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  1. #1
    Steel Magnolia rabernet's Avatar
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    USARK Legal Action Against FWS Constrictor Rule

    Now is the time for all of the Reptile Nation to come together and help in the legal battle. Even if you can only donate $1 or $5 - even if it's once a month or every pay check - we ALL need to contribute if we're able to this fight.

    I know I will - will you?

    http://usark.org/action-alert/usark-...strictor-rule/

    Approximately three months have passed since U.S. Fish & Wildlife Service (FWS) took the unprecedented action of adding four constricting snakes to the Injurious Wildlife list of the Lacey Act. Never before have animals widely held by the American public been listed. Originally FWS suggested the addition of all of Boa, Python and Eunectes. The list was whittled down to nine constricting snakes after the highly controversial “Risk Assessment” was published by Gordon Rodda and Robert Reed of the U.S. Geological Survey (USGS). The final rule was announced in January 2012. USARK was able to block five of the nine proposed snakes by taking dynamic action against the rule. Never before had a Injurious Wildlife listing been challenged or blocked. Nevertheless, the final rule was enacted March 23rd 2012 with four constricting snakes.


    U.S. Geological Survey
    From the very beginning of this process USARK has been very careful to lay the groundwork and establish the public record that would afford us the ability to take legal action if necessary. Scientists from all over the world have criticized the sloppy and speculative work used by FWS to justify Lacey Act listing. In 2010 USARK filed a formal challenge of the USGS “Risk Assessment” under the Information Quality Act. In 2011 Georgetown Economic Services (GES) published “The Modern Reptile Industry”, an independent and comprehensive economic survey that included the impact that a Lacey Act listing was likely to have on legitimate business interests. The GES report demonstrated how the listing could impact as much as $104 million in trade annually. USARK built a clear and convincing case that FWS was potentially arbitrary and capricious in their zeal for a listing.

    USARK and its counsel are carefully reviewing their legal options for addressing the U.S. Fish and Wildlife Service’s unwarranted listing of four constricting snakes, including Burmese pythons, on the Lacey Act’s Injurious Wildlife list. We believe the listing decision was precipitous, unsupported by the best available science, and poor policy. USARK is also concerned about the five other species of snakes, including Boa constrictor, that FWS has deferred addressing.


    High quality captive bred Burmese python morphs
    We believe FWS has exceeded its Lacey Act authority in terms of the breadth of the restrictions placed on the four listed species. The organization will continue to develop its legal theories and develop a plan for addressing the industry’s legitimate concerns with the proposed and final rules.

    These legal maneuvers are not inexpensive, and will be even more costly if it is necessary to file a federal lawsuit. Our goal is to raise $250,000 between now and the end of the year. This is only a start. If we file a lawsuit it could easily require twice that amount. FWS doesn’t think that the Reptile Nation is capable of fielding a serious legal challenge to their arbitrary Lacey Act listing. They don’t think we can raise the money. We have waited until our legal team gave us the word that they felt we have a strong and clear course of action to follow. Now is the time for the Reptile Nation to stand up and take back what is ours!

    Please use PayPal to donation@usark.org. Please put “LAW” in the comment or note area; or you can mail a check to: USARK, PO Box 279, Grandy, NC 27939. Please put “LAW” in the memo line.

  2. The Following 4 Users Say Thank You to rabernet For This Useful Post:

    BFE Pets (06-22-2012),LLLReptile (06-20-2012),Pampho85 (06-20-2012),The Serpent Merchant (06-19-2012)

  3. #2
    BPnet Senior Member gsarchie's Avatar
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    I'll make a donation of $50 right now and every month to this email address on paypal if you can guarantee the adress' legitimacy. I trust that it would go to USARK but how would I know that it would go specifically towards the challenege of the what I have coined "the big 4" being added to the FWS injurious wildife list? Thanks,
    Bruce
    Bruce
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  4. The Following 2 Users Say Thank You to gsarchie For This Useful Post:

    Pampho85 (06-20-2012),rabernet (06-20-2012)

  5. #3
    BPnet Veteran Dragoon's Avatar
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    Re: USARK Legal Action Against FWS Constrictor Rule

    Quote Originally Posted by gsarchie View Post
    I'll make a donation of $50 right now and every month to this email address on paypal if you can guarantee the adress' legitimacy. I trust that it would go to USARK but how would I know that it would go specifically towards the challenege of the what I have coined "the big 4" being added to the FWS injurious wildife list? Thanks,
    Bruce
    I would rather trust the usark website and go through the donation link, and you should be able to add notes to paypal transfers.
    iHerp profile
    Check out my reptiles on the iherp link above or FB below
    Rhacosaurus Gex

  6. #4
    Steel Magnolia rabernet's Avatar
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    Re: USARK Legal Action Against FWS Constrictor Rule

    Quote Originally Posted by Dragoon View Post
    I would rather trust the usark website and go through the donation link, and you should be able to add notes to paypal transfers.
    Follow the link in my initial post, which takes you directly to USARK's statement, which I simply copied and pasted.

  7. #5
    Steel Magnolia rabernet's Avatar
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    Re: USARK Legal Action Against FWS Constrictor Rule

    Quote Originally Posted by gsarchie View Post
    I'll make a donation of $50 right now and every month to this email address on paypal if you can guarantee the adress' legitimacy. I trust that it would go to USARK but how would I know that it would go specifically towards the challenege of the what I have coined "the big 4" being added to the FWS injurious wildife list? Thanks,
    Bruce
    They state to put "Law" in the subject of your donation.

  8. #6
    BPnet Lifer Vypyrz's Avatar
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    Re: USARK Legal Action Against FWS Constrictor Rule

    Donation sent, to protect my pets...
    "Cry, Havoc! And let slip the dogs of war..."

  9. The Following 2 Users Say Thank You to Vypyrz For This Useful Post:

    Pampho85 (06-20-2012),rabernet (06-20-2012)

  10. #7
    BPnet Senior Member Andybill's Avatar
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    I donated! Will you? lol!
    -Andrew Hall-

    Good night Chesty, wherever you are....


  11. The Following 2 Users Say Thank You to Andybill For This Useful Post:

    Pampho85 (06-20-2012),rabernet (06-20-2012)

  12. #8
    BPnet Veteran Valentine Pirate's Avatar
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    I'll keep donating. $30 a paycheck isn't much but they always get it. I'm so tired of having to wonder what the hobby will look like in 10 years due to ignorance, can't do much but not giving up!

    Erica Evans
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    When tempted to fight fire with fire, remember that the Fire Department usually uses water.

    "A person who won't read has no advantage over one who can't read"

  13. The Following 2 Users Say Thank You to Valentine Pirate For This Useful Post:

    Pampho85 (06-20-2012),rabernet (06-20-2012)

  14. #9
    BPnet Senior Member WarriorPrincess90's Avatar
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    I'm out of a job at the moment, but I think this is extremely important. I will give at least $20. And I encourage everyone else to give as much as they can to help fight this fight.


    - Nakita

  15. The Following 2 Users Say Thank You to WarriorPrincess90 For This Useful Post:

    Pampho85 (06-20-2012),rabernet (06-20-2012)

  16. #10
    BPnet Veteran thedarkwolf25's Avatar
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    Shared in on Facebook (not that it will do much) and will be donating what I can out of my next paycheck
    iHerp - http://www.iherp.com/thedarkwolf25

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  17. The Following User Says Thank You to thedarkwolf25 For This Useful Post:

    Pampho85 (06-20-2012)

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