II CITES, which means OK to trade. However, one reason that I mentioned above is that interpretation to each CITES country member would dictate allowing the trade or not. In the case of the US, it is not allowed to be imported or traded because there is no scientific data to estimate the wild population number.

Being in appending II CITES is only the first step. Each exporting CITES member country must establish an export quota based on scientific study. An export quota is a total number of this Rhizotrochus spp allowed for export in one calendar year.

If we look at CITES database no coral exporting country has Rhizotrochus spp listed in their respective 2022 quota year. So since no export quota there is also no collection permit in the country origin and no export CITES has been issued for Rhizothrocus spp.

 

How can it exist in the US?

Through illegal import by falsifying import documents to declare Rhizotrochus spp as Tubastrea spp or Dendrophyllia spp. So many corals being imported just overwhelmed the job of USFWS inspection agents.

Irresponsible importers taking advantage of the situation, this is why as a reefer we have to take a proactive approach to reject this type of product.

 

An import shipment cleared customs and USFWS so the import shipment with Rhizotrochus spp is legal?

Not really, Customs and USFWS import/export clearance is temporary in nature. The import shipment is cleared based on a given information at the time of import but can be revoked later up to 5 years later if new evidence is obtained to show the false documentation.

US management authority position has always been if a coral is illegally collected or illegally exported, it can't never be legal by any means.

The law required every importer to show an import declaration form if requested by a buyer when a question arises as to the legality of coral being imported. Also the seller must give a signed statement that the coral sold is imported legally if demanded by the buyer.

For example if a Rhizotrochus spp is listed in CITES documentation the same as in USFWS declaration form then the import is legal.

 

Rhizotrochus spp is one example of many other corals being imported by falsifying documents.

 

 The coral trade is a highly regulated trade that the law demands both commercial operators and individual hobbyists to be an aware and responsible party.

Thank you for the write up, it was very informative. I wondered how the execution of that would work out and didn't find it reasonable that it would be so slipshod as to be that it's clear for trade as long as it slips into the country. I suppose there just wouldn't be a way to prove that it was acquired legally on an individual's end as well, even if they didn't acquire it themselves illegally. 
 

Would still be amazing if captive propagation was established, but the damage the hobby can do to a dwindling species before the aquaculture becomes feasible is way too much to be acceptable, and is better left to labs that will do it, with proper facilities to carry it out. 

Edited February 10, 2023 by LadAShark

[Eatfrenchfries]

Thank you for the write up. I hope people do take the time to read this. A lot of hobbyists don't realize just how important knowing the journey that coral took from its place in the ocean to your tank is. Knowing import/export laws is key.

Coming over from herpetoculture (venemous) myself you can see the damage supply and demand + misinformation can do to a hobby. Hobbyists wield a lot more influence than they know. USFWS is no joke and they keep really good tabs once they started cracking down in the pandemic. There was a guy that used to trade with traveling hobbyists in Oregon that got busted on selling veneomous insects brought in illegal from Germany. The trail made its way to a SoCal wholesaler that had already moved the goods not knowing any better (reptile expo). 

I surrendered what I had before I moved to Oregon from California but have been checked up on twice since then for proof. Wouldn't doubt it if I got another check up after I move from my apartment to a house. Having multiple hobbies just makes them more inquisitive as to what you are doing.