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Lacey Act
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by kacz on May 14, 2007
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I was just wondering if the Lacey Act was the statute by which the protection of CITES, Federal and State protected animals is enforced? The Act uses “knowingly” as its standard of culpability. However, an often cited maxim is “ignorance is no defense”. Also, even though the act is meant to stop trafficking, simple possession puts you in violation. If the above assumptions are true, then that is an awful lot of firepower that could be brought to bear by a zealous prosecutor. It is a tremendous liability to a collector that makes an honest mistake of ignorance. Any comments or clarifications out there?
Paul M. Kaczmarczik
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RE: Lacey Act
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by Cro on May 15, 2007
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Paul, the way I understand the Lacey Act, is that is a free standing act, seperate from the CITES, Federal, and State Laws. It has mostly been used for further prosecution concerning the Transport of Wildlife or Plantlife that was in violation of the above mentioned laws. Each of those laws have their own penalties for violation. Then the Lacey Act can be added on top of the other laws.
When you read the durn thing, you will see that it gives almost unlimited power to a Federal Prosecutor or Law Enforcement Officer. It reeks of homeland security and violation of Constitutional Protections.
Take a look at some of the wording in it at:
http://www.fws.gov/laws/laws_digest//lacey.html
Please understand that I do fully support the efforts of CITES, and Federal and State Wildlife Agencies in preventing the illegal trafficking of wildlife.
However, I would be willing to bet that the powers granted in this law would give many of the officers of the above agencies pause.....
As you have stated, over-zealous prosecutors, many who have political ambitions, are often the ones to abuse the power of laws like this one in an effort to further their own aspirations.
There are several Federal and State Wildlife Agents and Lawyers who happen to also be reptile keepers who are members of this site. Perhaps they will weigh in with their views on the wording in the Lacey Act, and if they know of it being abused in the past, and how it has been used.
Best Regards JohnZ
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RE: Lacey Act
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by tj on May 16, 2007
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"As you have stated, over-zealous prosecutors, many who have political ambitions, are often the ones to abuse the power of laws like this one in an effort to further their own aspirations. "
In this case, I would have to disagree. The general idea of the Act would be to protect certain species from making there way in or out of States where they are protected, and to keep them from being illegally collected and dispersed. Ie. You can own a massasauga in Florida, but not in New York. If someone was to send said snake to New York, or vice versa, they would be in violation of the Act. The only way someone in another state could legally send a massasauga to a state where it is illegal to keep them, is if the person sending has documentation that it is a captive bred snake, and the recipient is a holder of a permit to keep those animals. It would be the same for a gila in a restricted state, or any other animals.
I don't know if this makes any sense, but hope it does....a little.
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