Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 4/7/2017 4:18:14 PM EDT
Or in other words, the appeals court slapped the USFWS and PETA.

http://usark.org/wp-content/uploads/2017/04/USARK-Lawsuit-Appeals-Mem-Op.pdf

We therefore decline to conclude that Congress, by implication, altered the meaning of the shipment clause’s terms so as to criminalize the interstate shipment of every Lacey Act species. Rather, the clause continues to mean what it has meant since its enactment: it prohibits the shipment of injurious species between the listed jurisdictions, including to and from the continental United States, but it does not speak to shipments between the 49 continental States.

* * * * *

For the foregoing reasons, we affirm the district court’s judgment and hold as a matter of law that the government lacks authority under the shipment clause to prohibit shipments of injurious species between the continental States.
View Quote
Link Posted: 5/28/2017 11:03:37 PM EDT
[#1]
Today's update has a lot of great information, including a keeper code of ethics and sample buyer agreements.

http://usark.org/2017-blog/lawsuit-update-responsible-herpetoculture-shipping-and-more/

Lawsuit Update, Responsible Herpetoculture, Shipping and More

By USARK on May 28, 2017

If you are a reptile and amphibian enthusiast who has been spending time under a rock (which actually is not too uncommon if you are a field herper), USARK was successful in quashing the overreach demonstrated by the U.S. Fish and Wildlife Service (FWS) when taking federal action to unjustly ban the interstate transportation of snake species commonly kept by reptile aficionados. The Court ruled in contradiction to the FWS interpretation of the Lacey Act. While FWS claimed that listing species as injurious banned not only the importation into the U.S., but also the interstate transportation of those species, the Court disagreed and plainly stated, “We agree with ARK.”

We filed our lawsuit in late 2013, and carried the course to a rightful ruling. There does remain our challenge on the listing the constrictor snake species as injurious, and we shall post updates as they are available.

Shipping of species listed as injurious between the continental states, including species of constrictor snakes and salamanders, can lawfully begin again this week (May 30). Note that any shipments must still abide by current state and local laws.

Before selling and shipping these species, especially the constrictor snakes, we ask that you review all the information supplied in this newsletter. While the husbandry of large constrictors is well understood and keeping them under human care is not a problem for individuals with the capacity and resources to do so, these are still species that are not suitable for novice and unprepared reptile keepers.

Keeping these snakes should not be taken lightly. Anyone keeping large constrictors should realize how large the animals may get, how much they will eat, how much they will cost to keep, how large an enclosure will be needed, how long they will live, and other all aspects of their care. Impulse buys of any animals should be prevented and avoided, for the sake of the animals, and the sake of reptile keepers everywhere. If you cannot afford or do not have the desire to provide appropriate housing, veterinary care, and all other high expenses associated with keeping these snakes, or any animal for that matter, you should not bring one into your home.

Also, please be aware of the market for these large snakes, and respect that it has not magically multiplied. There will always be a limited market for these species comprised of dedicated keepers. It is our responsibility to self-police and present ourselves as a professional community. We must do our best to educate prospective buyers and be sure they are willing to humanely care for these animals their entire lives.


USARK has prevailed and we did it for all the responsible keepers who unjustly lost their freedom to continue appreciating these animals. Despite the naysayers, detractors, and even grossly over-funded and fraudulent animal rights groups all fighting against us, we got it done and earned the principled ruling from the Court. Now it is up to the herpetocultural community to behave admirably and responsibly.

We appreciate the support of those who made this possible over the last four years, and look forward to witnessing the continued professional conduct we know triumphs in our community. Thank you, Reptile Nation!
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top