Thread: Ban lawsuit?

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Old 12th May 2016   #6 (permalink)
FrogEyes
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Default Re: Ban lawsuit?

Quote:
Originally Posted by Rupert View Post
But for some reason USFWS stilll can and will punish people for interstate transportation of said injurious species, right?
Well, in fact they never have. Lacey Act was intended to be enforced by state agencies. USFWS doesn't have the ability, for the most part to enforce away from borders/ports of entry, unless there's some kind of extensive paper trail for them to latch onto. In any case though, they can't 'punish' anyone. That's for the courts to do. Such a case has never been before the courts, and that might be partly because the law doesn't say what USFWS wants it to say. Logically, if the law doesn't agree with what you want it to, do you REALLY want to take someone to court and have your position PROVEN wrong? Probably not. Better to intimidate people into following your "rules", than to try and prove your case. There is very little ability to enforce their view regarding "shipping", and much less regarding personal transport [roughly zero, in my view]. I think what's really needed is for someone to force them into the courtroom. A lawsuit takes forever, especially if the courts have any reason to reject the case [they do, where USARK is concerned]. A "prosecution" probably happens faster, and if you read the law, the arguments for its original legislation, and congressional commentary for it, there's virtually nothing in USFWS favor.

As for current progress - I don't think so. There hasn't even been time to evaluate all the comments for the "interim" rule.
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