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Rhyzo Coral - Not Necessarily Illegal

Following publication in a recent weekly CORAL e-newsletter of a preview of a future article on Coral Feeding by Tim Wijgerde, some readers questioned the legality of buying and selling Rhyzotrochus typus. (The allegation from certain online authors is that the corals are being smuggled out of Japan, where they are legal to collect but banned from export.) Original Article.
From Tim Wijgerde, M.Sc.
Here is some clarifying information from Craig Hoover, of the US Fish and Wildlife Service in Arlington, Virginia:
Dear Tim,
Your inquiry was forwarded to me today and I wanted to take this
opportunity to respond and, hopefully, clarify the legal status of
Rhizotrochus typus.
A quick web inquiry confirms the rumors you mentioned
about illegality, though the basis for those claims is a bit less clear.
As you may know, all Scleractinia were added to CITES Appendix II in 1990,
so all stony corals in the Order have been included in CITES Appendix II
since that time.
This listing does not prohibit trade but imposes certain
requirements for international trade to occur. The export of CITES
Appendix-II species can occur if the exporting country determines that the
export is not detrimental to the survival of the species and that the
specimens were lawfully acquired. If those findings are made, the
exporting country must issue a CITES export permit indicating the species,
quantity, and other information regarding the specific export. For more
information on how CITES works, see
http://www.cites.org/eng/disc/how.shtml.
Some countries establish export quotas for CITES Appendix-II species,
though this is not a requirement. For example, Indonesia reports export
quotas for corals and does not have a quota in 2009 for this species.
Presumably, therefore, there is no legal export of this species from
Indonesia. for more information on CITES export quotas, see
http://www.cites.org/eng/resources/quotas/index.shtml. Also, to my
knowledge, there is no legal commercial export of stony corals from the
Philippines. However, I can not say that the species is prohibited from
trade throughout its range without assessing the domestic legislation of
each range country, and it appears that the genus Rhizotrochus occurs
throughout much of the Indo-Pacific.
My review of the CITES trade database shows that some apparently legal
trade in this species has been reported. Feel free to conduct your own
query of the CITES trade database at:
http://www.unep-wcmc.org/species/dbases/about.cfm.
When I queried all trade in the genus Rhizotrochus since 2002, I found records of a small volume of live specimens (less than 300) imported to the United States,
the vast majority in 2008, primarily from Tonga. Unless we can show that
this species does not occur in Tonga, it would appear that Tonga is making
the necessary CITES findings and allowing the export of this species.
I hope this sheds some light on the legal regime governing trade in
Rhizotrochus typus. Please let me know if you have any other questions.
Best,
Craig Hoover
Chief, Branch of Operations
USFWS Division of Management Authority
4401 N. Fairfax Drive, Room 212
Arlington, VA 22203
Ph: 703-358-2162
Fax: 703-358-2298