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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 12-20-2009, 04:30 PM   #1
USARK.Jonathan.Brady
I need your help! Making an S. 373 FAQ

Hi,
I'm reaching out to the users of various forums to find out what your questions are concerning S. 373. I am going to compile these questions and create an FAQ (Frequently Asked Questions) to be distributed by USARK.

If you have any questions about S. 373 regarding the implications and legalities of the bill, please post them here.

Thanks!
Jonathan Brady
 
Old 12-20-2009, 07:31 PM   #2
USARK.Jonathan.Brady
I've received numerous questions on other forums to clarify what I'm looking for. Here's a reply I posted on another forum to help.



I'm looking for "talking points" and education points on the topic of S. 373. I'm still working on the FAQ, but this is taken from it, in its current state:

Quote:
What are some of the potential penalties of violating the Lacey Act?
- For animals whose value is $350 or less, violators may be assessed a civil penalty by the Secretary of not more than $10,000 for each violation, in each territory including the original territory. For example, if a person transports 5 Burmese pythons from North Carolina to Florida, they could be subject to 20 violations (4 states X 5 animals) up to $10,000 each, or $200,000.
- In the case of transactions for animals whose value is $350 or more, violators shall be fined under a criminal penalty no more than $20,000 for each violation, and/or 5-year imprisonment, in each territory including the original territory. Using the example above, the maximum financial penalty is $400,000 and the maximum prison sentence is 100 years.
- In the case of transport for animals whose value is $350 or more, violators shall be fined under a criminal penalty no more than $10,000 for each violation, and/or 1-year imprisonment, in each territory including the original territory. Using the example above, the maximum financial penalty is $200,000 and the maximum prison sentence is 20 years.
- Forfeiture of the animals listed in the Lacey Act, which were transported in violation of the act.
- Seizure of the vessel used to transport the animals (car, boat, airplane, etc.)
I'm not asking for all of the info in the answer, just the questions. If you'd like to volunteer the answer WITH the question, feel free!

The reason I decided to put this together is because there are SO many people who are misinformed about this piece of legislation. These people are willing to fight for their (and our) rights, but often their efforts are for nothing as they don't know what they're fighting against. For example, some people are writing letters, emails, and making phone calls asking their elected officials not to BAN the private ownership of their animals. That's not what S. 373 does, so asking their elected officials to do that is pointless and a waste of their well-intentioned efforts. Does that help to illustrate what I'm trying to do?



jb
 
Old 12-20-2009, 11:25 PM   #3
Twizted Paths
Quote:
Originally Posted by ciderinc View Post
Will someone who can, please comment on how the bolded portions could affect us?

"(a)
(1) The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called “flying foxes” or fruit bats of the genus Pteropus; of the zebra mussel of the species Dreissena polymorpha; and such other species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, brown tree snakes, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act,[1] insofar as such importation is subject to regulation under that Act.

(2) As used in this subsection, the term “wild” relates to any creatures that, whether or not raised in captivity, normally are found in a wild state; and the terms “wildlife” and “wildlife resources” include those resources that comprise wild mammals, wild birds, fish (including mollusks and crustacea), and all other classes of wild creatures whatsoever, and all types of aquatic and land vegetation upon which such wildlife resources are dependent.
The above was taken from here

It still hasn't been answered.

Sorry for the cross post.

Do they seriously think an acceptable answer to the huge loss we'd be taking is to skin our pets/animals?
Has anybody brought up the fact that this ban violates the tenth amendment?
Do we have lawyers to argue for us?
Have any studies refuting the USGS gray paper been located?
 
Old 12-20-2009, 11:08 PM   #4
Twizted Paths
If I can't cross state lines with my animals and I intend to move out of state (which I do) it does indeed prohibit my continued ownership thereby banning me from my animals.
 
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