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PeterIMA

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Man arrested on way to Orlando for smuggling coral
ASSOCIATED PRESS • February 13, 2009
Gunther Wenzek, owner of a company called Cora Pet in Essen, Germany, was arrested Wednesday at Dulles International Airport on his way to the Global Pet Expo in Orlando. He was arraigned Friday in federal court in Alexandria.
The indictment alleges that Wenzek tried to smuggle the coral through the port in Portland, Ore.
The coral allegedly came from the Philippines, which bans all coral exports. Federal laws ban importation of wildlife harvested in violation of foreign laws.


German national accused of smuggling endangered coral
Customs officials say the shipment, label as other items, was headed for Woodburn
Saturday, February 14, 2009
BRYAN DENSON
The Oregonian Staff
Something smelled fishy at the Port of Portland.
A federal customs inspector caught a whiff of ocean emanating from a shipping container one day in 2007 and looked inside. A manifest listed the cargo -- shipped from the Philippines to a Woodburn aquarium supply business -- as rock, broken gravel and coral sand. But it looked more like chunks of coral.
Customs officials sent the container back to the Philippines, saying it wasn't properly fumigated. But they kept one bag for examination by the U.S. Fish and Wildlife Service, which found it not only held coral, but endangered coral from the Philippines -- a product banned for export since 1977.
Thus began an international smuggling case culminating in this week's arrest of Gunther Wenzek, the 66-year-old owner of Cora Pet in Essen, Germany.
Wenzek appeared in federal court in Alexandria, Va., on Friday on a nine-count indictment that accuses the German national of smuggling; violating the Lacey Act, which prevents the import of wildlife in violation of any foreign or domestic laws; and violating the Endangered Species Act.
"We will not allow criminals to profit from the illegal devastation of the world's coral reefs," Oregon's U.S. attorney, Karin Immergut, said in a written statement. "We will scour the globe for those responsible for this devastation and bring them to justice."
Experts say the looting of coral reefs has serious consequences for fish and invertebrates, which nurse, feed and hide in them. Reefs also act as breakwaters, protecting coastal communities against dangerous storms and surging seas.
After Wenzek's 2007 shipment of coral fragments failed to reach the Woodburn aquarium supplier, he instructed the Oregon importer to hide the nature of his next shipment, the indictment alleges. The importer, unnamed by the government, was told to use tariff numbers identifying the cargo as limestone products.
Two shipments reached the Port of Portland last spring, 40 tons of endangered stony corals. The fragments were hard and bony white, many as big as a man's thumb.
Federal agents seized the coral and identified it from the scientific order Scleractinia, common to the coastal reefs of the Philippines. International law forbids export of the corals, which face extinction.
A federal grand jury in Portland indicted Wenzek last summer, but authorities here had no way of getting him back to the U.S. Germany does not extradite its citizens to face criminal charges in the U.S.
Agents had to wait for a chance to arrest Wenzek outside Germany. Just before Christmas, a television Web site in the Philippines published a story saying the Asian nation was cooperating with U.S. authorities to help nab a German national, unnamed, who had smuggled coral.
Agents learned that Wenzek planned to attend the Global Pet Expo, which ends a three-day run today in Orlando, Fla., and were planning to put him in cuffs there.
They arrested him Wednesday evening at Washington Dulles International Airport.
Bryan Denson: 503-294-7614; [email protected]
 
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Anonymous

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GreshamH":21y47bot said:
Jadefox":21y47bot said:
Speaking of secret suppliers, "Gunther Wenzek, a German national, was arraigned today in U.S. District Court in Alexandria, Va., on a nine count indictment charging him with three felony counts of smuggling protected coral into the United States port of Portland, Ore., three felony counts of violating the Lacey Act and three misdemeanor charges of violating the Endangered Species Act, the Justice Department announced. Wenzek appeared today [Friday 13 Feb. 2009] before U.S. Magistrate Judge T. Rawles Jones, Jr. of the Eastern District of Virginia."

Full release: http://news.prnewswire.com/DisplayRelea ... 313&EDATE=

Calcium reactor media, not live coral (just to be clear) :)



http://www.oregonlive.com/news/orego...930.xml&coll=7

http://www.reefs.org/phpBB2/viewtopic.p ... c&start=20

All ready posted :)
 
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Anonymous

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Does it matter since it's dead rock we're talking about (reactor media)? most likely digitatas and porites as most calcium reactor media of size looks like those two :) The DOJ release said porites IIRC>
 

dizzy

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But they kept one bag for examination by the U.S. Fish and Wildlife Service, which found it not only held coral, but endangered coral from the Philippines -- a product banned for export since 1977.

I guess the claim about endangered coral is what peaked my interest.
 

PeterIMA

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If I understand Gresham, he stated this was all dead coral. Why would one smuggle this from the Philippines, when it could have been imported legally from another country?

Peter
 
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Anonymous

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It's not so easy to import Peter. The rules really aren't super clear and things like twigs/dirt within the rock can be a real hassle with the USDA ;) I know of many sieved shipments and most of them tried to do it legally.
 
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From what I understood from Gresham's linked article, he asked the US importer to claim it as limestone product, but seems like it was fresh out of the water which would make it "live" when it left PI.
 
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I guess the issue at heart is PI allows for no coral export and this fit the bill as coral in both BFAR and US F&W S eyes. It's a Lacey Act issue.
 
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Anonymous

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It's illegal to harvest any coral in PI and thus illegal to ship out and also illegal to import in the US under the Lacey Act.
 

PeterIMA

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Gresham, I believe you stated that most of this was sand and coral rubble taken off of Philippines beaches. If it wasn't you, it was Ferdinand Cruz.

When I read the postings from several websites, it implies that thes were dried corals (presumably ripped off of pristine reefs). Needless to say, the publicity is harmful to the reputation of the aquarium trade (even for those not involved).

I am also curious about how any of these corals became "Threatened and Endangered Species"? What makes some corals illegal under CITES and others Thraatened and Endangered? If it is listed under IUCN Red LIst (as Threatened and Endangered) does it automatically become
listed under CITES? I believe most corals are listed under CITES Appendix II and hence need CITES permits from the exporting country. Are there any corals listed under CITES Appendix I (no trade allowed)?

Another issue raised under NOAA Coral List was what was the Philippines government doing while this was going on? I understand that BFAR has been cooperating with the USFWS officials seeking to prosecute under the Lacey Act.

In any event, coral rubble is still illegal in both PI and the USA as it is illegal to export any coral from the Philippines.

I would be interested in receiving comments.

Peter
 

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