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Python Ban Export ?

mikebell Dec 11, 2009 08:26 AM

I know that for the nine listed there is no importing and no state to state trade, but can they be shipped out of the country. I believe that at least for now they can be sold inside of each state.
Mike

Replies (14)

brhaco Dec 11, 2009 09:53 AM

Export is not banned under the injurious designation, but the hitch is getting your animals to an export port state, if you do not already live in such a state.
-----
Brad Chambers
WWW.HCU-TX.ORG

"Some things are flat impossible-until they're done."
Robert A. Heinlein

WALL2WALLREPTILE Dec 11, 2009 10:51 AM

Actually export would be a violation of the Lacey Act.
Which is punishable as a felony.
So....no, you will not be able to export.
The only exceptions would be for Zoological, Scientific or Educational purposes and will require a special federal permit.

brhaco Dec 11, 2009 11:39 AM

You are mistaken-here is a quote:

"Species listed as injurious (including their gametes andviable eggs) may not be imported into the United Statesor transported between the continental United States,the District of Columbia, Hawaii, the Commonwealth ofPuerto Rico or any territory or possession of the UnitedStates by any means without a permit issued by theService. Regulation of transport or use within a State is theresponsibility of each State. Possession of a species, withinState boundaries, is also the responsibility of each State andis not regulated by an injurious wildlife listing."

Nowhere does it state that EXPORT is in any way controlled.
-----
Brad Chambers
WWW.HCU-TX.ORG

"Some things are flat impossible-until they're done."
Robert A. Heinlein

dan80woma Dec 11, 2009 11:47 AM

You cant take your animals across state lines. So this would leave to believe that all expotation will cease to exist. You have to cross stae lines if you are sending your snakes overseas.

brhaco Dec 11, 2009 11:50 AM

No-trade BETWEEN states within the US is banned. However, if you (like us) commonly export from a different state, then you are stuck.
-----
Brad Chambers
WWW.HCU-TX.ORG

"Some things are flat impossible-until they're done."
Robert A. Heinlein

toshamc Dec 11, 2009 12:10 PM

What they are trying to say is that there is a state line between the US and wherever you are exporting to - it would be illegal to ship out of your state irregardless of where it is going.
-----
Tosha
JET Pythons

nihil facimus sed id bene facimus

brhaco Dec 11, 2009 12:18 PM

Yes Tosha, I understand that-but please reread the quote above-it is transport BETWEEN states and territories that is banned, NOT "crossing state lines"....
-----
Brad Chambers
WWW.HCU-TX.ORG

"Some things are flat impossible-until they're done."
Robert A. Heinlein

brhaco Dec 11, 2009 12:22 PM

"Species listed as injurious (including their gametes and
viable eggs) may not be imported into the United States
or transported BETWEEN the continental United States,
the District of Columbia, Hawaii, the Commonwealth of
Puerto Rico or any territory or possession of the United
States by any means without a permit issued by the
Service.
-----
Brad Chambers
WWW.HCU-TX.ORG

"Some things are flat impossible-until they're done."
Robert A. Heinlein

bullybreed Dec 11, 2009 04:27 PM

Hello guys. In the exotic animal community we had the same crackdown several years backs with some of the same laws being used on this crackdown. Luckily fo rthe reptile community the "injurious" restriction in much better then the "endangered" restriction. Injurious is a STATE by STATE enforcment, this means that working with your state vet you should be able to bring in animals from other states. Also, they can NOT stop you from owning said animal after you already have it. They can however make the cost of keeping it out of this world. For the people asking about feesability of enforcment, they can in NO WAY cover the enforcement of this bill, nor would they care to. USDI is over the licensing of endangered and injurious species. All USDII permit holders are inspected by there normal USDA inspector. IE, no special inspection or paperwork or anything else for that matter. Also, interesting to note the Lacey Act only deals with PURE SPECIES. HYBRIDS to not fall under this. They (gov) will try and say it does and bully you, but it absolutly does NOT. it is NOT the end of the world and hopefully soem of the BIG names can stand with the little guys and be heard. They are relying on the belief that they are beyond reproach, they are not.

WALL2WALLREPTILE Dec 12, 2009 03:04 AM

I sincerely hope you are correct...

Most of the Lacey Act enforcement I have read about included both import and export.

Here is a copy and paste of how it would work according to the USARK email I just received.

"Such a move would prevent all import, export, and interstate transport of pythons in the U.S. The scientific justification for such a move hinges on a recently published report of the United States Geological Survey (USGS) entitled 'Risk Assessment of Nine Large Constricting Snakes,' which attempts to paints a picture of large constrictor snakes as an immediate threat to eco-systems over much of the U.S."

In this paragraph export is listed as one of the restrictions.
I have seen it listed in several other places too.

Just sharing what I have found.
Hopefully Export is not included....but I am not yet convinced.

WALL2WALLREPTILE Dec 11, 2009 10:46 AM

Mike,

It is not yet a law.
At the moment you can still do everything we have ever been able to legally do.
We can still fight.
Make an appointment to talk with your State Senator/Representative. Speak to you local newspaper or TV stations. Let them know that the public is not getting the facts. They are merely hearing trumped up headlines.
Those in the Media do not like to have their integrity questioned. Tell them you want to see a news agency with the integrity to cover the FACTS about this legislation.
With a professional and courteous approach perhaps we can convince them of our views. Perhaps they will listen when we talk about the economic impact this legislation will have in America.
I hope that answers your question.

If passed, you will not be able to import or export or transport the 9 snakes across State lines....it will also set a dangerous precedent for the next species the extremists set their sights on.

Take care my friend,
Harlin Wall - WALL TO WALL REPTILES!
970-245-7611
970-255-9255

snakesatsunset Dec 11, 2009 11:47 AM

It depends on how they are classified. If classified as INJURIOUS WILDLIFE, they fall into the same category as zebra mussels, mongoose, meerkats, etc.
If they are on injurious list, this means no imports unless by special permit. The only entities that can OWN them/house them/keep them period are institutions that are open to the PUBLIC aka zoos, serpentariums, etc
In other words, if they are classified as injurious wildlife, USFWS has to account for more then 4 million snakes, of which every single one would be illegal to own as they are on the injurious wildlife list.
Google the injurious wildlife law, under LACEY act,and it will open your eyes to how serious this is.

brhaco Dec 11, 2009 11:55 AM

Direct from the Gov. website:

"Wildlife?
Species listed as injurious (including their gametes and
viable eggs) may not be imported into the United States
or transported between the continental United States,
the District of Columbia, Hawaii, the Commonwealth of
Puerto Rico or any territory or possession of the United
States by any means without a permit issued by the
Service. Regulation of transport or use within a State is the
responsibility of each State. Possession of a species, within
State boundaries, is also the responsibility of each State and
is not regulated by an injurious wildlife listing.

The penalty for an injurious wildlife Lacey Act violation is
up to six months in prison and a $5,000 fine for an individual
or a $10,000 fine for an organization. Another section of the
Lacey Act (16 U.S.C. 3371-3378) pertains to prohibited acts
for wildlife and plants; this is different from the injurious
wildlife provisions of the Lacey Act, though an enforcement
relationship between the two does exist. More information
can be found at the Service’s Law Enforcement Statute
webpage at: http://www.fws.gov/le/LawsTreaties/USStatute.
htm."

As you can see, possession and breeding WITHIN A STATE are not regulated-just interstate transport.
-----
Brad Chambers
WWW.HCU-TX.ORG

"Some things are flat impossible-until they're done."
Robert A. Heinlein

harbor reptiles Dec 11, 2009 01:15 PM

I posed the same question in an earlier post. I could not find anything in the section to be ammended that says you cannot export to another country. If you live in a state with a usfws designated port ( I live in NY) where does it say I can't export to Europe. Someone with actual Knowledge of the facts please clarify this for me.

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