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FrogEyes
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Default Re: USARK Lawsuit

The Appeals Court found decidedly in favor of USARK; specifically, the Lacey Act does NOT prohibit interstate shipment of "injurious species", except between those states, territories, and possessions actually listed in the Act...which is what I've been arguing for ages :>

Basically, you can't import injurious species, ship them to Puerto Rico, Hawai'i, Guam, USVI, DC, or into the 49 continental states from elsewhere...but you CAN move them freely between any of the 49 continental states [stay out of DC though]. This ruling was based on the python injunction, but is a finding as to the meaning of the section of the Lacey Act which USFWS has for years treated falsely as a prohibition on interstate movements. It applies equally to salamanders, brown tree snakes, zebra mussels, and giant snakes. However, one must still be in accord with state and foreign laws to avoid violating section 16. Tree snakes and mussels are subject to other restrictions.

In short, the court finds that you can ship injurious species [salamanders and giant snakes] freely between any of the 49 continental states in which they are legal to possess. In addition, you can import and ship eggs anywhere that they are legal, including Hawai'i, DC, PR, etc.

http://usark.org/wp-content/uploads/...als-Mem-Op.pdf
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