How to Violate the Lacey Act in One Move

[guidofatherof5]

The collection of restricted/protected/endangered native species garters may be illegal in your State. If done and you are convicted you may have a fine to pay and possibly could do jail time.
Now, take that native garter and transport it or cause it to be transported across State lines and you have now committed a felony under the Lacey Act. Receiving said snake is also a violation of Lacey.
Best we all be aware of the law.

[Jeff B]

Steve,
Curious what prompted this post? Do you have an example of a violation of this type?

[guidofatherof5]

It was prompted by my trying to save someone from making this mistake. I left it vague in the hopes the person will recognize that the example related to them. I will send a message to them to be sure they are aware of the situation. In general it was just a heads up to everyone in the commerce of garters to be sure they are doing things right. The Lacey Act has the ability to ruin one's life, business and future.

[Jeff B]

I'm pretty sure I know what you are referring to and I thought that maybe that was the purpose. Have you also considered that allowing posts soliciting illegal behaviors on a forum is also contributing/not discouraging said violations. I think there is some responsibility on the advertisement facilitator. Not pointing a finger, but there is opportunity for intervention (remove post) before good people accidentally make mistakes not knowing the rules.

[Majorica]

How do people check on these laws in their state?.

[Albert Clark]

Steve, the ""Lacey Act" encompasses "large constrictors" as the snakes on the list to be banned from interstate transportation. Burmese python, yellow and green anaconda, Northern and Southern African rock pythons, reticulated pythons and DeSchauensee's anaconda. The beni anaconda are all listed as injurious and invasive. The Boa Constrictor family was left off the final listing as of now but i am not quite sure if garter snakes were ever included under the "Lacey Act" legislation. They are definitely on the local, state and native species garters are protected. Some species of garter falls under Federal laws

[Albert Clark]

How do people check on these laws in their state?.
Firstly, join USARK (United States association of reptile keepers). Then look at the fish and wildlife association in your state for the listings they have of native species laws, keeping and breeding of snakes in the state.

[Albert Clark]

There are a couple of amendments to the Lacey Act that includes 72 species of primates and also the injurious listing of numerous salamanders. If you were a USARK member on or before April 8, 2015 you can obtain a letter from USARK that will allow you to recieve or transport reticulated pythons and green anacondas ONLY. Also the Brown tree snake and the Indian python are both another listed "injurious" restricted species.

[guidofatherof5]

Thank you Steve Schmidt for the link to the Lacey PDF.
http://nraac.org/pdf/2012USFWS_LaceyActPresentation.pdf
Page 11-18 is a good place to start.
http://www.thamnophis.com/thamphotos/data//744/medium/lacey.JPG

[Albert Clark]

Thanks, I have not yet recieved this info from USARK. I don't see that the language is clear and it sounds rather conflicted. But thank you anyway and I will look to see if there is some more info in those pages.

[guidofatherof5]

https://www.fws.gov/le/pdffiles/Lacey.pdf

[Albert Clark]

Thanks.

[guidofatherof5]

This predator has many tentacles.

[Albert Clark]

This predator has many tentacles.
Yeah, I see. Still don't see any dates on this. I guess we'll be hearing more from USARK on it in the upcoming weeks?

[guidofatherof5]

Yeah, I see. Still don't see any dates on this. I guess we'll be hearing more from USARK on it in the upcoming weeks?

I believe this is the current version of The Lacey Act, updated 6/22/16

[guidofatherof5]

I'm pretty sure I know what you are referring to and I thought that maybe that was the purpose. Have you also considered that allowing posts soliciting illegal behaviors on a forum is also contributing/not discouraging said violations. I think there is some responsibility on the advertisement facilitator. Not pointing a finger, but there is opportunity for intervention (remove post) before good people accidentally make mistakes not knowing the rules.

Yes, I think the page and its members should minimum alert admin to a possible problem. Advising the seller of possible liabilities is also another way to keep someone out of harms way. The hobby(reptiles) overall doesn't need any negative press or to supply ammunition to the groups that want to end it.

[Majorica]

Would there be any exceptions for rescued wild garters( see post on garter injured by a lawn mower) or garters such as albinos that wouldn't survive in the wild?.

[guidofatherof5]

From what I've read I'd have to say No(each State may be different) With that being said I'm not sure how many officers would make a deal out of it. As long as it's not a federally protected species. For those it is HANDS OFF!, photos only from a distance and no disturbing the species.

The codes are written to include a species by scientific name. Being a morph makes no difference to the law.