Journal Number 91
June 2004

GUEST EDITORIAL

Czechs Sentenced For Attempted Smuggling Of NZ Orchids
By Bec Stanley, DOC Auckland Conservancy

The Wildlife Enforcement Group (WEG) has successfully coordinated the prosecution of two Czech nationals in New Zealand's first documented case of native flora smuggling. WEG is an agency of representatives from Customs, the Ministry of Agriculture and Forestry and the Department of Conservation whose role is to investigate wildlife smuggling. Smuggling of orchids worldwide is thought to be on the rise.

Jindrich Smitak, an inspector in the Czech Government Environmental Protection Agency, and Cestmir Cihalik, a professor of cardiology from a leading Czech university, each pleaded guilty in February to one charge of trading in specimens of threatened species. They were both convicted and each fined $7,500 plus costs. Smitak also admitted three charges of removing plants without authority from National Parks and was also convicted on those charges, but discharged without further penalty.

CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) is an international agreement between governments. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival. All New Zealand orchids are covered by Appendix II of this legislation. Appendix II species are not necessarily threatened with extinction but are those that may become so unless trade is closely controlled. International trade in specimens of Appendix II species may be authorized by granting an export permit.

Permits or certificates would only be granted if the relevant authorities are satisfied that certain conditions are met, e.g. that such export will not be detrimental to the survival of that species i.e. is not collected from the wild (as was the case in this particular instance) or that the specimen was not obtained in contravention of the laws of that country, amongst other considerations.
See http:// www.cites.org/ for more information.

Smitak and Cihalik were attempting to smuggle out of New Zealand more than 350 dried herbarium specimens of native orchids and other plant species taken from inside National Parks. They had 93 orchid specimens from 22 species (including Microtis, common Pterostylis, Winika, Earina species, Icthyostomum (Bulbophyllum), Simpliglottis (Chiloglottis), Gastrodia and Orthoceras) from numerous sites around the country to export back to the Czech Republic.
They both also had a number (12) of live epiphytic orchids in their possession that could be propagated and/or sold.

"If these or any live New Zealand orchids were successfully smuggled out of the country they would be highly sought after," Colin Hitchcock of WEG says.

Despite media reports here and in the Czech Republic none of the orchids collected were on any NZ threatened plant list. The confusion seems to have arisen because all orchids are deemed to be threatened by trade under Appendix II of the CITES legislation.

The effects of this collection and attempted export are the perceived risks of New Zealand's native orchids entering the commercial realm overseas. This would increase interest and may encourage trade - possibly increasing chances of collection from the wild to supply this trade. 

The Wildlife Enforcement Group can be contacted by email at weg@iconz.co.nz
or by writing to WEG, C/- NZ Customs, Box 29, Auckland or by calling 09 3596607.