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Laws/Legality and Ethics Discussion of the laws affecting herpetology around the world. Species legalities in different jurisdictions, import/export of animals, the legalities of species collection and the ethical considerations of all of the above.

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Old 7th April 2017   #1
Jacob Bidinger
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Default USARK Lawsuit-THE BAN IS OVER

It's 22 pages worth the read. They have not been removed from the Injurious Species List, just to be clear.

"For the foregoing reasons, we affirm the district courtís
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"


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



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Old 7th April 2017   #2
Nathan KS
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Default Re: USARK Lawsuit

Thanks for posting this!



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Old 8th April 2017   #3
Michael Shrom
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Default Re: USARK Lawsuit

Are they trying to push me over the edge? What exactly does it mean?



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Old 8th April 2017   #4
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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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Old 8th April 2017   #5
Otterwoman
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Default Re: USARK Lawsuit

I can't believe this!! I want to throw a party!!
I'm sending US ARK a fat donation!!
addendum: I did, I sent them a hundred bucks and a thank you note!!



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Last edited by Otterwoman; 10th April 2017 at 00:47.
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Old 8th April 2017   #6
Xavier
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Default Re: USARK Lawsuit-THE BAN IS OVER

Ahh, this was very good to hear, especially with how busy I've been recently. Thanks for the info!



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Old 10th April 2017   #7
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Default Re: USARK Lawsuit

The nightmare is over! Lol! I`m glad to see some damn common sense being used for once when it comes to regulations in the herp hobby. This was just low-hanging fruit for the anti-pet and PETA lobbies to destroy and trot around and go "Look how much we did for the cause! Please donate so we can take away for rights from these people." All of them that did this can go pound sand! I`d like to say other words but this is a family friendly site. lol.
USARK did good, I need to give a big fat donation as soon as I have the money!
FrogEyes was always right on the money with this.
So lets get to expanding our hobby.
Josh



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Old 8th April 2017   #8
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Default Re: USARK Lawsuit-THE BAN IS OVER

Does anyone know what this section on the USARK website means?


There are still steps in the process before those without USARK verification letters should be shipping species which are part of the injunction, or any other species listed as injurious.



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Old 9th April 2017   #9
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Default

Awesome! Who's sending me newts just to be sure?


Sent from my iPhone using Tapatalk



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Old 9th April 2017   #10
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Default Re: USARK Lawsuit-THE BAN IS OVER

Consensus is twofold.
1. It has to do with snakes.
2. We did not need letters from US Ark to ship before the ban, we do not need them now. THe only thing that stopped us was the ban which has been voided. Ship away
3. It says "should" not "must." [I can't count. ask me how many salamanders I have. "A mess of them."]

Quote:
Originally Posted by rijnbrand View Post
Does anyone know what this section on the USARK website means?

There are still steps in the process before those without USARK verification letters should be shipping species which are part of the injunction, or any other species listed as injurious.



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Old 9th April 2017   #11
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Default Re: USARK Lawsuit-THE BAN IS OVER

This is awesome guys! Now I shouldn't have a problem getting pyrroghasters woohoo!



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Old 10th April 2017   #12
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Default Re: USARK Lawsuit-THE BAN IS OVER

When can people start shipping?



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Old 11th April 2017   #13
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Default Re: USARK Lawsuit-THE BAN IS OVER

Quote:
Originally Posted by greenwood09 View Post
When can people start shipping?
Start shipping.



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Old 11th April 2017   #14
Michael Shrom
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Default Re: USARK Lawsuit-THE BAN IS OVER

USARK advises against shipping at this time.

In addition, and as a general matter, a court will stay its order until the time has lapsed for the government to file an appeal or seek reconsideration of a decision. In the interim, our legal team advises that USARK members postpone any shipments or other related business decisions until the lower courtís order is lifted and the ruling is broadly applied. USARK will provide updates on these concerns.

We should mention, however, that requests for a rehearing and petitions for appeal to the Supreme Court are rarely granted. Further, this was a unanimous decision by a three-judge panel that affirmed the decision of the trial court judge. Chances of a successful appeal, or the government appealing at all, appear very remote.

While the Court has stated their ruling quite bluntly, we do ask that the Reptile Nation await the final go-ahead from USARK before shipping species listed as injurious.



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Old 11th April 2017   #15
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Default Re: USARK Lawsuit-THE BAN IS OVER

Kudos to the USARK legal team!!!!!! Would love to be a fly on the wall at USFWS right now!



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Old 11th April 2017   #16
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Default Re: USARK Lawsuit-THE BAN IS OVER

This is great news, its good to know that we can still fight and win for whats right.



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Old 5th March 2019   #17
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Default Re: USARK Lawsuit-THE BAN IS OVER

This is fantastic. When do you think the pet trade will recover and reflect this? Does anyone know where I can purchase female fire belly newts? I have two males- theyíve been with us for 14 years. Had a female but she died a few years ago. Iíd love to add two females as long as itís legsl again!



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Old 8th March 2019   #18
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Default Re: USARK Lawsuit-THE BAN IS OVER

The pet trade was dependant upon imports of wild specimens from Asia. I think it's unlikely that the combination of mass imports, low prices, a quarantine and treatment regime being emplaced, and a suitable legal change, will ever occur again. Best you might hope for is the last two things to change, in which case limited numbers of more expensive imports might be possible, either WC or CB.



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