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Looking for Legal Help

numbnutz Feb 05, 2007 04:58 PM

I went throught the trouble of getting permitted for some endangered animals in my State. Now I want to sell them and have the Conservation police all over me because I posted them for sale. I feel I haven't broken any laws since I have not yet sold any of them just posted them for sale. They are investigating me and said that every day the ad was posted I am in violation. I do not understand why. I know I can't sell them to anyone who does not have permits and I have to tell the state that I am selling them and who to....but how can I be in violation for trying to sell them....???? Any help would be great. Also any one who knows a good lawyer who handles these types of cases would be great as well. I do not intend for any of my rights to be violated.
THanks

Replies (9)

nboles1215 Feb 05, 2007 10:14 PM

Ok...I live in Indiana and the bill that is in the senate right now permits the purchase, sale, trade etc. You might want to do a little research on your state bill. If the CO's are tracking you take your ad off RIGHT NOW!! This will only draw attention to yourself. I am not trying to be a prick here but keeping your ad up will only hurt your situation. Keep us posted
-----
Nick

Ivory Tortoise Feb 07, 2007 01:37 PM

If you read the Endangered Species Act you will se that it is illegal to sell or offer for sale any endangered species. You are in violation of the law and can legally be prosecuted. You need to immediately take your animals off the market or face the real possibility of be prosecuted and having your animals confiscated.

johnh Feb 08, 2007 08:29 PM

It says only interstate sales are prohibited not same state or intrastate sales. They are fine. Also, CBW permit system allows for interestate sales, transfers, whatever.

numbnutz Feb 08, 2007 10:09 PM

Ivory,
What state are u in. My permit clear says that you may sell, gift, or dispose of the animals listed on my permit with the permission of the DNR. It also says on the act that they sent me I just need to give them the name and address prior to the transfer, they will send them the application and let me know when the application is approved and the transfer can be made.

bigpain Feb 07, 2007 05:34 PM

The first thing I would do, Call your State endangered species board and ask what is the procedure for selling your animals.
I don't know what state you are in or I could look it up on your Dept of natural resources website.
There has got to be a way to sell them legally. Ivory tortoise claims you can't do it, But we see Indigos, galopogos and crocs that are endangered being offered for sale to permit holders.
The sellers even say permit is easy to get.
It sounds like you have state endangered animals though, So I'm sure your state endangered board can help.
It's very common for conservation police to have thier facts mixed up. In Illinois during a raid, 68 tickets were issued. By the time court rolled around 54 were withdrawn.

numbnutz Feb 08, 2007 07:13 AM

I am in Illinois....The permit I have says Items on this permit may be sold, given away or disposed of only with permisson from the Illinois Dept. of Natural Resources.
Then the endangered species act section 1070.40 letter f says: Items listed on the limited permit (which i have) can be disposed of though sale, gift or scrapping. Sale or gift must be reported prior to the transfer. Upon receipt of the name address of intended recipient the department will provid them with an application for permit,,upon the approval of the application transfer will be allowed.

This is why I am confused about posting them for sale....this lead me to believe that if you find a buyer call them and let them know just don't release the animals until then.

anyway did the raid in Illinois lead to an arrest????? I really don't want to go to jail over this....I tried to follow there ways.
Please let me know

Kelly_Haller Feb 10, 2007 01:18 AM

species. That will make all the difference. What species are causing you the problems?

Kelly

numbnutz Feb 11, 2007 06:10 AM

There are four that I am permitted for:
Blandings Turtle, Aligator Snapping Turtle, Indio Snake, Spotted Turtle.

I really am not sure if they are on the Federal list. I know for sure they are on the state list thats why I got the permit.

Any info will be helpful.
Thanks
Antoinette

Kelly_Haller Feb 12, 2007 11:23 AM

The only one of those four you mentioned that is covered by the Federal Endangered Species Act is the eastern indigo. It can be sold or transfered across State lines if both buyer and seller have a valid federal CBW permit for that species. Additionally, it could be sold within your own State to another State resident without a permit being in the possession of either buyer or seller.

The other three are not ESA listed and would be contolled by State law, and you would need to follow the State permit guidelines as established by law in your particular State.

Kelly

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