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A link to the text of the Lacey Act

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Posted by: Jonathan_Brady at Sun Dec 20 13:51:26 2009   [ Email Message ] [ Show All Posts by Jonathan_Brady ]  
   

I think it's important to read this, so everyone can know EXACTLY what is happening here.



CLICK HERE TO READ THE LACEY ACT



Here are the main parts:



They're looking to add the 9 constrictors to this part of the Lacey Act:



(g) Prohibited wildlife species--The term “prohibited wildlife species” means any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such a species.



***Language of the Lacey Act***



It is unlawful for any person--



(1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law;



(2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce--



(A) any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law;





(B) any plant-- ***(I'M LEAVING THIS PART OUT AS IT'S NOT APPLICABLE TO USE AS KEEPERS OF ANIMALS)***



(C) any prohibited wildlife species (subject to subsection (e) of this section);



(3) within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of Title 18)--



(A) to possess any fish or wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law or Indian tribal law, or



(B) to possess any plant-- ***(AGAIN, LEAVING THIS PART OUT)***



(b) Marking offenses



It is unlawful for any person to import, export, or transport in interstate commerce any container or package containing any fish or wildlife unless the container or package has previously been plainly marked, labeled, or tagged in accordance with the regulations issued pursuant to paragraph (2) of section 3376(a) of this title.



(c) Sale and purchase of guiding and outfitting services and invalid licenses and permits



(1) Sale



It is deemed to be a sale of fish or wildlife in violation of this chapter for a person for money or other consideration to offer or provide--



(A) guiding, outfitting, or other services; or



(B) a hunting or fishing license or permit;



for the illegal taking, acquiring, receiving, transporting, or possessing of fish or wildlife.



(2) Purchase



It is deemed to be a purchase of fish or wildlife in violation of this chapter for a person to obtain for money or other consideration--



(A) guiding, outfitting, or other services; or



(B) a hunting or fishing license or permit;



for the illegal taking, acquiring, receiving, transporting, or possessing of fish or wildlife.



(d) False labeling offenses



It is unlawful for any person to make or submit any false record, account, or label for, or any false identification of, any fish, wildlife, or plant which has been, or is intended to be--



(1) imported, exported, transported, sold, purchased, or received from any foreign country; or



(2) transported in interstate or foreign commerce.



(1) In general



Subsection (a)(2)(C) of this section does not apply to importation, exportation, transportation, sale, receipt, acquisition, or purchase of an animal of a prohibited wildlife species, by a person that, under regulations prescribed under paragraph (3), is described in paragraph (2) with respect to that species.



(2) Persons described



A person is described in this paragraph, if the person--



(A) is licensed or registered, and inspected, by the Animal and Plant Health Inspection Service or any other Federal agency with respect to that species;



(B) is a State college, university, or agency, State-licensed wildlife rehabilitator, or State-licensed veterinarian;



(C) is an accredited wildlife sanctuary that cares for prohibited wildlife species and--



(i) is a corporation that is exempt from taxation under section 501(a) of Title 26 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of Title 26;



(ii) does not commercially trade in animals listed in section 3371(g) of this title, including offspring, parts, and byproducts of such animals;



(iii) does not propagate animals listed in section 3371(g) of this title; and



(iv) does not allow direct contact between the public and animals; or



(D) has custody of the animal solely for the purpose of expeditiously transporting the animal to a person described in this paragraph with respect to the species.



The rest of the link goes on to describe the penalties of violating the Lacey Act, as well as what you'll have to forfeit (the vessel you're using to transport anything listed in the Lacey Act, ie, your car, boat, airplane, etc..) as well as other info.



I think it's helpful to know that the Lacey Act is 110 years old. The US isn't now, what it was then. The main purpose of this act was to prevent "poaching" - or, people crossing state lines to kill animals, skin them, and bring their skins back over the state line to be sold. That's why you see language about "guiding, outfitting, and other services". These people needed GUIDES to get around in the wild!!! And they'd trade skins for it rather than paying them money. Seriously, how outdated is this crap?!



Basically, it won't be illegal to own them, breed them, sell them, etc. AS LONG AS YOU DO IT ALL WITHIN STATE LINES!!!!!! This means our hobby can continue, but due to the DRASTICALLY reduced demand, prices will more than likely plummet in most states as the supply will exceed demand, especially in a state like Florida - where I, unfortunately live.



It WILL be illegal to sell, mislabel the shipping container, transport across, import, export, receive, acquire or anything else having to do with state lines, these animals should they be added to the Lacey Act. Also, the Supreme Court has nothing to do with this.



Hope that helps!

jb
-----
What's written above is purely my opinion. In fact, MOST of what you read on the internet is someone's opinion. Don't take it too seriously



Jonathan Brady

DeviantConstrictors.com

Deviant Constrictors picturetrail


   

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