Software
Houzz Logo Print
randy_e_gw

My run in with the US Fish and Wildlife Service

19 years ago

Well here's what happened.. last month I aquired a variegated Tree Cactus off EbaY. I did a little research on it and did find out it is now a protected species down in the Florida Keys due to contruction, etc. I read the discription closely... a cutting was collected 40+ years ago, planted in a womens garden in Ft. Meyers. It produced seed, plants, seed, plants, you get the picture. After 3 or generations of growing these a variegated seedling appeared.

I guess I was wrong... about a week ago I get an e-mail from the FWS saying they would like to discuss the purchase. I at first thought something was fishy but did check my caller ID and noticed that a US government agency did try to call me earlier. I called them back. They told me that since the cactus is endangered and was bought I was violating the law. My options were to forfeit the cactus freely (with proper paperwork of course)with no further problems OR a search warrant would be issued.

Here's the part I can't get over... this catus is 4" tall. I asked what would happen to it. The Special Agent said it would be used for propagation purposes to replenish the population. I told him it didn't make sense being variegated... it's a freak, not normal, the shallow end of the gene pool.

The FWS office that contacted me is located in Miami, I live in Titusville, right across the river from the Kennedy Space Center. I said no problem and where would they like me to send it to. They said that they would drive up on the weekend and pick it up... 4 hours away.

They did. This Sunday afternoon 2 agents drove up to pick up

this cactus. They were polite but one of them asked if it was going to make it. I asked what he meant by that and he said it looked like it was dying due to the bright yellow variegation on half the catus. I then told them it was variegated and perfectly healthy. I asked if they found out they could not use it could I get it back. He said he would get back with me. He did ask if he could get me a permit to grow some of these Key Tree Cactus would I be interested. After all this I said that if it wasn't variegated I wasn't interested.

If you are curious to the violation for which they seized my plant it was the Endangered Species Act, 16 USC 1538.

Well enough venting.

Randy (the Plant Man of Alcatraz)

Comments (23)

  • 19 years ago

    WOW! If this is what they were willing to do to you.... what did they do to the seller!? All over a small mutant? American tax dollars at their best!! You'd think they would have better things to do with their time?

    I might have been tempted to tell them to bite me!! I bet they wouldn't have recognized the variegated wonder?

    Glad to see you are not in Alcatraz tho:-)
    Diane

  • 19 years ago

    I believe they contacted the seller first and he also cooperated by turning over the seedlings he had.
    Randy

  • 19 years ago

    :()
    (Mouth hanging open in wonder?!)
    How did they even discover this transaction?

    LOL @ BITE ME, Diane!
    Were you tempted, Randy?

  • 19 years ago

    You really have to appreciate how a state agency would go to such extreme to protect such natural flora and fauna.
    Florida is one that comes to mind if such out-of-the-ordinary measures are taken for didn't the officials once, when they found a bug...they sprayed the entire state....and I do mean 'entire' state, destroying over a million orange trees in the bargain.

    Considering the economy is based largely on such measures, it kinda should make the residents of Florida glad they have such agencies to protect it.

  • 19 years ago

    I wonder how they even knew about the transaction to begin with. I guess it is part of some poor soul's job description to surf eBay scouting illegal forestry and wildlife activity???? Big Brother really is watching.:(

    GH

  • 19 years ago

    It was most likely a tip from a bidder or someone just looking on EbaY.
    "Extremes" doesn't even begin to describe it...
    This plant was grown from seed, from a another plant grown from seed, which originated from a specimen which had been grown by a little old lady in Ft. Myers from about 60 years ago until the mid 1990's. When she collected a piece in the Keys there was no-such-thing as an endangered species,I believe it was 1948.

    It remains incomprehensible to me anyone could get into trouble with a piece of a piece of a piece of a tree that had been growing perfectly legally all those years in Ft. Myers in someones yard.

    What really gets me is that many ,many nurseries sell things like Pseudophoenix sargentii (Bucaneer Palm), Guiacum sanctum (Native Lignum Vitae, and many others, which, while appearantly listed as endangered, are mass-produced and sold to who-ever wants them, all from NURSERY PROPAGATED MATERIAL!

    This kind of activity is the sort of thing that prevents things from disappearing entirely, and also takes pressure from native habitats due to those who might other-wise be tempted to remove them from the wild. I see all this as being good.

    Then, for them to actually go this far and confiscate a freak variegated mutant which is only special to a collector of such freaks and not important to the species survival is again to me unbelievable.

    As far as I know, this species disappeared from its habitat long ago due to destruction of habitat. You'd THINK that they'd be happy SOMEBODY just by accident saved it from being extinct.
    Randy

  • 19 years ago

    I think I would have told them it died and is in the compost pile. What a waste of tax dollars......

  • 19 years ago

    Lucky they didn't find the pot planted in the backyard.

  • 19 years ago

    ....or the Bald Eagle and Florida Panther in my freezer.
    Randy

  • 19 years ago

    One would have to read the Federal regulation or notice specific to the plant, but I have questions regarding whether the Feds actually had the authority to carry out this confiscation.

    Since the plant in question is apparently a relatively new variegated form, it is technically not the SAME plant as the one that is federally protected. Unless the Fed regulation or notice contains language that covers and includes all sports/mutations/forms etc, I think you have grounds to demand the return of your plant.

    Using the confiscated oddity to 'replenish' the endangered wild population is sheer hogwash. Apparently there is no wild population of variegated tree cacti . . . ergo, introducing it into the natural environment would serve only to FURTHER endanger the original species.

    The fact that the agents didn't even know what they were looking at kind of speaks volumes. What an outrageous waste of resources. A 4 hour trip, you say? Now, assuming they obeyed a 55 mph speed limit during their 8 hour round-trip, that's a total of about 450 miles (how much is a gallon of gas in FL these days?). Then there's the per diem the TWO agents were paid for meals (probably more than one meal each since they were on official travel status for more than 8 hrs). Wonder if they were paid an overtime bonus since it was, afterall, weekend duty . . . hmmmmm.

  • 19 years ago

    Sounds like my run-in with the DEA.

  • 19 years ago

    Since they showed up on a Sunday, I'm wondering if they were even legit.

    Did they produce identification?

  • 19 years ago

    Yep... proper ID, proper Department of the Interior US Fish and Wildlife Service Division of Law Enforcement Fish And Wildlife Abandonment Form 3-20096, violation of Endangered Species Act, 16 USC 1538.
    Randy

  • 19 years ago

    Reading this post my first thought was that in most cases, I thought removing protected species only from the wild is illegal, but propagated ones from those collected many years back would be exempt under those guidelines, but I guess in some cases they figure even trafficking in propagated plants from nurseries encourages the trade in that particular species, so I could understand them not allowing any trade whatsoever, just maybe? I must look up the endangered species act to see how it reads percisely. In some cases it's even encouraged to grow plants that may be somewhat endangered in the locations where they originate or originated so I don't usnderstand them not wanting folks to grow ones not collected from the wild! Sometimes those laws just don't make "common" sense!!

  • 19 years ago

    If they're so worried why don't they stop all the construction that's destroying their habitat? That would be a better use of their money and time, and why are they polluting the air for 8 hours driving time when you offered to mail it to them? Stupid! Or maybe not, they were probably paid triple time working on Sunday.

  • 19 years ago

    Plus, most plants grown as houseplants, and some garden plants, are endangered or extinct in their country of origin. Cultivating them preserves them for future generations.

  • 19 years ago

    It's tough defending the gov these days. The real protectors of our country, resources, and heritage
    are individuals. We still live in a great place, but
    the gov is falling away from for the people by the people.

    "Be thankful we're not getting all the government we're paying for."
    ~ Will Rogers

  • 19 years ago

    Sounds to me like Joshua Trees and some oaks here in CA. It's a hefty fine to even accidentally mow down a seedling.

  • 19 years ago

    Mr. English, do you fully inform them the unlikely probability of this plant producing what they hoped to achieve?

    Golly, folks like that, in charge of a department in charge of that! A bleedin' shame, I say.

    I'm soooo sorry you underwent this. All for the love of yellow/white/ivory.

    Glad to see you still kickin' it, and aiming at certain behinds.

    'Bout time for a photo review, don'cha think?

  • 19 years ago

    I fully explained that this plant would not work for what they wanted it for. I wouldn't be suprised if they tossed it out the window on the way back to Miami just to get it out of my possession.
    Honestly I think I'm starting to loose interest in plants, at least for a while. Below is a photo of the cactus that started this load of crap.
    Randy

    Here is a link that might be useful: {{gwi:115246}}

  • 19 years ago

    Randy,

    I always had a feeling you were an outlaw! LOL

  • 19 years ago

    We would miss you terribly if you gave up, Randy. There are always nazis around to take the joy out of things--try getting involved in flower shows! (I should say, just some of them. Most are a great pleasure, and increase your interest instead of making it painful!) 'Beauty is its own reward' somebody said. Don't know what I'd do sometimes without my plants.

  • 19 years ago

    Hey randy,

    Before you lose interest in plants. Do you think I could interview you for my blog? This story is fascinating! I'd be willing to post your link in exchange for your time. Please. :0)