Newsletter: 4/29/15

2015 Blog /
Lawsuit UpdateUSARK continues to strengthen our case! On Monday (4/27), USARK submitted the final brief (link below) to bolster our arguments before the preliminary injunction ruling to be made on May 7. In opening, we forcefully announce that FWS' previous supplemental memorandum provided no valid reasoning for the Court to deny our application for injunctive relief.USARK again demonstrates that the statute of ...

Newsletter: 4/23/15

2015 Blog /
MAINE ACTION ALERTThe Maine herp community has been working for years to make the current overbearing system less restrictive for responsible pet keepers. HP 499 (LD 746) has been introduced and will hopefully go to hearing next week. Let your legislators know you support this bill!The current law requires importation and ownership permits for most herps. This bill would require ...

Action Alert: Maine HP 499

2015 Blog /
The Maine herp community has been working for years to make the current overbearing system less restrictive for responsible pet keepers. HP 499 (LD 746) has been introduced and will hopefully go to hearing next week. Let legislators know you support this bill! The current law requires importation and ownership permits for most herps. This bill would require permits for ...

Blog Post 4/21/15

2015 Blog /
Lawsuit UpdateYesterday (April 20), USARK and FWS submitted supplemental briefs (links below). USARK has once again strengthened our side by providing additional supportive information. USARK also responded to questions asked by the Court and addressed points not raised during the April 7 hearing.Among others, key aspects from USARK include the reassertion that FWS does not have jurisdiction to ban interstate transportation/commerce through these injurious listings and that the ...

Lawsuit Update: 4.9.15

2015 Blog /
Lawsuit Update  Tuesday (April 7) at 2:00 PM was the first hearing regarding USARK's lawsuit, which lasted three hours. It was obvious that Judge Moss had reviewed all briefs, including the brief submitted by USARK just two hours before the trial.Judge Moss did not make a ruling on the preliminary injunction (PI) from the bench. The judge had received dozens of pages ...

ACTION ALERT: Nevada AB 361

2015 Blog /
REMINDER: Be civil and professional at all times when contacting legislators! Acting otherwise hurts us! UPDATE: Update (4/4/15): Thanks to opposition being heard, this bill has been removed from the agenda but it may be added again on Monday. Stay vigilant!Nevada AB 361 was introduced and has now been assigned a committee and hearing date. This is a "wild animal" bill encouraging county ...

Lawsuit Update: 4/3/15

2015 Blog /
Lawsuit UpdateThe recent filings by USARK have set the Court into motion. The first hearing has been scheduled for Tuesday, April, 7 at 2:00 PM. This hearing concerns the preliminary injunction and extension of the effective date.During yesterday's (4/2/15) status conference with both parties regarding USARK's application for Temporary Restraining Order (TRO) and Motion for Relief Pending Review (or preliminary injunction, PI), ...

Lawsuit Update and Newsletter: 4/1/15

2015 Blog /
Lawsuit Update USARK has been diligently working on several aspects of our lawsuit regarding the injurious listing of eight species of constrictor snakes under the Lacey Act. As posted earlier, USARK sent a letter to FWS on March 16 requesting an extension of the effective date for the latest listing, which includes Reticulated pythons and Green anacondas. The Reptile Nation was only ...

NARBC Tinley Park Recap 3.18.15

2015 Blog /
NARBC Tinley Park Recap WOW! We're unsure what else to say. NARBC Tinley was incredible for many reasons. From amazing animals, to a renewed sense of community, to international speakers, to thousands of attendees, to a record-breaking fundraiser... it was an overwhelming weekend for the herp world. Even if you were not there in person, you should feel proud to be part of ...

Win in West Virginia!

Uncategorized /
All Reptiles Removed from DWA List! USARK said that reptiles are not “dangerous wild animals” and legislators listened. Thanks to USARK’s Rick Stanley, all reptiles have been removed from the list of species on West Virginia’s DWA Act.Shortly after 10:00 pm Saturday night (March 14), the WV Senate concurred in the House amendment passed earlier that week which removed venomous ...

Constrictor Rule Finalized

2015 Blog /
USARK Responds to USFWS Announcement on Constrictor Snakes March 6, 2015, Loxahatchee National Wildlife Center, FL - USARK President Phil Goss publicly spoke out against the FWS decision to add four species of snakes as injurious under the Lacey Act today. Goss was in attendance when the announcement was made by U.S. Fish and Wildlife Director Dan Ashe to finalize the Constrictor ...

EXPIRED: Deadline was August 1

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Download the sample comment letter at www.usark.org/library/wv-comment-on-proposed-rule-61-30-3/. (Just click the icon and it will download automatically). Open the file (Microsoft Word). Simply type in your name (for non-WV residents) or name and address (for WV residents). Save the file with your information. Send it as an attachment to these email addresses:  jodeemartin@wvda.us, governor@wv.gov, whelmick@wvda.us Write this as the subject line: “Proposed Rule 61-30: ...

EXPIRED: Deadline was August 1

Uncategorized /
Download the sample comment letter at www.usark.org/library/wv-comment-on-proposed-rule-61-30-2/. (Just click the icon and it will download automatically). Open the file (Microsoft Word). Simply type in your name (for non-WV residents) or name and address (for WV residents). Save the file with your information. Send it as an attachment to these email addresses:  jodeemartin@wvda.us, governor@wv.gov, whelmick@wvda.us Write this as the subject line: “Comment on Proposed ...

EXPIRED: Deadline was August 1

Uncategorized /
West Virginia residents: Download the sample comment letter at www.usark.org/library/wv-comment-on-proposed-rule-61-30-1-2/. (Just click the icon and it will download automatically). Open the file (Microsoft Word). Simply type in your name (for non-WV residents) or name and address (for WV residents). Save the file with your information. Send it as an attachment to these email addresses:  jodeemartin@wvda.us, governor@wv.gov, whelmick@wvda.us Write this as the subject ...

West Virginia DWA

2014 Blog /
WV Dangerous Wild Animals Act Deadline August 1 at NoonUpdated Often Update 7/28/14: Thanks to grassroots efforts in WV, hundreds of residents have already contacted officials and made an impact. Now is the time for another push of comments. The deadline is August 1 at noon. The fight continues... Click here for Action Alert 2 Click here for Action Alert 3 Click ...

HSUS wants Americans to Lie to the U.S. Government

2014 Blog /
The Humane Society of the United States (HSUS) is doing very little to help dogs and cats, although their misleading advertising would have you believe otherwise. Instead, they have been busy spreading propaganda and HSUS President Wayne Pacelle is even asking HSUS followers to join in and lie to the U.S. Government by sending their sample letter. If HSUS commits ...

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2014 Blog /
CALL FOR SCIENTIFIC INFORMATION As USARK announced, the U.S. Fish and Wildlife Service (FWS) has reopened the comment period on its proposal to list as “injurious” under the Lacey Act five of the species of constrictor snakes that were not included in the 2012 listing of the Burmese python and others. Specifically, these species are: Reticulated python (Python reticulatus), DeSchauensee’s ...

Pyxis Tortoises

2014 Blog /
Potential ESA Listing of the Spider and Flat-tailed Tortoises The U.S. Fish and Wildlife Service (FWS) has made a 90-Day Finding that the listing of the Spider tortoise (Pyxis arachnoides) and the Flat-tailed tortoise (Pyxis planicauda) as threatened or endangered under the Endangered Species Act may be warranted. This includes all subspecies. If you have business, scientific, or display interests ...

Constrictor Rule

2014 Blog /
View USARK's Constrictor Rule comment at www.usark.org/wp-content/uploads/2014/07/USARKs_July_2014_Comments_on_Snake_Listing_Proposal_v4-Final.pdf. Frequently Asked Question (FAQ) Q. What is this?A. This is known as the 'Constrictor Rule.' This rule has previously listed species of constrictor snakes as injurious under the Lacey Act. That makes interstate transportation/commerce and importation illegal.Q. Is this same as the Burmese python listing?A. There were 9 species originally proposed. Four species were listed and the rule remained ...

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2014 Blog /
Constrictor Rule Comment Reopens Request an Extension for Comment Now Deadline is July 24: Fish and Wildlife Service (FWS) is taking additional comments regarding listing five species of snakes (Boa constrictor, Reticulated python, DeSchauensee’s anaconda, Green anaconda and Beni anaconda) as injurious under the Lacey Act. These species were originally proposed in 2010. If listed, FWS would ban interstate transportation/commerce and importation. Remember to be professional and ...

Lawsuit and Constrictor Rule Updates 6.24.14

Uncategorized /
Constrictor Rule Comment Reopens FWS is taking comments regarding listing five species of snakes (Boa constrictor, Reticulated python, DeSchauensee’s anaconda, Green anaconda and Beni anaconda) as injurious under the Lacey Act. This would ban interstate transportation/commerce and importation. Essentially, these species would vanish from the pet community and you may lose your freedom to keep them as pets. Remember to ...

Constrictor Rule Update

Uncategorized /
Constrictor Rule Comment Reopens The notice will publish tomorrow (6/24/14) announcing a 30-day comment period. Comments will have a deadline of Thursday, July 24. This comment period relates to Boa constrictors, Reticulated python, DeSchauensee’s anaconda, Green anaconda and Beni anaconda. These species were not included in the 2012 rule and remain in limbo as the rule has not been finalized.USFWS is ...

Lawsuit Update 6.13.14

2014 Blog /
Lawsuit Update On Wednesday, June 11, USARK filed its opposition to a motion by FWS to dismiss its lawsuit. USARK has challenged the Service's listing of the Burmese python, Indian python, Northern African python, Southern African Python and Yellow anaconda as "injurious" under the Lacey Act. For many reasons, including the bad science used to justify the listing that was not properly peer-reviewed, the species ...

Federal/State Updates, Events and More

2014 Blog /
Lawsuit Update In case you missed the last update, USFWS has renewed its motion to dismiss in response to the amended complaint filed by USARK, as expected. FWS has again challenged USARK’s National Environmental Policy Act (NEPA) standing by demanding more substantiation than the law requires. They have also proposed that the statute of limitations has expired. This statute is set at a six-year time ...

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2014 Blog /
Lawsuit Update USARK has filed our amended complaint for injunctive and declaratory relief. You can view the file at www.usark.org/wp-content/uploads/2014/05/First-Amended-Complaint.pdf. We will have additional updates as they become available. Pro-Herp Radio Show Brandon Fowler from Roaming Reptiles will be on the Inga Barks radio show this Monday (May 12) at 4:00 PM/PST. He will have his educational animals on the show and will speak ...

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2014 Blog /
ALERT: Illinois SB 902 SB 902 is a pro-herp bill that has the support of Illinois herpers. This bill was tabled at the May 6 hearing and has been rescheduled for May 13. The "Herptile-Herps Act" would move herps into their own area of the code and would take precedence over other Illinois laws and enforcement regarding herps. This bill will not pass ...

Lawsuit Update, Illinois Bill, Salmonella… 4.27.14

Uncategorized /
Lawsuit Update On 4/26/2014, the Court denied the Government's motion to dismiss and is allowing USARK the opportunity to file an amended complaint. In other words, the case will not be thrown out and will proceed: "Accordingly, Defendant's Motion to Dismiss is hereby DENIED without prejudice." This filing can be viewed at www.usark.org/wp-content/uploads/2014/04/Lawsuit-Update-4.26.14.pdf.Our amended complaint must be filed by May 9, ...

Louisiana SB 631

Uncategorized /
Louisiana SB 631 would require anyone seeking to receive a turtle farming license to first complete a three 3-year apprenticeship from a currently licensed Louisiana turtle farmer. The bill was introduced in the Senate on 4/1/14. You can read the text of the bill at http://www.legis.la.gov/legis/ViewDocument.aspx?d=889169. You can follow the bill status at http://www.legis.la.gov/legis/BillInfo.aspx?s=14RS&b=SB631&sbi=y. Current law already requires the below to receive a ...

Illinois Herptiles Act

2014 Blog /
Status: Signed into law by Governor. Effective 1/1/15. (View the final text HERE.) 6/27/14: Sent to Governor. 5/30/14: Passed Concurrence in Senate. Vote of 51-1. It has now passed both houses and awaits signature by Governor Quinn. 5/19/14: Passed in the House with a vote of 87 to 23 after a short debate. It will now go back to the ...

3.19.14 FWS Reply to USARK Opposition

2014 Blog /
FWS has filed their reply to support their motion to dismiss USARK's complaint. Below is a summary, as well as what will happen next. The reply can be found at www.usark.org/wp-content/uploads/2014/03/3.19.14-FWS-Reply-Dkt_17_Governments_Reply_re_MtD.pdf. Lacey Act Claim, Arbitrary and Capricious (Count 4) The government has backed off its contention that USARK lacks standing under the Lacey Act. All FWS now states is that USARK’s complaint must be ...