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Go Back   FaunaClassifieds > Laws, Legislative Issues & Alerts > General Legislative Discussions


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 04-09-2017, 04:04 PM   #11

We’ll have a formal newsletter soon. MOST IMPORTANTLY! This is a time to continue to act as a responsible reptile community and for proper self-policing of those acting otherwise. There are still steps in the process before those without USARK verification letters should be shipping species which are part of the injunction, or any other species listed as injurious. USARK will keep the herp community posted as always. And please be aware that any relevant State laws are still effective.
Old 04-09-2017, 06:11 PM   #12
USARK should have guidance out this week.

Also USFWS could ask for a stay of the appellate court's decision pending while they prepare an appeal to the USSC, so this upcoming week could be very interesting.
Old 04-10-2017, 03:53 PM   #13
Herps Alive!
The fact that the Appellate Court apparently ruled unanimously makes an en banc appeal unlikely. An appeal to the SCOTUS would not be heard until (most likely) spring 2018. This is not just about shipping though. It frees upo a number of educational activities for those of us who were handcuffed by permits with unreasonable limitations as well.,
Old 04-10-2017, 04:12 PM   #14
people can ship again... with that court ruling that the lacey act doesnt give fws the authority to regulate can ship.....this ruling also means that anyone thats every been fined, or convicted for a lacey act violation involving interstate commerce,,that didnt involve breaking a state law first before crossing state lines,,,,can now sue fws and the federal government
Old 04-11-2017, 03:23 PM   #15
U.S. Court of Appeals says “We agree with ARK.
Old 04-13-2017, 07:43 AM   #16
So does this mean we can now ship yellow anacondas?
Old 04-13-2017, 08:51 AM   #17
Originally Posted by AdamHess512 View Post
So does this mean we can now ship yellow anacondas?
Not yet. USFWS has several months to decide whether or not to file the appeal or seek reconsideration.
In addition, and as a general matter, a court will stay its order until the time has lapsed for the government to file an appeal or seek reconsideration of a decision. In the interim, our legal team advises that USARK members postpone any shipments or other related business decisions until the lower court’s order is lifted and the ruling is broadly applied. USARK will provide updates on these concerns.
Old 04-16-2017, 04:44 PM   #18
has usark said anything about the other part of their lawsuit...the arbitrary and capricious listing of the pythons.... i havnt heard anything about that...which is the only part of the lawsuit that matters... back in 2015 i posted a thread about the dangers of the usark lawsuit being so focused on the interstate commerce i stated back in 2015 a win on the interstate commerce would make it legal to ship all invasive plants and animals on lacey act over state lines.......................and that win would push fws to get 18 usc 42 amended so fws can regulate interstate commerce.........which is what is going to happen now........if usark doesnt win the arbitrary and capricious part of their case the pythons will stay on the lacey act and will go back to being illegal to ship over state lines once fws gets the lacey act amended............i hope all the usark supporters are pushing usark to really focus on getting the pythons removed from the lacey act.......especially now that usark as forced fws hand in seeking an amendment to lacey act to regulate interstate commerce.....
Old 04-22-2017, 10:21 AM   #19
More Info

Another update with a lot more info: Based on point #3 below, USFWS has got to be kicking itself - it lost on the intercontinental transport issue for all Lacey-listed species, and the original complaint will still move forward.

1) The Court, in its review of the government’s appeal of the preliminary injunction, has held that “as a matter of law the government lacks authority under the [Lacey Act Injurious Species] shipment clause to prohibit shipments of injurious species between the continental States.”

2) What this means is that the Court has made a final decision, beyond just the merits of the preliminary injunction (which is what was appealed by U.S. Fish and Wildlife Service, or FWS).

3) The Court did not limit its decision to the context of USARK’s preliminary injunction, but rather reached “a definitive judgment on the shipment clause’s meaning in order to ‘save the parties the expense of future litigation.’”[1] That means this issue does not need to be further litigated in the lower court.

4) The government still has the right to seek a rehearing (within 45 days) or appeal the judgment to the Supreme Court (within 90 days). We believe either to be highly unlikely, but FWS has not made us aware of their decision. The decision by the Court of Appeals will not become final until 7 days after the period to seek a rehearing expires, assuming that the government does not move for a rehearing. In that case, the order will be entered by May 30, 2017, or 52 days after the decision was rendered.

5) We advise, therefore, that herpetoculturists refrain from shipping species listed as injurious until FWS issues guidance to its field offices and to stakeholders in response to the court order. We will notify you as soon as this and other procedural issues are addressed so that trade can resume.

6) Remember also that although the Court has ruled definitely on the interstate shipment clause of Lacey, other claims are still pending before the lower court. USARK also challenged the initial basis for the actual listing of the constricting snake species as injurious under the Lacey Act.

7) Keep in mind, now and always, the Lacey Act: still bans shipments/transportation between the District of Columbia, Hawaii, U.S. possessions or territories, and the 49 continental states (as one geographic entity). It also bans the importation of listed species into the U.S.

8) Transportation/shipment in violation of any State or local law is still prohibited. For example, Florida has laws regulating the possession and importation of certain large constrictor snakes.

9) Interstate transportation/shipment in violation of state or foreign law can still violate another part of the Lacey Act.
Old 04-25-2017, 12:42 PM   #20
has anyone talked to usark about the arbitrary and capricious part of their lawsuit....or has anyone voiced their concern to usark about the fact that the courts ruling on interstate commerce just made it so every single planet and animal on lacey act can now be shipped around the country,,,and the concern for how fws is going to react to that....

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