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united states herpetoculture alliance search primary menu skip to content about us about herp alliance contact us mission statement what is herpetoculture? links mailing list position statements update: dangerous animal legislation 2015 rescue resources animal rights and environmental groups federal issues library search for: federal issues catx — quiet storm of lacey act overreach november 30, 2015 herp alliance leave a comment captive bred reticulated python in an unprecedented move, the u.s. fish and wildlife service has empowered itself to shortcut the rule making process under the lacey act in order to more easily and arbitrarily declare “injurious wildlife” listings, and making way for the potential mass listing of species. known as catx, this newly enacted rule will negatively impact zoos and aquariums, research facilities, tv and film, aquaculture, herpetoculture, and the pet trade. what is a categorical exclusion (catx)? the u.s. fish and wildlife service (fws) states: a categorical exclusion is a class of actions under the national environmental policy act (nepa) that do not individually or cumulatively have a significant effect on the human environment. under nepa, federal agencies are required to consider the potential environmental impact of agency actions prior to implementation. agencies are then generally required to prepare either an environmental assessment (ea) or an environmental impact statement (eis). however, when a federal agency identifies classes of actions that under normal circumstances do not have a potentially significant environmental impact, either individually or cumulatively, the council on environmental quality (ceq) regulations allow the agency to establish a categorical exclusion and to bypass the completion of an ea or an eis when undertaking those actions. read more here… share this: facebook twitter google pinterest email linkedin andrew wyatt categorical exclusion injurious wildlife list lacey act federal issues usark and the preliminary injunction may 20, 2015 erika leave a comment the us herpetoculture alliance is getting a lot of private inquiries with questions regarding the preliminary injunction that was entered by the hon. randolph moss on may 19th in lawsuit captioned as united states association of reptile keepers, inc. v. the honorable sally jewell et al., civil action 13-2007 (rdm). the may 19, 2015 order by judge moss (the “preliminary injunction”) states in pertinent part that: effective june 2, 2015, the us fish and wildlife service (“fws”) is enjoined (stopped) from enforcing the final rule promulgated march 10, 2015 (the “2015 rule”), 80 fed. reg. 12,702 (march 10, 2015) against any plaintiff or member of usark as of april 8, 2015 with respect to transporting a reticulated python and/or green anaconda between any two states within the continental united states other than texas and florida, and with respect to transporting a reticulated python and/or green anaconda from either texas or florida to any state within the continental united states other than texas and florida. this injunction does not prohibit , among other things, enforcement activity targeting importation of any listed species from the march 10, 2015 final rule into the united states from a foreign nation; enforcement of any activity targeting any transportation of the beni anaconda or deschauensee’s anaconda; enforcement activity predicated on a violation of the law of any state pursuant to 16 u.s.c. § 3372(a)(2); enforcement activity targeting transportation of any species between the district of columbia, hawaii, puerto rico, or any territory or possession of the united states and any state within the continental united states. click this link for the full text of the preliminary injunction . judge moss also issued a memorandum opinion , which sets forth his legal reasoning. it is the order that enjoins fws, not the memorandum opinion . herp alliance’s formal opinion on this matter is set forth below. herp alliance congratulates usark on this significant milestone . while the case is not over, preliminary injunction is considered an “extraordinary remedy never awarded as of right. in each case, courts must balance the competing claims of injury and consider the effect of granting or withholding the requested relief, paying particular regard to the public consequences.” to be clear: this is a huge win for the reptile nation. the preliminary injunction applies to usark members as of april 8, 2015 . if you were not a formal member on that date, we recommend against claiming membership based on donation status. usark will lose credibility (and may be committing fraud) if it now claims to have thousands of members who did not apply for membership between april 8, 2014 and april 8, 2015. the lacey act carries criminal penalties. herp alliance recommends against risking criminal penalties in order to take advantage of the preliminary injunction. usark is not at fault for the limited scope of the preliminary injunction. judge moss is the ultimate arbiter of this lawsuit. usark sought a blanket injunction against fws in terms of enforcing the final rule. the fact that it was granted at all is a victory. the battle is not over. support usark now . the humane society of the united states and the center for biological diversity have filed motions seeking to intervene as defendants on the side of fws. there is a lot of legal runway ahead of us and usark will need all the donations it can get for the battles ahead. share this: facebook twitter google pinterest email linkedin lacey act usark lawsuit usark preliminary injunction usark v. jewell et al. action alerts , federal issues , general news , state issues american bar association recommends constrictor ban february 10, 2015 erika 14 comments the us herpetoculture alliance reported on september 1, 2014 that the animal law committee of the american bar association (aba) had taken a stand against “dangerous wild animals,” recommending a ban on the private ownership of all large constrictors, venomous snakes and crocodilians. today, the aba house of delegates approved aba animal law committee resolution 105 , urging the passage of laws that “prohibit, the possession,sale, breeding, import, or transfer of dangerous wild animals.” resolution 105 states that: “dangerous wild animals do not make good pets. only through private prohibition can there exist a uniform u.s. legal regime that safeguards the public, protects animals, allocates legal liability and insurance risk properly, furthers a policy of respect for nature, and considers the interests of present and future generations in accordance with the goals of the american bar association.” aba’s list is broad and over-inclusive, and it has defined “dangerous wild animals” to include, among multiple species of mammals, the following reptiles: all species of alligators, crocodiles, caimans, gharials. family atractaspidae: all species, such as mole vipers. anacondas (genus eunectes), boa constrictors (boa constrictor), burmese pythons (python molurus), reticulated pythons (python reticulatus), amethystine pythons (morelia amethistinus), scrub pythons (morelia kinghorni), northern african pythons (python sebae), southern african pythons (python natalensis). family colubridae: boomslangs (dispholidus typus), twig snakes (genus thelotornis). family elapidae: all species, such as cobras, mambas, and coral snakes. family hydrophiidae: all species, such as sea snakes. family viperidae: all species, such as rattlesnakes, pit vipers, and puff adders. the report presents new problems for all exotic animal owners and keepers, including reptile owners. the report states that, “the american bar association urges all federal, state, territorial, and local legislative bodies and/or governmental agencies to enact comprehensive laws that prohibit the private possession, sale, breeding, import, or transfer of dangerous wild animals, such as big cats, bears, wo

URL analysis for usherp.org

http://usherp.org/tag/reptile-ban/
http://usherp.org/2015/02/03/kansas-seeks-to-ban-venomous-snakes-sb-132/?share=email
http://usherp.org/2014/12/18/dunedin-votes-to-kill-snake-ban/?share=linkedin
http://usherp.org/2015/02/03/kansas-seeks-to-ban-venomous-snakes-sb-132/?share=linkedin
http://usherp.org/comments/feed/
http://usherp.org/2015/01/20/nc-reptile-ban-hsus-dangerous-wild-animals/?share=facebook
http://usherp.org/2014/12/03/reptile-ban-in-dunedin-florida-unconstitutional/?share=email
http://usherp.org/page/2/
http://usherp.org/2014/12/03/reptile-ban-in-dunedin-florida-unconstitutional/?share=twitter
http://usherp.org/#cancel
http://usherp.org/2015/05/20/usark-and-the-preliminary-injunction/
http://usherp.org/2015/11/30/catx-quiet-storm-of-lacey-act-overreach/#respond
http://usherp.org/legal-resources/opponents-of-herpetoculture/
http://usherp.org/tag/texas-house-resolution-251/
http://usherp.org/tag/representative-susan-king/

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Domain Name: USHERP.ORG
Registry Domain ID: D166998246-LROR
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Registrar URL: http://www.whois.godaddy.com
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Creation Date: 2012-10-31T13:16:14Z
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Domain Status: clientRenewProhibited https://icann.org/epp#clientRenewProhibited
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Name Server: NS43.DOMAINCONTROL.COM
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  REFERRER http://www.pir.org/

  REGISTRAR Public Interest Registry

SERVERS

  SERVER org.whois-servers.net

  ARGS usherp.org

  PORT 43

  TYPE domain

DOMAIN

  NAME usherp.org

  HANDLE D166998246-LROR

  CREATED 2012-10-31

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NSERVER

  NS43.DOMAINCONTROL.COM 97.74.101.22

  NS44.DOMAINCONTROL.COM 173.201.69.22

OWNER

  ORGANIZATION Domains By Proxy, LLC

ADDRESS

  STATE Arizona

  COUNTRY US

  REGISTERED yes

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