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Post by Adam Cotton on Feb 10, 2022 6:06:03 GMT -8
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Post by vabrou on Feb 10, 2022 7:12:48 GMT -8
I published several small articles of similar collecting fiascos over the years. And these same scenarios can happen anywhere even in one's own country. We are all subject to to the whims of BGB, bastards with guns and badges. These (bullies) clowns often make up their own laws and we the victims of such foolishness usually loose in the end. Getting permits before hand means nothing, these are bullies with guns. Here is one I copied and pasted from 2009 involving India.
A 2008 report of illegal insect collecting by visitors in India
by
Vernon Antoine Brou Jr., 74320 Jack Loyd Road, Abita Springs, Louisiana, 70420 USA email: vabrou@bellsouth.net [/div] Two Czech nationals, Petr Svacha and Emil Kucera were arrested for illegally collecting
rare insects in Singhalila National Park, violating Indian wildlife laws near Darjeeling,
India on June 22, 2008 and were been granted 'interim' bail till August 12 by the court of
the Chief Judicial Magistrate, UK Nandi. This type of bail can be withdrawn easily
without any hearing. However, the prosecution requested the court to set several
conditions to prevent them from leaving India. Complicating the matter was that at the
same time there was an ongoing strike of lawyers in Darjeeling. About 500 live and
preserved insects, and arachnids, mostly coleoptera, were seized from their hotel room in
Shrikhola near Darjeeling.
A butterfly listed under Schedule I of the Indian Wildlife (Protection) Act, identified
as Delias sanaca (Moore, 1857), a day-flying butterfly of black, yellow and white
coloration was among the collected specimens sent to the Zoological Survey of India
(ZSI). Initially, the prosecution requested denial of bail of the two individuals on
grounds that the accused could possibly jump bail to avoid the proceedings against them.
Saurabh Sharma, Wildlife Trust of India (WTI) advocate, who is assisting the prosecution
said, "We were hoping that they would not be granted bail. Alternatively, if granted, we
had pleaded for a 'conditional' bail to prevent them from escaping." They were warned
not to interfere in the investigations against them.
Consequently, the court set several conditions on the bail to restrict movement of the
two foreigners. The accused had to deposit their passports with the Inquiry Officer and
could not leave the Darjeeling Sub-division without court approval and were ordered to
report to the Police Inspector In-charge of Darjeeling Sadar, twice-a-week. Additionally,
the accused were each required to obtain surety bonds in the amount of 3500 Rupees =
($72.00 USD).
At the time of their arrest, the two individuals stated that they were collecting insects
for research purposes and were unaware of the Indian laws. However, investigation
revealed that Kucera, a forester, was involved in the trade of insects. They were also
found to have violated other administrative procedures, as required by the local laws.
Utpal Kumar Nag, ADFO, Wildlife Division-1, who had led the arrest, said, "This is just
an interim bail and they have been confined to Darjeeling, so the case would not be
compromised."
In a preliminary report; most of the insects had not yet been identified to species
level, however, the authorities in ZSI suspected that the collection has certain species
listed under Schedule I and Schedule II Part II. The case has been quite highly publicized
because of the profiles of the accused. The news reports stated this was a good thing,
because if this had not happened, they could have easily camouflaged themselves among
other foreign tourists and escaped to Nepal through the porous borders. But, because of
the publicity, escape attempts may prove to be more difficult as they are easily
identifiable now.
The two Czech citizens, Emil Kucera, 52, and Petr Svacha, 51, now referred to as
scientist, later appeared in court and were denied bail. Svacha is reportedly a senior
scientist at the Institute of Entomology of the Academy of Sciences of the Czech
Republic (ASCR) and the managing editor of the European Journal of Entomology, while
Kucera is a forester. The accused were employing pressure tactics and threatening to go
on a hunger strike, if not granted bail. The India authorities were concerned that the high
profile of the accused and the powerful lobbying in their favour, combined with lack of
support for the prosecutors, may bear unjust results.
Authorities stated they had copies of internet postings by Svacha that revealed their
intentions of offering to sell the butterflies for a specified price. Authorities said they
were not as ignorant as they claimed. Among their possessions was also a flash drive
containing a map of the Singalllia National Park where they were collecting insects and
butterflies in eastern India and a Global Positioning Device, a high resolution camera and
chemical preservatives. The pair, who deny the charges, have received support from the
international scientific community and a petition with more than 500 signatures
demanding their release has been presented to the Indian prime minister.
This case garnered much debate in the Czech Republic and in India, with the locals
stating that previously a similar case involved the Japanese and now it was the Europeans
repeating these atrocities. The Czechs countering that the scientist were being held as
political hostages and that bureaucracy in India is exceedingly horrible, and that the area
in which the collecting was occurring was not within the confines of the National Park as
the authorities originally stated. It appears the bottom line issue for India’s authorities
was that the two individuals did not bother to obtain the proper permits for collecting.
Part of the evidence presented was the website of Emil Kucera offering to provide for
sale Palearctic coleoptera from areas of China and India.
On September 8, 2008, Chief Judicial Magistrate (CJM) of Darjeeling, announced
them guilty of violating both the Indian Wildlife (Protection) Act, 1972 as well as the
Biological Diversity Act, 2002. This was the first instance of anyone being convicted
biopiracy under the Biological Diversity Act. Kucera was sentenced to three years
imprisonment along with a fine and Petr Svacha, was let off with a fine of 20,000 Rupees
= ($410.00 USD).
Kucera was on bail, pending his appeal on grounds that he was a foreigner and had no
one to appeal his case locally. Apparently in October 2008, Kucera jumped bail
according to newspaper accounts and fled India. During the course of the trial, a scientist
from ZSI had testified that a Schedule II Part II beetle species Cucujus bicolor, had been
identified from the collection of hundreds of illegally taken specimens.
“This was not the first known case of illegal collection of butterflies and other insects
in India, including the high altitude varieties of the trans-Himalayan region. In a previous
case, a German national claiming to be a scientist was found collecting rare insects in
India. In still another related story, a group of French students arrested in July last year
were caught with ultraviolet lamps and bedsheets. Since 1972, the government of India
has managed to get only eight convictions under the Wildlife Act. Seven of these
convictions ranged between four and five years and one for six years, but no violator has
been given the maximum prescribed seven-year sentence. Most of these cases involved
mammals.
Citation: Brou Jr., Vernon A. 2009. A 2008 report of illegal insect collecting by visitors in India. South. Lepid. News 31: 7-8.
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Post by vabrou on Feb 10, 2022 7:25:21 GMT -8
Here is another one from 2009 Two US citizens arrested in Australia for beetle smuggling.
by
Vernon Antoine Brou Jr., 74320 Jack Loyd Road, Abita Springs, Louisiana 70420 USA E-mail: vabrou@bellsouth.net The men, who were not identified for legal reasons before their first court appearance,
each face fines of up to $93,000 and a maximum of 10 years in prison. They were
arrested at the Australian Perth airport in April, 2008 for attempting to smuggle 1350 rare
dead beetles out of the country as they were about to board a flight to the United States.
The two individuals were only identified as by their age: one, 62 years old from
Naples, Florida, and the other, 63 years old from Cambridge, Massachusetts. They were
charged with exporting a regulated native species without a permit. Australian Customs
officers acted on a tip from the public and stopped the men from boarding a flight to the
United States. Customs officials allegedly found 1350 mostly native tiger beetles in glass
vials of alcohol, concealed in empty plastic yogurt containers in the men’s luggage.
A similar incident occurred in December 2002. Customs officials stopped two men
from Nara Prefecture, Japan, aged 48 and 33, in an attempt to smuggle more than more
than 600 rare stag beetles and 400 other insects out of Australia in cereal boxes and
biscuit packets. The incident occurred at Sydney's Kingsford Smith Airport as the men
attempted to board a flight to Thailand. About two-thirds of the specimens were alive.
The men were charged with matters relating to the Environment Protection and
Biodiversity Conservation Act 1999. Under this law, the maximum penalty for such
offences is (A $110,000.00) US $61,589.00 or 10 years' jail or both. The beetles and
larvae were taken from Lord Howe Island, a World Heritage Protection Area. The stag
beetles were identified as Lamprima insularis, a rare and protected species found only on
Lord Howe Island. The stag beetles found on the smugglers may have represented half
the total known population of that species. The beetles were assumed destined for
Japanese pet shops and collectors. The two Japanese individuals were identified as a high
school biology teacher and the pet shop owner.
Environmentalists have sounded an alarm over the popular hobby involving beetle
collecting in Japan. Large live beetles to keep as pets have even been available to the
public in vending machines. Non-governmental groups issued a report in 2002, warning
that the unmonitored influx of foreign beetles for the pet trade poses a risk to Japan's
insect ecosystem. As the number of domestic varieties lessens, Japanese collectors have
turned to foreign fauna, especially big stag beetles. Nearly 700,000 beetles were imported
in 2001 alone to Japan. Urban developers are destroying the beetles' woodland habitat
and stag beetles are considered threatened around the world. Some Japanese consider
foreign beetles more desirable because they are bigger than native species. Male beetles
greater than 10 centimeters can easily fetch tens of thousands of dollars. One Tokyo
insect dealer told Kyoto's news service that he regularly travels to China on clandestine
beetle smuggling services. "Getting out of China with a panda would be impossible," he
said. "But smuggling stag beetles in your luggage is a cinch."
Though not insect related, I found this report most amusing. In 2002, a Californian
faced up to 5 years in prison after he smuggled 3 Fiji Island Banded Iguanas inside his
false leg. Prosecutors said J. James stole the banded iguanas while on a visit to the South
Pacific island in 2002. He was alleged to have constructed a special compartment inside
his prosthetic limb to move the reptiles.
In another similar smuggling incident occurring October 2007, Dutch customs
officers found 100 dead beetles stuffed with cocaine while examining a parcel from Peru.
The little drug couriers' bodies had been slit open and filled with a total of 300 grams of
cocaine, with an estimated street-value of (8,000 Euros) US $11,270.00. "This is a very
striking method of smuggling. We have never seen anything like this before," said a
government spokesman.Citation: Brou Jr., Vernon A. 2009. Two US citizens arrested in Australia for beetle smuggling. South. Lepid. News 31: 60 |
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Post by vabrou on Feb 10, 2022 7:32:40 GMT -8
Here is one more Berks County Pennsylvania man fined $5,000 for illegally importing beetles
by
Vernon Antoine Brou Jr., 74320 Jack Loyd Road, Abita Springs, Louisiana, 70420 E-mail: vabrou@bellsouth.net In April, 2009, Marc T. Dilullo age 36 who is single, illegally imported 25 giant live
beetles in 2008 from Taiwan and was fined $5,000 in U.S. District Court in Allentown.
Mr. Dilullo pleaded guilty in January to unauthorized movement of plant pests under the
federal Plant Protection Act. Mr. Dilullo did not have a U.S. Department of Agriculture
permit to import live beetles, a law intended to protect agriculture by preventing the
introduction of exotic insects. U.S. Magistrate Henry S. Perkin also placed Dilullo on
probation for three years.
Officials with U.S. Immigration and Customs Enforcement opened the package and
found beetles, including the Hercules, Rhinoceros and Goliath species. Federal officials
claimed some of the insects were as large as a child's hand and, if released, could have
reproduced and caused extensive damage to crops and trees. Agencies involved in the
matter included: the U. S. Department of Agriculture, The U. S. Postal Inspection
Service, and the U. S. Immigration and Customs Enforcement.
Dilullo's attorney, Kurt B. Geishauser of Reading, said Dilullo intended to breed the
beetles and they were not a threat to plants or wildlife because they would die if released
into the wild. The case was prosecuted by Assistant U.S. Attorney Joan E. Barnes.
The matter came to light after a clerk in the Mohnton Post Office became suspicious
when she heard scratching sounds coming from a package from Taiwan, addressed to
Dilullo, which was labeled, "toys, gifts and jellies".
Mr. Dilullo has for a number of recent years corresponded and exchanged specimens
with numerous other collectors and breeders of lepidoptera and other insects here in the
U. S. as well as abroad. His attorney said Dilullo plans to get rid of all his beetles and
bugs and ''begin with a fresh start.'' Mr. Dilullo has put his home up for sale and plans to
move to Iowa, due to his interest in whitetail deer. He told U.S. Magistrate Judge Henry
S. Perkin at his sentencing. ''I want to get this past me and move on with my life.''
Stay tuned – you can keep the beetle from the man, but you can’t keep the man from
the beetle.Citation: Brou Jr., Vernon A. 2009. Berks County Pennsylvania man fined $5,000 for illegally importing beetles. South. Lepid. News 31: 62-63. |
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Post by exoticimports on Feb 10, 2022 8:26:39 GMT -8
This could go on for a long time. A well known and popular Lepidopterist regularly smuggled butterflies, including CITES, back to USA. USFWS always let him go. In Solomons, the one slimeball dealer I didn't buy from leveraged relationships to get me intercepted at the airport for "smuggling." The investigators had nothing to go on, admitted I'd broken no laws, but well you know, they have to do something. So I paid them off. Keep in mind that I was WITH, at the airport, the top Natural Resources guys! They were livid, but hey, that's their kastom culture. Not just bugs: Justin Taylan owner pacificwrecks.com discovered WW2 aircraft being illegally smuggled from Solomon Islands, and reported it. Oops. The politicians were in on it. He was held under house arrest for 90 days until the aircraft disappeared, then got fined $87. Notably, the aircrafts went to Australia, which also has laws against illegal import. I guess you grease a few hands and anything can happen. And, not to be outdone, corrupt politicians, law enforcement, and US government ganged up to steal a fossil. Frightening and sad, buy the book: www.amazon.com/Tyrannosaurus-Sue-Extraordinary-Largest-Fought/dp/0716794624And...back to India. You actually don't have to smuggle anything, just run afoul of their bureaucracy. A former US Special Forces dude was hiking near the Indian border, and walked the wrong way out of a building which put him a meter onto Indian territory. He was arrested, which he thought they were joking. After six months locked up with no court appearance, he knew he was stuck in India's "system." In the end some of his former Special Forces buddies did the right thing- they violated Indian borders and illegally crossed into India and got the guy. IIRC they didn't have to shoot anyone. There's balance and perception. On the one hand, one should respect a nation's laws. On the other hand, scientific research trumps law. I see both sides, and everyone will have an opinion. Chuck |
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Post by wingedwishes on Feb 10, 2022 10:05:14 GMT -8
I have a friend who sells opals in the USA from his opal mining in Australia. He brought back some plastic toy boomerangs from Australia for some children to play with. They were seized at the airport because boomerangs are considered weapons! In my mind, I'm thinking 'how do you threaten anyone inside an airplane with a little plastic replica boomerang?' I think a simple sharpened pencil is more dangerous than a real boomerang on a plane...
As for India, I won't touch anything from there. It seems as restrictive as Brazil except Brazil is not also known for stealing American dollars over the phone.
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Post by kevinkk on Feb 10, 2022 10:06:46 GMT -8
Interesting reading, and not surprising, people are busy out there. I think besides that dinosaur, there's a giant emerald that's "under guard"
here in the USA if I remember correctly.
The beetle topic comes up now and then over at the beetleforum site, it looks easy to order online, but for 5k, you could go collect somewhere,
and apparently there are a number of people who have permits to raise exotic beetles, all you need to do is let the feds in your house and look
around.
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Post by wingedwishes on Feb 10, 2022 10:14:12 GMT -8
In 1989, I was threatened by a judge at 3am in Texas for poaching reptiles. My friend with a collecting permit picked up a dead rattlesnake from the road to skin it for the hide. Though I stayed in the car, I was 'charged.' The judge said I had to pay a big fine and would keep me in jail till I paid it. I told him jail was fine and I was not going to pay it since I did not have lots of money. He said he would search the car for drugs. I told him that was fine and handed him the keys. He then asked how much money I had and I gave him about $50. He put the money in his pocket and let me go.
I found out in November 2021 that he and the wildlife officer were jailed for never reporting the money and overreach.
This is why I'm glad the butterfly ranch owner in Belize has the personal cell number of his friend, the Prime Minister of Belize.
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Post by exoticimports on Feb 10, 2022 10:28:26 GMT -8
There is as well the case of US treasure hunters effed by US government so somebody could get their hands on a painting:
The Wikileaks release of state department cables revealed that US diplomats had offered to side with Spain against Odyssey. The US ambassador in Madrid sought to tie the treasure to attempts by an [politically connected] American citizen, Claude Cassirer, to recover a painting by Camille Pissarro that hangs in Madrid's Thyssen-Bornemizsa museum.
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Post by trehopr1 on Feb 10, 2022 10:42:21 GMT -8
Well, sadly there are places in this world of which the collecting of native fauna is either forbidden or severely restricted.
The way I see it, they mean business when they say that; so, whoever you may be you had better respect the rule of their law whether you like it or not.
When you are considered a foreign national they can do whatever they want to you. Hefty fines, imprisonment, or even being banned from their country are all heavy-handed tactics they can "pull out of their hat" to use on you !
And just think, that's before you're done paying for your legal counsel and before you're done paying off theirs...
Same thing goes on here also. The bottom line is the government (whether) it be local, state, or federal has bottomless resources and money for prosecution. Your own pockets will never have enough for your defense.
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Post by papiliotheona on Feb 10, 2022 12:26:47 GMT -8
It's not worth even attempting international collecting ANYWHERE without reliable, ironclad connections and fluency in the language, or lots and lots of baksheesh to lubricate the system with.
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Post by exoticimports on Feb 10, 2022 13:33:43 GMT -8
It's not worth even attempting international collecting ANYWHERE without reliable, ironclad connections and fluency in the language, or lots and lots of baksheesh to lubricate the system with. That is true, though it's misleading starting off it's not worth collecting overseas, then add the caveat. It is CHALLENGING to study flora, fauna, rocks, etc in foreign countries. Some adapt better, some shouldn't leave home. It is important to ensure compliance; it's also important to know US law (I learned quickly to carry CFR with me on import to "fix" understanding of the law.) It's not just the law. An Australian entomologist with a big name institution went overseas with grand ideas of a month of study in the jungle; he found out he was part of a dog and pony show that simply marched from village to village. LOL. He was displeased, to say the least. John S is a good case in point, look at the times he's studied in Belize. He knows his way around, knows what (and who) to avoid, and has all his permits lined up. Sure, somebody could make trouble for him, just for the sake of doing so, but with his preparation and experience it's pretty low risk. I spent my time in Solomon Islands during the civil war. And, there are a few these days who are in parts of Africa known for terrorism, war, crime, and ebola. So some people think it's worth it. Note, I think there is nobody right now that thinks it's worth going to the contentious nature reserves that are being logged in Brazil- that's pretty much asking for death- either by the government on the way in/out, or by the logging concerns. No thanks. But it would be a scientific gold mine for anyone that dares. Chuck |
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