http://usark.org/wp-content/uploads/...als-Mem-Op.pdf
We therefore decline to conclude that Congress, by implication, altered the meaning of the shipment clause’s terms so as to criminalize the interstate shipment of every Lacey Act species. Rather, the clause continues to mean what it has meant since its enactment: it prohibits the shipment of injurious species between the listed jurisdictions, including to and from the continental United States, but it does not speak to shipments between the 49 continental States.
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For the foregoing reasons, we affirm the district court’s judgment and hold as a matter of law that the government lacks authority under the shipment clause to prohibit shipments of injurious species between the continental States.
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