USARK & Reptile Nation Save 5 of 9 species from FWS Constrictor Rule! - FaunaClassifieds
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General Legislative Discussions Any general discussion concerning legislative issues or events. Not necessarily specific to a particular region, or even a type of animal group.

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Old 01-17-2012, 09:56 AM   #1
USARK.Jonathan.Brady
USARK & Reptile Nation Save 5 of 9 species from FWS Constrictor Rule!

USARK & Reptile Nation Save 5 of 9 species from FWS Constrictor Rule!
This morning a joint press conference was held by Senator Bill Nelson of Florida, Interior Dept Director, Ken Salazar; and US Fish & Wildlife Service Director Dan Ashe at Everglades National Park (ENP) to make an Everglades conservation and preservation announcement. It was made public that a final rule would be enacted by FWS potentially restricting trade in 9 constricting snakes. Although there had been no word from FWS or White House oversight officials prior to the press conference, Andrew Wyatt CEO USARK, learned of a “rumor” on the “HILL” that there would be an announcement regarding the Constrictor Listing; a listing of 9 constricting snakes to the Injurious Wildlife list of the Lacey Act. This is an action that could destroy $104 million per year in small business while potentially making more than 1 million Americans into Lacey Act felons. This action has now come to pass; albeit in a more limited fashion than was pushed by FWS and the powerful environmental and animal rights lobby.

As of now the Constrictor Rule, when enacted, will BAN the IMPORT and INTERSTATE TRANSPORT of the following 4 species: Burmese python, Northern African python, Southern African python and yellow anaconda.

USARK will be making further announcements regarding potential legal remedy to the flagrant disregard for “science”, due process, or information quality standards by FWS and the Obama Administration. This is a clear example of policy being based on staff preference combined with political considerations, rather than clear science and due process. The FWS failed at every level to make a solid case for justifying a Lacey Act listing. How the White House can justify this train wreck of a rule to pass is a mystery. In the opinion of USARK the actions of FWS are arbitrary, capricious and unlawful. That is not a charge that is unfamiliar to FWS. In 2010 FWS scientists were found guilty of falsifying information to manufacture science to support a rule on the Delta Smelt in the Central Valley of California. FWS was found guilty of being “arbitrary, capricious and unlawful" in their effort to add the controversial fish to the Endangered Species Act. USARK will pursue available legal remedy to this travesty of justice and blatant misuse of the Lacey Act. The Lacey Act was the wrong tool for the wrong reason.
 
Old 01-17-2012, 11:55 AM   #2
SPJ
They are going to ban burms, rocks and yellow condas?

What made them decide to drop retics and green condas?
 
Old 01-17-2012, 12:11 PM   #3
Lucille
Quote:
Originally Posted by USARK.Jonathan.Brady View Post

As of now

USARK will be making further announcements regarding potential legal remedy
Would like to hear here about your proposed remedies to the constrictor rule.
 
Old 01-17-2012, 01:37 PM   #4
rodneynboalich
i would like to know how 5 of the listed snakes were taken off and what will be the result of doing so. namely will it make it easier to fight the ban on the other 4 or will it make it harder to do so.
 
Old 01-17-2012, 01:50 PM   #5
SPJ
Quote:
Originally Posted by USARK.Jonathan.Brady View Post
USARK will be making further announcements regarding potential legal remedy
What remedy?
You can no longer sell these animals or even take them with you if you move to another state.
Is the government going to pay up for screwing over thousands of people?
 
Old 01-17-2012, 02:12 PM   #6
rodneynboalich
im not here to fight but i would like to know what direction usark plans to take the fight, and im sure im not the only one that wants to know (now). even though retics are not listed or are said not to be listed i am still outraged by the ban and im even more outraged that usark has the audacity to claim a 5 out 9 victory, as if anything was won.

now with that said whats the plan.

usark said it would file lawsuits.

will usark keep its word and fight this ban in a court of law?

i know i have said a lot of bad things about usark, but at the same time i have admitted that right now they are the only organization fighting for the industry, even know i dont agree with some of the things they are doing.

i feel usark will take a huge blow because of this, and do to the lake of openness in usarks in decision making processes will add some accessibility to the doubt.

so what is the next step and what are the means to win
 
Old 01-17-2012, 02:13 PM   #7
rodneynboalich
i have a recommendation for usark. if usark is willing to hear other peoples opinoins. not sure if andrews head has become so big from being full of hes own ideas that he can take in someone elses, but here we go

i recommend removing gary bagnall from usark. he bought his way into the organization with his $100,000 donation and i believe he is looking to protect himself in all this. it is rumored that he is for the big snake ban. i believe his stand on the matter is that big snakes are a pariah in the industry. and i think that a guy that makes a living selling the all important hot rocks and gecko cages would have little to lose if big snakes are ban. like todays news, it will affect him little.

ive said before that i believe that usark is a special interest lobbying group masquerading as an organization representing the whole industry and with someone like gary so heavily involved i think it corroborates my opinion.


a lot of people have told me that attacking usark the way i am is counter productive. but something else that is even more counter productive is blind faith. and blind faith is what people have had in usark. they have supported you without question. even when you tell them you wrote legislation for their states they still didnt question you, but i did.

they believe you when you say model legislation is the way to go to avoid an out right ban. its the way to go to keep your animals and keep the government out of your life. how many people will believe that after today? and i know how you will try to spin it. you will try to tell everyone that this happened because we didnt already have your model legislation in place, and how will people be able to argue that. they cant prove one way or another when it comes to what if's and what mite have been.

usark stated that it will file lawsuits if out right ban are passed. but i dont know if i believe that usark will really fight this that hard, and heres why.

1 you have people like gary bagnall as your largest contributor working on your board and we know hes not pro big snakes.

2 your willingness to compromise. your willing to compromise when it comes to state regulations and your willingness to compromise with the big snake ban that just passed.
usark, you are acting like it was a victory. right heres the link to your facebook page http://www.facebook.com/pages/USARK-...rs/93475517723

and heres the head line.
USARK SAVES 5 of 9 species of Constrictor! Retics, Boas, and 3 anacondas will NOT be listed!!! FWS had to lie and cheat to get Burms, africans and yellow anaconda!


i really hope usark proves me wrong on this and gos put an fights this.

after today the blind faith people had in usark ,for the most part, is gone.

usark will have to answer to the industry more now then it ever did before.

if usark wants people to really believe in them they will have to stop sending out so many email telling you what reptile show andrew will be parading around at ( all on usark supporters dime) asking for money and free animals to auction off and start sending out informative emails letting people know what the real issues are and what usark is doing about it.

and by the way stop writing model legislation for other peoples states without first consulting the people the legislation will affect.
 
Old 01-17-2012, 02:26 PM   #8
rodneynboalich
Quote:
Originally Posted by SPJ View Post
They are going to ban burms, rocks and yellow condas?

What made them decide to drop retics and green condas?
i think this is a great question. how did they decide to drop greens but keep yellows. and why in the world is natalensis on the list i dont even know anyone who owns one. and i think they arnt being exported to begin with.
 
Old 01-17-2012, 03:54 PM   #9
rodneynboalich
was usark going to say something or just ignore everyone. they must be busy putting together an email asking for more money so they can do some more compromises
 
Old 01-17-2012, 04:22 PM   #10
SirenSanJose
Quote:
Originally Posted by SPJ View Post
What remedy?
You can no longer sell these animals or even take them with you if you move to another state.
Is the government going to pay up for screwing over thousands of people?
I would assume the next step is to challenge the law itself and try to get it struck down.
 

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