UPS, FedEx, Airborne Express, USPS - bad guys.

AHH Last name is McKenna like my name here and they never asked for email address but this is one Im registered under is S_H_Exotics@hotmail.com at Fedex

TOm,
I am talking about Dowana's last name and email, I know yours!
read my posts again.........LOL!

I have been shipping with FedEx for many years, with their knowledge and consent of what I ship and how I do it. Sometimes I use styros marked "live harmless reptiles" or "tropical fish" and sometimes they say "perishible" that is due to what is available to me at the time as I'm not some huge volume business that can go to the expense to have styros printed up for me like some people do.

I will say this though, it is not a Lacey act violation to ship via FedEx. That is not possible. The Lacey act does not apply to shipping or how things are shipped, but rather it specifically applies to the transproting of animals accross state lines illegally or in the commission of another illegal activity with said animals like poaching or smuggling endangered species. Since the Lacey act cannot apply to a ball python how can I violate it if I ship a ball python? It may violate IOTA regulations (the regulations that state how things must be packaged and labeled for shipping by the government) or some other shipping regulation, but those restrictions and guidelines only apply to commercial airlines and the fact that FedEx is freight only and flies it's own fleet would exempt you from that as well. As far as decisions go, there may be some to be made, but just as nobody else would, I do not want or need anyone else to decide that due to their frustrations with their situation, I can no longer do business as I do. Evan Stahl

Evan,

You should go read the Lacey Act in its entirety. It is a clear violation of the Lacey Act if the package you are shipping is not clearly marked in accordance. It does not matter which carrier is used, the boxes still must be marked properly identifying the contents and if they are mismarked (i.e. Perishables) this is a violation. If you read it and still have questions all you have to do it pick up the phone, contact USF&W in D.C. and ask them to clarify it for you and they will be glad to let you know exactly what can and can not be marked on the package. The markings of Live animals (Harmless or Venomous), Quantity, Species names(s), and Common name(s) are supposed to be on the box. Also I.A.T.A. regulations are supposed to be followed as well in regards to the packaging of the box. Below is a link to the full act and a few excerpts from it regarding this.

(b) Marking offenses

It is unlawful for any person to import, export, or transport in interstate commerce any container or package containing any fish or wildlife unless the container or package has previously been plainly marked, labeled, or tagged in accordance with the regulations issued pursuant to paragraph (2) of section 3376(a) of this title.

(c) Sale and purchase of guiding and outfitting services and invalid licenses and permits

(d) False labeling offenses

It is unlawful for any person to make or submit any false record, account, or label for, or any false identification of, any fish, wildlife, or plant which has been, or is intended to be--

(1) imported, exported, transported, sold, purchased, or received from any foreign country; or

(2) transported in interstate or foreign commerce



http://www.animallaw.info/statutes/stusfd16usca3371.htm

well, this is where I stand.
I got a call back from a guy by the name of Mark Bakkey. Told him my situation eh then said he was going to call a Lydia and the two of them would call me back (so no I never heard from Dowana). He calls me back and says that Lydia said to call James Brown and tell him Lydia said to call.
I spoke with him, told him my situation. He said that "wavers" are only set up for retail to retail shipping. I said that I was not a retail outlet (no storefront so to speak). I said there is not difference between me shipping from my home or a store. Same packaging, same rules from them.
He said the best thing to do is call back the regular FedEx number (1-800-GOFEDEX) and ask for a Acct. Rep. (for my area) to call me back. I have done so and now I suppose I will go through the same crap with that person.
In other words, it sounds like their hopes are that I will get tired of talking to all these people and just give up..........NOT!!!! That will not happen.
I am posting this info so you all can take them same steps as me OR just go straight to the Acct. Rep. Like I said, if we want to get this done, we need to do something about it and call in great numbers.
Update to come............

Don't give up I got same BS run around but I got mine!

I tought it was rather funny that this Mark Bakkey character told me that James Brown was the "Animal Desk' Manager and he gives all thumbs up and thumbs down. Then I find out he cannot help me at all.
By the way, anyone that may want to speak to James regarding their own individual cases can call him at 901-434-8494.

Out of curiousity, is anyone trying the same that I am or am I a one man show? Just wondering just how many people would ike to see change in this policy.

I was planning on calling today

I called FedEx and set up an account with them because that is necessary before I could be considered to get a special waiver (I never used them enough to set up an acct before). I was also told that Dowana was a temp with them and that she is no longer at that location. I was to be forwarded to the live animal desk (800-405-9052), I was on hold for about 5 minutes and then the woman that was to put me through to them got back on the line and told me that she spoke to the people at the live animal desk and they told her that the only person that I should talk to is James Brown (901-434-8494). She said that she tried to talk to James but she keeps getting the answering machine. I am supposed to call James myself later to ask about the waiver.

I own a retail reptile shop (Chicago Reptile House) in Indiana and have been using Airborne Express to ship all non-venomous reptiles for the past 10 yrs. There is another Chicago Reptile House in Illinois that my friends own and have been doing the same. Just 2/2/04 I shipped out a snake to Tennessee. Well guess what...It never got there. I checked the fauna for some help on the situation and low and behold I find this thread. I've been researching all day and cannot find anything about shipping snakes through Airborne. This is the closest thing I could find>

17. Airborne Express shall not be liable for loss, damage or delay to shipments of tortoise, frogs, non-venomous insects, live fish and crustaceans.

If anyone else has any other info about the shipping of snakes with Airborne, please let me know. I already had my lawyer (fellow herper) look over Airborne's website as well as all the receipts and paperwork that I have. Some of you had some questions about Airborne/Fed Ex/ Ups letting some people ship and not others. I'm not sure about the Grandfather Clause, like I said I've been shipping for 10 years and there were never any questions asked. I set up an account with Airborne and like Evan stated, I use whatever boxes I have. Some say live, harmless reptiles, some say tropical fish, and some say nothing at all. As far as the snake that was lost in shipment, it was clearly Airborne's fault and they reimbursed me for the shipping costs. I didn't mention that it was a snake yet, because I feel that it will still get there alive.

And Ron Billingsley from NightCreatures, I have a good lawyer in Indiana if you still need one.
Thanks...Rick Kelley