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Lacey act reversal

Exotic legal issues, bans, laws, regulations, Animal Rights discussions etc.

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naja-naja
Posts: 273
Joined: Thu Apr 05, 2012 2:34 pm

Lacey act reversal

Postby naja-naja » Fri Apr 07, 2017 7:16 pm

The court of appeals ruled that the lacey act cannot apply to interstate trade of listed species. this means that burmese pythons, african rock pythons, yellow anacondas, reticulated pythons and green anacondas as well as the other species listed, can no be traded between states in the continental US. They are still listed so import into the US and trade with hawaii is still banned (hawaii bans keeping them anyway) all state laws still apply, but the federal injunction that applied to retics and green anacondas (they were still allowed to be shipped between states but prohibited from import into texas or florida) is lifted also so trade into texas and florida will be allowed also (state laws permitting)
This is a great day for the large constrictor community and the reptile/exotics community as a whole.
1.4 burmese pythons
0.1 indian pythons
0.1 boa constrictors
1.1 macklott's pythons
1.2 reticulated pythons
0.1 blue tegu
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TamanduaGirl
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Posts: 10340
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Location: Oregon, USA
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Re: Lacey act reversal

Postby TamanduaGirl » Fri Apr 07, 2017 7:53 pm

YAY. Now they need to do that with the endangered species act. If they are going to stop exotic ones from coming in okay but no reason to stop the trade of ones already here.
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KingObeat
Posts: 151
Joined: Thu Jan 09, 2014 4:04 am
Location: Eugene, OR

Re: Lacey act reversal

Postby KingObeat » Sun Apr 09, 2017 8:14 pm

Great. Most people don't understand the reptile hobby, or don't take it seriously. So I was really worried that the Court was gonna side with the Fish and Game. Here's what USARK said:

Washington DC— April 7, 2017. The United States Court of Appeals, District of Columbia Circuit in the case of the United States Association of Reptile Keepers v. Ryan Zinke, Secretary of The Interior and U.S. Fish and Wildlife Service, Humane Society of the United States and Center for Biological Diversity, ruled in favor of USARK on the question of Lacey Act authority to prohibit interstate transport of species listed as “injurious” under the Lacey Act. The court held that, “the government lacks authority under the shipment clause to prohibit shipments of injurious species between the ‘continental’ States." What does all of this mean?
The way has now been cleared to legally resume trade of the Burmese python, North African python, South African python, reticulated python, DeSchauensee’s anaconda, Beni anaconda, green anaconda and yellow anaconda within the “continental United States.” However, it appears that injurious species cannot be transported into the District of Columbia. The shipment clause specifically references the “continental United States,” “Hawaii,” the “Commonwealth of Puerto Rico,” and “any possession of the United States”, and the “District of Columbia” as distinct designations. In the court’s opinion the “District of Columbia” is an expressly separate designation from the “continental United States,” and specifically identified as prohibited in the shipment clause. In conclusion, it appears that there will be no legal transport into Washington, DC without the appropriate permits.

"Congress defined the phrase “continental United States” in a statute enacted by the same Congress in the year before the 1960 addition of the shipment clause. See Pub. L. No. 86-70, § 48, 73 Stat. 141, 154 (1959); see also 1 U.S.C. § 1 note. Under that definition, “[w]henever the phrase ‘continental United States’ is used in any law of the United States enacted after the date of the enactment of this Act, it shall mean the 49 States on the North American Continent and the District of Columbia, unless otherwise expressly provided.”

Keep in mind that all nine constrictor snakes continue to be listed as injurious under the Lacey Act. Export and interstate transport are allowed. However import without a special permit is a felony and strictly prohibited. Violations can carry heavy fines and prison time.

Categorical Exclusion: CatX
Additionally, in 2015, in an unprecedented move, the U.S. Fish and Wildlife Service empowered itself to shortcut the rule making process under the Lacey Act in order to more easily declare injurious wildlife listings, making way for mass listing of species. Known as CatX, this rule has negatively impacted herpetoculture, and the pet trade by removing scientific justification from the listing process. This led to the listing of 201 salamander species in 2016, prohibiting the import and interstate trade of captive bred specimens. However, the ruling by the court on the authority of the Lacey Act to prohibit interstate transport now opens the way to resume trade of listed captive bred salamander species in the continental U.S., removing CatX’s teeth as a blunt force instrument to prohibit captive breeding programs on American soil. Listed species may be exported. However import without permit is a felony.

The bottom line is that CatX and the Python Ban now prohibit import only, and the Court’s Ruling has effectively clipped the wings of the radical animal rights industry seeking to use the Lacey Act to interfere with captive breeding programs in this country.
HumaneWatch
http://www.humanewatch.org/

United States Association of Reptile Keepers
http://usark.org/

Protect the Harvest
http://protecttheharvest.com/
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Peacefulward
Posts: 579
Joined: Sun Apr 03, 2016 4:59 pm
Location: North Carolina

Re: Lacey act reversal

Postby Peacefulward » Thu Apr 13, 2017 9:04 pm

Awesome! About time the reptile community has a win.
5 Dogs, 2 cats, 2 leopard geckos, 1 guinea pig, 1 axolotl, and a coatimundi currently in my family. :)

Exotic "wishlist": red fox, arctic fox, gray fox, bat eared fox, fennec fox, mink, muntjac deer, owl (any species).

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