USARK Legal Action Against 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 06-19-2012, 10:54 AM   #1
EricWI
USARK Legal Action Against FWS Constrictor Rule

Approximately three months have passed since U.S. Fish & Wildlife Service (FWS) took the unprecedented action of adding four constricting snakes to the Injurious Wildlife list of the Lacey Act. Never before have animals widely held by the American public been listed. Originally FWS suggested the addition of all of Boa, Python and Eunectes. The list was whittled down to nine constricting snakes after the highly controversial “Risk Assessment” was published by Gordon Rodda and Robert Reed of the U.S. Geological Survey (USGS). The final rule was announced in January 2012. USARK was able to block five of the nine proposed snakes by taking dynamic action against the rule. Never before had a Injurious Wildlife listing been challenged or blocked. Nevertheless, the final rule was enacted March 23rd 2012 with four constricting snakes.

From the very beginning of this process USARK has been very careful to lay the groundwork and establish the public record that would afford us the ability to take legal action if necessary. Scientists from all over the world have criticized the sloppy and speculative work used by FWS to justify Lacey Act listing. In 2010 USARK filed a formal challenge of the USGS “Risk Assessment” under the Information Quality Act. In 2011 Georgetown Economic Services (GES) published “The Modern Reptile Industry”, an independent and comprehensive economic survey that included the impact that a Lacey Act listing was likely to have on legitimate business interests. The GES report demonstrated how the listing could impact as much as $104 million in trade annually. USARK built a clear and convincing case that FWS was potentially arbitrary and capricious in their zeal for a listing.

USARK and its counsel are carefully reviewing their legal options for addressing the U.S. Fish and Wildlife Service’s unwarranted listing of four constricting snakes, including Burmese pythons, on the Lacey Act’s Injurious Wildlife list. We believe the listing decision was precipitous, unsupported by the best available science, and poor policy. USARK is also concerned about the five other species of snakes, including Boa constrictor, that FWS has deferred addressing.

We believe FWS has exceeded its Lacey Act authority in terms of the breadth of the restrictions placed on the four listed species. The organization will continue to develop its legal theories and develop a plan for addressing the industry’s legitimate concerns with the proposed and final rules.

These legal maneuvers are not inexpensive, and will be even more costly if it is necessary to file a federal lawsuit. Our goal is to raise $250,000 between now and the end of the year. This is only a start. If we file a lawsuit it could easily require twice that amount. FWS doesn’t think that the Reptile Nation is capable of fielding a serious legal challenge to their arbitrary Lacey Act listing. They don’t think we can raise the money. We have waited until our legal team gave us the word that they felt we have a strong and clear course of action to follow. Now is the time for the Reptile Nation to stand up and take back what is ours!

Please use PayPal to donation@usark.org. Please put “LAW” in the comment or note area; or you can mail a check to: USARK, PO Box 279, Grandy, NC 27939. Please put “LAW” in the memo line.
 
Old 06-20-2012, 01:28 PM   #2
Jay Sommers Reptiles
Am I missing something here? I have seen this post in a few places now. It looks like an announcement of legal action by USARK. I don't see anything at all resembling any form of legal action in this post. Just solicitation for money so that "if" they decide to do anything they will have it maybe.
 
Old 06-20-2012, 01:43 PM   #3
AbsoluteApril
it's announcing how to donate specifically for the legal fund. I'm glad they sent the alert, I had donated and wanted it to be for the lawsuit but now we have a way to 'mark' the donations specifically for that use. (wish they announced this 2 months ago! haah)

They cannot actually file the lawsuit until they have raised the funds...
 
Old 07-30-2012, 11:29 PM   #4
adder
I wish USARK all the best and have given them a lot of support, but must say I see serious tactical errors in their approach, including a total failure to identify the source of the problem.
All the best
 
Old 08-11-2012, 06:04 PM   #5
Crypt keeper
Quote:
Originally Posted by AbsoluteApril View Post
it's announcing how to donate specifically for the legal fund. I'm glad they sent the alert, I had donated and wanted it to be for the lawsuit but now we have a way to 'mark' the donations specifically for that use. (wish they announced this 2 months ago! haah)

They cannot actually file the lawsuit until they have raised the funds...
"Our goal is to raise $250,000 between now and the end of the year. This is only a start. If we file a lawsuit it could easily require twice that amount. FWS doesn’t think that the Reptile Nation is capable of fielding a serious legal challenge to their arbitrary Lacey Act listing."

read that very very very carefully a few times and let me know exactly what you get out of it.

It clear as day states they want $250K to decide IF they are going to move forward with a lawsuit. If they dont move forward are they going to return that $250k? Where is the $250K going.


Now, if the $250K shows them they can file a lawsuit why would they $500,000. Who needs 3/4 of a million dollars to file a lawsuit?
 
Old 08-11-2012, 06:55 PM   #6
Shadera
Quote:
Originally Posted by Crypt keeper View Post
If they dont move forward are they going to return that $250k?
My guess would be no. I sent several hundred dollars right after they first announced it, and then later asked if they could give a public update somewhere as to how close we might be, so we could start some donations drives and get people pumped up.

As usual, no response. I'm very disappointed in how they just ignore people if it's not a question they feel like they have to answer. I guess it'll come out in the tax records for the next couple years.
 
Old 08-11-2012, 07:15 PM   #7
AbsoluteApril
my local herp club recently had a benefit auction for USARK (we raised over $4k for the legal fund) and at the club, our leader said that USARK hasn't really gotten close yet and was somewhere around $20k? I don't have a source for that other than what he said at the meeting.
 
Old 08-11-2012, 07:24 PM   #8
Lucille
If they are going to all of us rather than to a big fancy corporation for donations, they need to be transparent about finances and they need to hire or appoint someone who will give updates and answer questions.

Money is tight for everyone right now. It's not like the old days when there was spare cash floating around.

None of us should be expected, or guilted into, parting with money without being able to see how it is spent.

We've seen good guys go bad, we've seen good companies go bad, it doesn't take that much extra effort to put together updates to make sure our money is going to guys who are still

1)Good and
2) Fighting for us.
 
Old 08-11-2012, 07:30 PM   #9
Shadera
Thanks for the info, April. Do you happen to know offhand if ZooMed is still matching dollar for dollar? That was another one I asked that went unanswered.
 
Old 08-11-2012, 07:33 PM   #10
AbsoluteApril
I don't know but I'll ask if he was told
 

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