Quote:
Originally Posted by rodneynboalich
That's only if an original law was broken. Then it becomes lacey act / federal offense if any kind of border is crossed...that law doesn't apply to say exporting a species th as t is listed as injurious or invasive....and if you try and say it applies to everything then you will have to admit that the fws can restrict interstate commerce...because it says that
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It is nothing to circles with you.
1). If you don't cross a border it is not exporting is it.
And
2.) It only applies if, and this is the the BIG IF, if another federal or state laws regulates that object.
Lacey act only enforces the regulation on a federal level. It can not just adding new species at will.
I need you to understand this. I am tired of going around in circles.
The lacey act needs one thing to function.
1.) It needs the object to be regulated by the state, foreign, and federal government that is not the lacey act itself.
If there is not a law or regulation on the book for that specific object, it can not be controlled by the lacey act.
Lets do some examples.
It is illegal to own and possess pythons (larger then 8 feet) in portland oregon. Any attempt to import or export pythons in portland oregon is 100% illegal, and you can get fined under the lacey act. It is only illegal to possess in portland, but importation illegal by the lacey act.
It is legal to own and possess pythons(any size) in hillsboro oregon, 8 miles from portland oregon. You can import and export pythons into hillsboro oregon, lacy act does not apply.
You talked about zebra mussels.
Zebra mussels are controlled by the Nonindigenous Aquatic Nuisance Prevention and Control Act.
Since it is regulated by another act, importation or exportation of the mussels is illegal under the lacey act.
You can get charged under the lacey act for importing leopard geckos from the wild, because of an international ban. But it is perfectly fine to import them from europe or another state.
Once again. Lacey act requires another law or regulation. If it is not illegal to import and export from your state, you can not be charged with a lacy act violation. Which is why we have a law suit.