Reptile & Amphibian Forums

The section 373 & 2811 look to amend is title 18, sect. 42 (a) 1. I could not find anywhere in that section were it says you cannot breed or export(assuming you live in a state with a designated port). Someone with true Knowledge of the facts, please clarify this for me.

http://www.fws.gov/Contaminants/ANS/ANSInjurious.cfm

http://www.fws.gov/Contaminants/ANS/pdf_files/InjuriousWildlifeFactSheet2007.pdf

http://www.govtrack.us/congress/billtext.xpd?bill=s111-373

Read this for the CFR entry point:

http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc18.wais&start=170429&SIZE=12370&TYPE=TEXT

This is where the insertion is to be made (text from the link above):

"Sec. 42. Importation or shipment of injurious mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles; permits, specimens for museums; regulations

(a)(1) The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called ``flying foxes'' or fruit bats of the genus Pteropus; of the zebra mussel of the species Dreissena polymorpha; INSERT NEW TEXT HERE and such other species of wild mammals, wild birds, fish (including mollusks and rustacea), amphibians, reptiles, brown tree snakes, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited."

If you read all of it (Lacey Act), the literal interpretation I conclude is that only interstate transport (and import) would be prohibited. States could also have additional restrictions, etc... at the state level that would refer to the 'injurious wildlife' listed in the CFR. If I'm missing something about breeding, keeping, etc... intrastate, please let me know.

Plain and simple: Not good.

Matt
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"Change what you cannot accept... do not accept what you can't change!"

Tod Ashley C.$.C.

Thanks, but I still do not see where it says you can't breed and export to another country as long as they don't cross state lines while you are transporting to a usfws designated port.