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

[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.

[JodanOrNoDan]

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.

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

[Lizardlicks]

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

[JodanOrNoDan]

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

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.

[bcr229]

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

[bcr229]

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.

[bcr229]

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!