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Why was he REALLY arrested??? Radiated tortoise sale.........

Matt J Dec 27, 2004 09:43 PM

Okay, what I cannot figure out from the story is this: If he had the animal in NY and was reselling it in NY, he broke NO law, correct? If he wanted to sell it out of state, then yes, he would have needed state and federal permits. Am I confused on this one?!?! Just curious...

The article is in the link below:

Matt
NY man arrested for radiata sale

Replies (13)

EJ Dec 27, 2004 10:03 PM

My guess is that he had a lack of proof of origin. A hatchling produced by a breeder probably does not require the same proof if decent breeding records are kept but then I can only wonder about the proof of origin being required for the parents.
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Ed
Tortoise_Keepers-subscribe@yahoogroups.com
Trying to keep the fun in Chelonian care

cwilder Dec 28, 2004 11:02 AM

I believe NY has state laws regarding radiata. It may apply to endangered species as well. Either way he has been selling on KS for a while and it was only a matter of time before he got busted. I'm not sure if any of you'll saw the radiata he was trying to sell but it was awesome. I kinda figured it was an import seeing as no breeders I know of produced it.That's not to say it couldn't have been breed here.
CW

BuffaloTortoise Dec 28, 2004 03:40 PM

Hi, All,

Chad is correct. New York is one of those few states that, in addition to the CBW Permit, also requires a state-issued permit to maintain an endangered species. Anyone in the state of NY who does not possess both a valid CBW Permit and a NYS DEC Permit, and maintains G. radiata, is doing so illegally.

While the federal government does not require you to have a CBW Permit if you aren't moving an animal across state lines, New York State laws require that you have their permit in order to POSSESS a G. radiata. And you need to have both because without the CBW Permit, the NYS DEC Permit is null and void.

So, that fellow -- whose illegal tortoise, was indeed beautiful -- was breaking New York State law.

Best,

T

Matt J Dec 28, 2004 08:24 PM

.

jbly Dec 28, 2004 11:22 PM

Like NY, IL also requires a state permit to posses, buy, or sell any federally listed species.

Anyone know if any other states that require permits for federally listed animals?

Thank you,

jbly

BuffaloTortoise Dec 29, 2004 08:19 AM

Hi,

I believe that CT also has state restrictions. There may be others, as well.

Best,

T

zovick Dec 29, 2004 04:30 PM

CT also requires a permit from its DEP to possess endangered or threatened species. Other New England states, such as Maine may have similar laws as well, but I am not certain of it.

labendwa Dec 29, 2004 08:57 PM

NJ also requires a special endangered species permit. I had to even have this in NJ for keeping corn snakes (since they are endangered within the state). You have to show a valid reason for owning endangered species - local or federal - to get a permit. They also have various types of permits. I have a scientific holding permit. But, there are hobbyist permits, show permits, etc.

rattay Dec 31, 2004 08:57 AM

I have heard that Yang was already being investigated about where his animals are obtained from. If you can not prove the source, like Ed refers too, even if you are a permit holder, you can get into trouble. The point of the permit is to track legally obtained animals for the benefit of the species. It is not a free license to buy and sell illegal animals.

Don't know for a fact but I have heard that Yangs animals are of questionable origin. He's the one that posted the $100,000 radiata recently and also the $20,000 albino star if I recall.

Again, not making factual accusations...just sharing what I have heard.

P

rkreptiles Dec 28, 2004 05:07 PM

If this is the same Radiata I am thinking it is (and I am sure it is). It was not only illegal in NY because of the owner not having permits but the animal was smuggled/imported illegally into the country. The person that was arrested was suspected of dealing in many other illegal/smuggled animals.
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Rob Trenor
RK Reptiles
www.rkreptiles.com
www.rkreptiles.net
www.oldworldchameleons.com
www.ballpythonmorphs.net
www.beardedragons.com

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DragonDavy Dec 28, 2004 07:33 PM

Yep
It's the same one. Follow the law, thats all I say.

DragonDavy

clemmysman Dec 28, 2004 10:04 PM

Why?

rkreptiles Dec 28, 2004 11:54 PM

??? LInks to sell snakes? what are you talking about? If you are referring to my signature, it is the same signature on all my post on this site and it is within the TOS of this site.
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Rob Trenor
RK Reptiles
www.rkreptiles.com
www.rkreptiles.net
www.oldworldchameleons.com
www.ballpythonmorphs.net
www.beardedragons.com

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