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Old 07-18-2016, 12:36 PM   #1
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Default Sullivant's Milkweed (Asclepias sullivantii)

I ordered this from a native plant nursery last year and now have some growing in my yard. Recently on social media someone was asking about the different milkweed species I have, so I listed them out. Then someone else pointed out that this particular species is on the MN threatened species list, and if I understand the law correctly, it can't be possessed or sold without a permit! And yet a number of MN native plant nurseries sell it. I bought it from Prairie Nursery in WI, where it's also threatened, and they have similar laws. I don't understand how it could possibly be sold in that case. So now I'm wondering if I've inadvertently done something illegal. I've emailed the state DNR and a couple of native plant nurseries, but I'm wondering if anyone here has run across this type of issue with native plants?

Here are some links:

MN
WI
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Old 07-18-2016, 01:59 PM   #2
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Not true about not being allowed to possess or sell endangered plants. They are only protected on public lands. Private landowners have always been able to do as they please with plants because plants are owned by the land owner. Wild animals and land formations such as wetlands are regulated by law even on private land.

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Why aren’t endangered plants protected from taking on private lands?
Endangered plants on private lands can be taken without penalty (unless a State law prohibits such taking), but this is not the case for endangered animals that are protected from taking on both public and private lands. Why the difference?
Federal and State wildlife laws in the United States have their origins in old English common law where the King and Parliament owned the wild animals and prescribed the ways that ordinary citizens could harvest them on all lands, public or private. Conversely, plants were considered to be a part of the land on which they grew, and thus plants on private lands were treated as the owner’s private property. This ownership difference has been carried forward in the different ways that plants and animals are protected in the Endangered Species Act.
Only import and export are strictly regulated.

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Many states have their own endangered plant law. In 15 states, plants are part of the overall state endangered species act. In 17 other states, endangered plants have their own protective act separate from animals. Eighteen states have no state-level endangered plant law.
Most state laws provide fewer and weaker protections for endangered plants than the Federal Endangered Species Act. Like the Federal act, most State laws provide no or minimal protection for endangered plants on private lands. Penalties for violation of state laws are usually minimal. Very few state laws require state agencies to consult on their projects that may damage endangered plants. Very few have provisions for the designation of critical habitat or a requirement to develop recovery plans. Nevertheless, all state laws designate an agency responsible for endangered plants and give the agency the job of developing a state list. The agency is usually responsible for public information, education, and conservation activities in partnership with other agencies, organizations, and individuals.

Laws and Regulations to Protect Endangered Plants
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Old 07-18-2016, 02:27 PM   #3
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http://wisctowns.com/uploads/ckfiles...rac%20Sand.pdf
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Sullivant's Milkweed (Asclepias sullivantii)-screenshot-1232-.jpg  
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Old 07-18-2016, 02:56 PM   #4
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I didn't see anything in the state regulations about it only applying on public lands.

For example the MN statute says:

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A person may not take, import, transport, purchase, sell, dispose, or possess a threatened or endangered species of plant or animal without a permit from the commissioner.
And Wisconsin:

Quote:
No one may process or sell any wild plant that is a listed species without a valid permit.
Those quotes are taken directly from the state regulations (links are in my original post.) What I see in the WI regulations seem to conflict with the PowerPoint slide you linked to. But really I'm more concerned with the MN rules as that's where I live. I did hear back from the MN nursery I emailed, and they said they source their plants from IL where it's not listed. But that the MN DNR still technically doesn't allow it.
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Old 07-18-2016, 03:01 PM   #5
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An 2011 NPR story. Interesting. But I have been involved in volunteer restoration work and know that I personally may not understand all the ramifications of moving plant species but responsible collection and relocation can and is achieved. This is why I would not go off on my own and do this. Reputable companies do stay within the law and the spirit of conservation. If you ask me professional propagation is the saving grace for some native plants. The Chicago Botanic Garden propagates native plants from seed to seedling stage and then a local conservation group gets volunteers to grow the plants in home gardens so as to create a large seed bank that can be returned to the wild. Local people only though and right back into the original habitat. I don't know if I would endorse tightening those laws or fighting that battle to take away private landowner rights or stop state efforts in restoration.

A Growing Risk? Endangered Plants For Sale Online : NPR
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Old 07-18-2016, 03:11 PM   #6
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Quote:
Originally Posted by gymell View Post
I didn't see anything in the state regulations about it only applying on public lands.

For example the MN statute says:



And Wisconsin:



Those quotes are taken directly from the state regulations (links are in my original post.) What I see in the WI regulations seem to conflict with the PowerPoint slide you linked to. But really I'm more concerned with the MN rules as that's where I live. I did hear back from the MN nursery I emailed, and they said they source their plants from IL where it's not listed. But that the MN DNR still technically doesn't allow it.
For species to be taken from the wild in Minnesota, the applicant must document the following.
•the justification for the taking, location, species, number of individuals to be taken or possessed
•that there are no feasible alternatives to the taking
•provide assurance that the taking will not negatively affect the species' status in Minnesota
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Old 07-18-2016, 03:19 PM   #7
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Quote:
84.0895 PROTECTION OF THREATENED AND ENDANGERED SPECIES.

§ Subdivision 1.Prohibition. Notwithstanding any other law, a person may not take, import, transport, or sell any portion of an endangered species of wild animal or plant, or sell or possess with intent to sell an article made with any part of the skin, hide, or parts of an endangered species of wild animal or plant, except as provided in subdivisions 2 and 7.


Subd. 2.Application. (a) Subdivision 1 does not apply to:

(1) plants on land classified for property tax purposes as class 2a or 2c agricultural land under section 273.13, or on ditches and roadways;
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Subd. 8.Application. This section does not apply retroactively or prohibit importation into this state and subsequent possession, transport, and sale of wild animals, wild plants, or parts of wild animals or plants that are legally imported into the United States or legally acquired and exported from another territory, state, possession, or political subdivision of the United States.


Subd. 9.Violations. A violation of this section is a misdemeanor.
https://www.revisor.mn.gov/statutes/?id=84.0895

https://www.revisor.mn.gov/statutes/?id=273.13

Quote:
273.13 CLASSIFICATION OF PROPERTY.

§ Subdivision 1.How classified. All real and personal property subject to a general property tax and not subject to any gross earnings or other in-lieu tax is hereby classified for purposes of taxation as provided by this section.
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Old 07-18-2016, 03:24 PM   #8
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Quote:
Originally Posted by Gloria View Post
Thanks for those. Unfortunately the first one doesn't help me because 2a/b are agricultural lands, but I'm 1a which is residential homestead. However the second one may apply if the plants were sourced legally.
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Old 07-18-2016, 03:27 PM   #9
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https://www.revisor.mn.gov/statutes/?id=273.13

Quote:
273.13 CLASSIFICATION OF PROPERTY.

§ Subdivision 1.How classified. All real and personal property subject to a general property tax and not subject to any gross earnings or other in-lieu tax is hereby classified for purposes of taxation as provided by this section
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Old 07-18-2016, 03:37 PM   #10
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Not sure why you posted that again, the link clearly shows I'm class 1a residential.
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