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question what is the legal status of burmesse stars

leopard771 Aug 30, 2003 07:23 AM

hi i have spoke with lots of people and every one tells me diffrent can you have burmese stars in us and if you do what kind of paper work do you need to keep them i see people post them for sale and i would like to get some but i hear diffrent things if any one can help thanks richie

Replies (10)

JHMG Aug 31, 2003 10:07 AM

As CITES II, they are legal if they were imported properly. There have been very few imported and therein lies the problem. CITES II may be imported or exported but in very limited numbers. These are very rare in the wild and as a result the animals likely come from outside their range in Myanmar (Burma) which for importing makes it hard to get all the proper papers from originating country. I don't know the numbers but probably more are around than were imported or US captive born.

If someone imports, they will have invoice documentation and that should be copied and given to a buyer and every time the animal is transferred a copy should follow. Now, this is a perfect world and that doesn't always happen for whatever reason. If you unknowingly purchase an animal that is suspected of being smuggled, that animal is at risk of being confiscated w/o any proof from you, now or 10 years from now. Would that happen? Probably not, if you are not complicit in any wrongdoing. One thing that is for sure- USFWS applies different rules to different people and situations.

Point here is knowing who you are dealing with, ask questions, keep payment receipts and seller contact information. Leave alone or discount price accordingly from those who may operate in a "grey area" as the animal may be taken from you in the future.

leopard771 Aug 31, 2003 11:15 AM

thank you for your info

Katrina Aug 31, 2003 03:10 PM

I think it's important to note that even some very common species like common green iguanas are CITES II, as are the more common North American box turtles in the US. I was under the impression that CITES II animals can travel interstate without paperwork. Am I wrong? Still, I would encourage anyone with ANY reptile to save receipts and vet records and any other paper trail, so that they are prepared should their animal become CITES I or if federal, state, or local laws change and an animal needs to be grandfathered.

Katrina

JHMG Aug 31, 2003 06:29 PM

We were talking about U.S. importation only. You are right these and other CITES II animals may be freely transported across state lines.

I don't believe USFWS allows for "grandfathering" except that an already U.S. imported animal is allowed to stay. If you have a B. star today and, for example, effective 10/1/03 these become CITES I, you would need a permit to buy or sell a particular animal legally owned in U.S. as of today. I may be wrong, but if I am that brings added confusion to an already convoluted, imperfect process.

Katrina Sep 01, 2003 10:30 PM

Thanks. One of my concerns is, if you have a CITES II animal, say an iguana, that was purchased but because the person didn't know to save any paperwork, what does happen when the animal goes CITES I? Would you be able to get paperwork to sell, if you had some sort of proof that you had the animal prior to changes? I'm worried about all of those Asian turtles purchased in the last few years, especially from reptile shows with NO paperwork, that might soon be CITES I.

When I mentioned grandfathering, I was thinking of mostly local laws.

Katrina

leopard771 Sep 02, 2003 08:09 PM

hi i am looking to buy some small burmesse from some one that says he has had them for two years or longer and he dont have any paper work on them from so long ago that is why i dont want to buy them if i can get them taking away that is my corncened if i want to sell them in the furture i cant i thank you for all your info i still think i might buy them and see what happens it is a tuff thing some say yes and some say no thanks again

Jackie Lapradd Sep 02, 2003 08:59 PM

Think of it this way.
Dr Zovickian, who is one of the most respected and knowledgeable people regarding this (and several other species) tortoise sells them openly on Kingsnake.
I seriously doubt that someone who has contributed so much to the survival of this species would offer them if it were illegal.
In addition to offering beautiful C.B.B hatchlings he occasionally sells LTC adults as well.
His animals are top notch so put aside some extra money and be prepared to scoop up the next ones he makes available.

Best of luck
Jackie Lapradd

cwilder Sep 03, 2003 09:33 AM

Hi Jackie,
I've seen your Burmese on your site as well and was wondering if you've been fortunate enough to hatch any?
Thanks,
CW

JackieLapradd Sep 04, 2003 11:03 PM

n/p

JHMG Sep 02, 2003 10:29 PM

I think the simple answer here is to ensure you get receipts and keep a file with relevant information and there shouldn't be an issue given accurate timelines. Besides, I think USFWS is more interested in those individuals who engage in trade as a business. Onesy, twosy transactions don't draw the attention of USFWS as say some young herper who pops up and is all of a sudden offering 5 baby burmese stars. Where did these 5 babies come from??? It's things like that that cause problems and pressure for everybody.

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