What are the laws for orchids on your property
 

Hi everyone
ok, completely off the topic maybe, but still including the orchids. I have a friend up north, and he has large land, with many orchid species growing on the property. He is not into the orchids and he had no clue there are so many orchids growing there. He recently started to notice them and started to ask for my help with the ID etc. Question is, is he allowed to sell some of these orchids (must be Florida native orchids), if they do grow on his property? What are the laws, and what he has to be aware of? Any tips would be greatly appreciated.

He shouldn't remove them from their habitat. It's ilegal in Brazil. It might be ilegal in the US too.

Thanks Luizacft

Check with your local laws, some states, what's in your property belongs to you. But again, check with your local law enforcement

What species?

Different species may be subject to different laws. For instance, it may be perfectly legal to collect species that have been introduced and/or have become invasive. In some areas, it may be legal to collect all but the rarest of species if they are on your property.

Legal issues aside, keep in mind that a lot of temperate terrestrial orchid species are difficult, if not impossible, to move and/or transplant. Digging those up and selling them is basically a death sentence for them, and it's unfair to the buyer, unless the seller clearly states the plants have been wild collected (rather than cultivated in a nursery).

Because of the high mortality rates after being disturbed, regardless of whether it's legal to collect or not, it's something that's best if it's discouraged.

Federally protected is federally protected. If a plant species not federally listed is listed by a state as endangered, threatened, or whatever WITHIN that state, then the laws of that state apply. These vary widely. Here in PA for example, species listed by the Commonwealth as endangered may be collected from the wild on one's own property, or the property of others with permission. They may also with permission be eaten, sprayed with weed killer, worshipped as gods, or bulldozed to make room for the swimming pool. The only things you can't do with state listed species is buy, sell, trade, or export them from the Commonwealth. Obviously you need to look into the laws of FL.

Many thanks everyone. Subrosa, I will just forward all this info to my friend, since it is his concern, and let him do the further research. MrHappyRotter, very good point, although I have to say I see dozens of terrestrial orchids offered on the ebay, and they are definitely collected, it is true that they will most likely die when moved from their habitat. I did tell him right away he must first ID them, and check if they are endangered, but that may be very difficult for him anyway since he does not even grow orchids :-)

DISCLAIMER: I'm not an expert in plant protection laws, nor for that matter in any type of law. Use, rely on, or disseminate this information AT YOUR OWN RISK, and with this disclaimer attached. :)

As far as I know, no Florida native orchid species are federally listed under ESA at this time.

Under current FL law, it looks like no permit is required to collect State-listed protected plants (incl. 'threatened,' 'endangered,' and 'commercially exploited' categories) ON one's own private property. Sale or off-property transport of 'endangered' and 'commercially exploited' (but apparently not 'threatened') species DOES require a FDACS collection permit. Sales, and possibly even non-commercial transport of any plant products, also require nursery and probably business permits.

If collection or off-property transport of State-protected plants is by someone other than the legal owner of private property, then both written permission of the landowner and FDACS collection permits are required, unless the species is only 'threatened' in which case written permission suffices.

Many, but not all, FL native orchids are regulated by the State, though as noted above the particular type of protection is significant, making accurate identification of species important before action is taken.

Below are my sole sources for this information; please carefully read ALL of it, bear in mind that it may not provide the complete picture, AND know that it would be entirely UNREASONABLE to rely on sketchy interpretations provided by me, an unpaid uncredentialed stranger, in doing anything that might affect your legal status, rights, and responsibilities:

ESA-listed species known to occur in FL

FL Dept. of Ag. and Consumer Services (FDACS) info on Native Plant Harvesting Permits

FL Administrative Rule on obtaining permits to harvest protected plants

FL Regulated Plant Index

Nat so many thanks, I am forwarding this to my friend, this will give him a great idea what to do ;-)

One consideration, although legally it may or may not matter is that as with so many different life forms FL hosts many non native invaders. I would certainly hope that these invaders get no legal protection, but that may not be the case.

If the orchids on your friends trees are native Florida orchids then he can't transport them or sell them without a permit from the state of Florida. Here's the actual paragraph in the Florida law.

(d) Any person transporting for the purpose of sale, selling, or offering for sale any plant listed on the Regulated Plant Index, except for those plants listed as threatened, which is harvested from the person's own property must have a permit from the department in his or her immediate possession when engaged in any of the described activities.

Lots of good advice above.

Based on the number of "grey areas" you could run into with the law, your friend probably needs:

(1) the advice of a natural resource attorney licensed in Florida;
(2) a botanist that can positively ID the plants on his(her) property.

Then, it appears that a permit may be needed, if the plant is regulated. All for some plants that may or may not survive being dug up and transplanted.

You have to wonder if the effort and expense would be worth it?

BTW, which orchids are growing there? Some are not commercially viable, because of its size, no significant market, etc, etc

You definitely need to get clarification, but that paragraph does not prohibit transportation, it prohibits transportation for sale. It is clearly within the meaning of that paragraph to transport the covered species for purposes other than sale., such as giving them away. But the final effect of any law comes down to who interprets and enforces it, so a talk with the proper authorities would be wise.