Usark wins!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

http://usark.org/wp-content/uploads/...als-Mem-Op.pdf

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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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Yay! I can buy more snakes again :D

Woohoo! Saw that Bob Clark posted this on his FB page earlier this afternoon and it made my day!


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What?! Amazing! I'm so pleased that I've been giving them donations when I ship. :)

You know I just thought about it. This might mean the prices on retics will drop as it seems everyone was in an uproar about them maybe banning them from shipping. This could possibly mean I can maybe one day afford a cow or SD pied tiger!!! :tears::D

Hurray!!! I love the looks of Bob Clark's SD's... and now they're a reality!

Oh great, now it's going to be sooo hard for me to resist getting an Anaconda. :oops:

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Originally Posted by Reinz

Oh great, now it's going to be sooo hard for me to resist getting an Anaconda. :oops:

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My first thought when I saw this was "how can I talk the girl into allowing me to pick up a yellow anaconda?"

So wait, it's now legal to ship anacondas, rock pythons and Burmese in the continental US? Man, if that is so, I might need to get another cage and find me a hypo burm.......this is both a blessing and curse lol.

And someone's already being a party pooper...

http://www.thedailybeast.com/article...ng-python.html

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Originally Posted by ShaneSilva

And someone's already being a party pooper...

http://www.thedailybeast.com/article...ng-python.html

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That didn't take long. I love the pathogenesis reference too.

And Alaska is not one of the 49 contiguous states. Dumb A$$

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Originally Posted by ShaneSilva

And someone's already being a party pooper...

http://www.thedailybeast.com/article...ng-python.html

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what a frustrating read; complete bull.

i'm very happy for those this has affected. way to go, USARK. i'll be sending a donation very soon. 😀

So now the ultimate question: do I get an albino labyrinth or a hypo granite burm?

Yes!!! Finally! Just wish they would've won last year when I had baby burms to sell xD

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What a dumb and stupid play on words. No wounder people are so misinformed. At least we get to keep our snakes like we used to with out having to rehouse them,if we move out of state. Now my question is where can I get a male albino burm?

That was the worst article I've read. It just makes snakes and snake owners look terrible.:colbert: But at least I can get a burm if I want to now!

Awww crap I just found out that burms come in a pied version too. WELP!

This may be a really stupid question but does this mean that the state laws are void? For example, if it was illegal for you to own one in your state/city can you now own one? No where near buying anything but would love to own a SD one day and it is illegal in my state/city.

I have never seen a pied burm. Do you have a picture?

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Originally Posted by cron14

This may be a really stupid question but does this mean that the state laws are void? For example, if it was illegal for you to own one in your state/city can you now own one? No where near buying anything but would love to own a SD one day and it is illegal in my state/city.

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Local and state laws are still in effect. All that the ruling means is that species listed under the Lacey Act as injurious can now be shipped between states in the continental US, provided that there are no state laws prohibiting the import of those species. Those species still can not be imported into the US from other countries, state permit requirements and/or bans are still effective, etc.

With that said I'm still a Criminal in NY [emoji23][emoji23][emoji1360][emoji1360]


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Originally Posted by Mr Sully

With that said I'm still a Criminal in NY [emoji23][emoji23][emoji1360][emoji1360]


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No burms in NY? I was told retics are illegal there.

Burms were 10 years after I got MR & I heard Tics where too after but honestly thats only what I heard from a Tic owner I know... NY has gone to the birds since I was a kid... Cant slip on a Banana peal without getting a ticket for littering. Gotta love this Government.. ( I better just be quiet before I really say how I feel hahahaha[emoji23][emoji23][emoji631]


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Originally Posted by Mr Sully

Burms were 10 years after I got MR & I heard Tics where too after but honestly thats only what I heard from a Tic owner I know... NY has gone to the birds since I was a kid... Cant slip on a Banana peal without getting a ticket for littering. Gotta love this Government.. ( I better just be quiet before I really say how I feel hahahaha[emoji23][emoji23][emoji631]


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Im from NY too and am genuinely jealous you have a burm lol. Pretty much everything is illegal in NYC its insane

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Originally Posted by cron14

Im from NY too and am genuinely jealous you have a burm lol. Pretty much everything is illegal in NYC its insane

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Theres a member with a great Dwarf in the UK & he says its like a mini Burm. Great temperament ect.. I would love one once I have more room.



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Originally Posted by Tigerhawk

I have never seen a pied burm. Do you have a picture?

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These were just posted to one of my facebook groups the other day.


Here and here.

USARK comment from Facebook: Contrary to the quote from Collette Adkins of CBD, there actually was NOT any "scientific data that justified the ban." The government's own scientific data, especially regarding reticulated pythons, supported no need for federal action to be taken barring interstate transportation.

AP article from today on the ruling:
https://www.apnews.com/ab67b0e8d3c544e3b72c40d24dda50a9

Court sides with reptile keepers against giant snake ban
By JENNIFER KAY

MIAMI (AP) — U.S. wildlife officials can't legally stop interstate trade of giant exotic snakes such as Burmese pythons, which threaten to eat all the native mammals in the Florida Everglades, an appeals court has ruled.
However, snake owners are cautioned not to move their reptiles just yet, as other legal challenges may remain. The U.S. Fish and Wildlife Service is reviewing the ruling.

The North Carolina-based United States Association of Reptile Keepers sued the U.S. government in 2013, asking a federal court in Washington, D.C., to overturn a nationwide ban on importing certain constrictor species or transporting them across state lines.

Trying to protect native wildlife and prevent non-native snakes from spreading, U.S. wildlife officials banned Burmese pythons, yellow anacondas, and northern and southern African pythons in 2012. The ban was extended to reticulated pythons, DeSchauensee's anacondas, green anacondas and Beni anacondas in 2015.

The first giant snake ban was announced in 2012 in the Florida Everglades, where officials say tens of thousands Burmese pythons have decimated populations of native mammals that had never before encountered such a large predator. Native to parts of Asia, pythons found a home in the Miami-area wetlands after being intentionally let loose by their owners or escaping breeding facilities after Hurricane Andrew in 1992.

The ruling does not change the ban on importing these snakes or other "injurious" species, nor does it affect state laws such as Florida's prohibition against keeping pythons as pets.

The entire ban was unnecessary because the vast majority of exotic snakes sold in the U.S. are bred domestically, and they could only survive in the wild in a handful of counties in Florida and Texas, said Phil Goss, president of the reptile keepers association.

"I understand Florida has a unique situation, but if you look at this anywhere else in the country, it's an issue of government overreach," Goss said.

In an April 7 decision, the D.C. Circuit Court of Appeals upheld a lower court's ruling that the wildlife service didn't have authority under the Lacey Act to restrict interstate trade of these snakes.

"While we are aware of the risk posed by the spread of invasive species, one size doesn't necessarily fit all. We will work with the Department of Justice to identify impacts and appropriate next steps for the Administration," wildlife service spokesman Ken Warren said in an email Monday.

Acknowledging that snakes that can grow 20 feet long "are no garden-variety snakes," the court said the act only gives the government the authority to stop trade between the continental United States and Hawaii or other territories — not shipments within the continental states.

The court cited the Chicago Manual of Style among other guides for proper grammar to rebuff the government's argument that the act's wording bars shipments from any of the 49 continental states to any other continental state.

"The government's arguments cannot overcome the plain text of the shipment clause," the ruling states.

The court didn't address the scientific data that justified the ban, said Collette Adkins, senior attorney for the Center for Biological Diversity, which partnered with the government and the Humane Society of the United States in the litigation.

"This has implications for any invasive species that could establish populations through interstate trade," Adkins said Monday.

The reptile keepers' attorneys said the ruling would restore snake owners' freedom to attend trade shows, seek veterinary care and keep their pets with them when they move to different states.

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Originally Posted by ShaneSilva

And someone's already being a party pooper...

http://www.thedailybeast.com/article...ng-python.html

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Ugh, why do people have to be that way? And what kind of professional uses phrases like "creepy-ass" in an article? That's their opinion. Like anyone would spend good money to buy a snake and ship it to someone as a joke. Heck no, I'd rather keep the snake.

"which threaten to eat all the native mammals in the Florida Everglades"

Are you kidding me. Most people who have looked at the number coming out of the studies conducted have concluded that Burms actually aren't out competing native predators, and native prey species seem to be keeping up their numbers just fine. What a load of crap.

Double post: reread this and it's full of even more biased and just plain false reporting!

"where officials say tens of thousands Burmese pythons have decimated populations of native mammals that had never before encountered such a large predator."

ALLIGATORS. EXIST. IN FLORIDA. And actively hunt and eat MORE pound for pound. They're also filling into the hole left by the loss of large native predators that where driven out by human encroachment, such as Florida panthers and the Florida black wolf. Florida black bears are also being pushed out.... not by burms but by pressures of human development and habitat loss. This article acts as if the everglades are full of nothing but cute, sparkle-eyed Bambis and Thumpers who have never seen a big, scary predator before, and will swoon into the snakes' jaws as a mass extinction event from pure shock.

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Originally Posted by Lizardlicks

Double post: reread this and it's full of even more biased and just plain false reporting!

"where officials say tens of thousands Burmese pythons have decimated populations of native mammals that had never before encountered such a large predator."

ALLIGATORS. EXIST. IN FLORIDA. And actively hunt and eat MORE pound for pound. They're also filling into the hole left by the loss of large native predators that where driven out by human encroachment, such as Florida panthers and the Florida black wolf. Florida black bears are also being pushed out.... not by burms but by pressures of human development and habitat loss. This article acts as if the everglades are full of nothing but cute, sparkle-eyed Bambis and Thumpers who have never seen a big, scary predator before, and will swoon into the snakes' jaws as a mass extinction event from pure shock.

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I agree that it is a retarded sensationalist article, however invasive species, not just burms, are a real problem here.

Yeah, among them: feral dogs and house cats. No one screaming and rallying to ban those, though. :rolleyes:

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Originally Posted by Lizardlicks

Yeah, among them: feral dogs and house cats. No one screaming and rallying to ban those, though. :rolleyes:

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There are some feral humans in Miami. Honestly in my opinion the worst are the feral hogs. They were a big problem when I lived in Texas too. On the smaller scale non-native lizards have almost completely replaced the natives. I have watched it happen over the last 40 years.

The feral hogs are really spreading quickly. They can survive in the cold temps too.

Another update with a lot more info: http://usark.org/details-on-court-ruling/. 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.

Today's update has a lot of great information, including a keeper code of ethics and sample buyer agreements.

http://usark.org/2017-blog/lawsuit-u...ping-and-more/

Lawsuit Update, Responsible Herpetoculture, Shipping and More

By USARK on May 28, 2017

If you are a reptile and amphibian enthusiast who has been spending time under a rock (which actually is not too uncommon if you are a field herper), USARK was successful in quashing the overreach demonstrated by the U.S. Fish and Wildlife Service (FWS) when taking federal action to unjustly ban the interstate transportation of snake species commonly kept by reptile aficionados. The Court ruled in contradiction to the FWS interpretation of the Lacey Act. While FWS claimed that listing species as injurious banned not only the importation into the U.S., but also the interstate transportation of those species, the Court disagreed and plainly stated, “We agree with ARK.”

We filed our lawsuit in late 2013, and carried the course to a rightful ruling. There does remain our challenge on the listing the constrictor snake species as injurious, and we shall post updates as they are available.

Shipping of species listed as injurious between the continental states, including species of constrictor snakes and salamanders, can lawfully begin again this week (May 30). Note that any shipments must still abide by current state and local laws.

Before selling and shipping these species, especially the constrictor snakes, we ask that you review all the information supplied in this newsletter. While the husbandry of large constrictors is well understood and keeping them under human care is not a problem for individuals with the capacity and resources to do so, these are still species that are not suitable for novice and unprepared reptile keepers.

Keeping these snakes should not be taken lightly. Anyone keeping large constrictors should realize how large the animals may get, how much they will eat, how much they will cost to keep, how large an enclosure will be needed, how long they will live, and other all aspects of their care. Impulse buys of any animals should be prevented and avoided, for the sake of the animals, and the sake of reptile keepers everywhere. If you cannot afford or do not have the desire to provide appropriate housing, veterinary care, and all other high expenses associated with keeping these snakes, or any animal for that matter, you should not bring one into your home.

Also, please be aware of the market for these large snakes, and respect that it has not magically multiplied. There will always be a limited market for these species comprised of dedicated keepers. It is our responsibility to self-police and present ourselves as a professional community. We must do our best to educate prospective buyers and be sure they are willing to humanely care for these animals their entire lives.

USARK has prevailed and we did it for all the responsible keepers who unjustly lost their freedom to continue appreciating these animals. Despite the naysayers, detractors, and even grossly over-funded and fraudulent animal rights groups all fighting against us, we got it done and earned the principled ruling from the Court. Now it is up to the herpetocultural community to behave admirably and responsibly.

We appreciate the support of those who made this possible over the last four years, and look forward to witnessing the continued professional conduct we know triumphs in our community. Thank you, Reptile Nation!