Unfortunately, there is little government legislation concerning the conservation of medicinal plants. Most efforts being made to protect these sensitive, threatened, or endangered species comes from private, non-profit organizations as opposed to government-implemented policies. The most prominent legislation concerning the conservation of medicinal plants in the U.S. is encompassed in the Endangered Species Act.

The Endangered Species Act (ESA), passed in 1973, was enacted to halt the rapid loss of plant and animal life as well as provide protection for threatened or endangered species. Frequently referred to as the "crown jewel" of our environmental laws, the ESA has played a hand in saving many species on the brink of extinction. However, while the ESA has been effective in preventing actual extinction by acting as a last ditch intensive care unit for those species that have been pushed to the very edge of extinction, it has been a significantly less successful tool in recovering species to the point that they are truly out of danger and no longer need the Act’s protection. Accordingly, the ESA should be strengthened, not weakened. The recently proposed Miller bill (H.R. 2351) will do just that.

Rep. George Miller, Rep. Christopher Shays, and Rep. Connie Morella have presented the Endangered Species Recovery Act (H.R. 2351). This bipartisan bill would improve the ESA by: 1) protecting imperiled species and their habitats faster; 2) promoting true species recovery rather than keeping species on the brink of extinction; 3) offering financial incentives for landowners who manage their property in a way that promotes recovery of a species; and 4) improving much needed citizen planning for local neighborhoods as well as non-federal lands. This bill is still in committee at this time and has over 100 cosponsors.

Unfortunately, anti-ESA groups, including oil and petro-chemical companies, the timber industry, and real estate developers are shelling out enormous amounts of money (nearly 75 million in recent years) to political candidates in exchange for support for the Kemthorne bill (S. 1180). This bill poses a very real threat to the ESA. The cosponsors of this bill are from the 105^th congress: Senators Dirk Kempthorne, John Chafee, and Harry Ried. Supporters of this bill say it represents a fair ‘compromise’ on the ESA. In reality, S.1180 offers no reliable recovery planning, allows for further and lengthy delays for the listings of endangered species, and allows anti-ESA industries to control policy and implementation. The Kempthorne bill (S.1180) is still in committee at this time and is receiving strong support from the Interior Secretary Bruce Babbit of the Clinton administration.

CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES

The Convention on International Trade in Endangered Species is a worldwide membership organization, whose objective is to ensure that trade will not cause extinction of any plant or animal species. At a recent meeting of CITES, the US proposal to include the threatened medicinal herb goldenseal (Hydrastis canadensis) on the organization’s Appendix II list was accepted. As with other Appendix II species commercial trade in goldenseal may continue, but it will be subject to certain regulations and will require a permit. The listing includes roots, rhizomes, rootstocks, and bulk powdered herbs. Yet, finished products will be exempt from the CITES’ trade controls. Finished products are only regulated by the Federal Trade Commission or (FTC). This exemption does little to ensure the protection of the threatened herb.

Another peril for the conservation of medicinal herbs is international treaties like CITES do not have enforcement powers on their own. It is up to the individual member nations to enforce the regulations suggested by CITES. Yet, any nation is not bound by CITES trade restrictions at all if it simply "enters a reservation" on a species. This enormous loophole in the CITES agreements slights the protection of several threatened species of plants and animals, including the medicinal plant Hydrasis canadensis. Undoubtedly regulations designed to protect endangered or threatened species should be supported, though mere trade restrictions, as most conservationists will agree, will hardly address the real issues. Inevitably such regulations will increase the market prices, thus encouraging poachers and illegal trade. In the case of goldenseal, the real problem is not the herbal medicine market, but greed - both commercial and small scale harvesters stand to make substantial amounts of money, so ethical harvesting isn't always practiced.

LEGISLATIVE SHORTCOMINGS

Where medicinal plant legislation exists at all, it tends to have flaws; namely, government agents inability to enforce limits and regulations. For example, in the middle part of our nation, the Echinacea root is being rapidly harvested and poached for very high dollar amounts (as much as $21 a pound). The root is know for its ability to fend off colds and diseases, ergo its popularity. The Coneflower E. Laevigata, which grows from the Echinacea root, is an endangered species and a crime to harvest. But it’s not exactly a high profile crime. Dayle James, Sheriff of Okmulgee County, Oklahoma says "with the prisons overflowing, I definitely am not going to put someone in jail for pulling up a weed. Besides, finding and prosecuting poachers is very difficult when all you’ve got to go on is a hole in the ground." Another legislative problem concerning plants is the Endangered Species Act does not ban collecting rare or endangered plants on private lands unless state laws specifically forbid the practice, and many states do not have such laws. This poses the threat of habitat destruction. A lot of medicinal plants grow away from protected areas of domain, and since there is no consolidated strategy for medicinal plants a lot of them just disappear without anyone knowing.

Perhaps the largest legislative obstacle for medicinal plants is the lack of attention that they receive. Over the past fifteen years, with the exception of the tropical rain forests, little attention has been paid to the loss of medicinal plant species compared to conservation concerns for animals. Even though far more plant species are at risk or threatened due to human activity, only a tiny portion of conservation dollars is devoted to plant conservation efforts. While these efforts are being made, they are widely scattered and minimal.

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