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Old 24th June 2017   #32 (permalink)
John Clare
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Default Re: USARK Lawsuit-THE BAN IS OVER

Update and clarification for anyone still concerned:
  • The deadline passed at the beginning of June 2017 for USFWS to appeal the District Court of Appeals ruling that they couldn't apply the Lacey Act to restricting interstate transport of newts and salamanders (or any animal for that matter).
  • With the exception of offshore states, protectorates and the District of Columbia (Washington DC), you can ship and receive newt and salamander species that USFWS had tried to prohibit. Legally, you always could because the USFWS was misapplying the Lacey Act, but the District Court of Appeals ruling made that official.
  • The importation to the US of the prohibited species is still prohibited. This means that if a species isn't currently in the US then you are out of luck unless the USFWS rule changes in the future.
  • It seems likely that USFWS will try to get US politicians to implement a new law to allow the original ban to go into place. This process will take time, if it happens at all, but plan accordingly.
  • It is worth noting that this disease (Bsal) has yet to be found in the hobby or the trade in the USA. In fact it is only known to occur in the research groups who imported it for study, some of whom were directly lobbying for the ban. Sad irony.
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Last edited by Otterwoman; 25th June 2017 at 09:26. Reason: Updated to include info on future law
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