Rick Stanley

Three days after Judge Moss ruled that he would be granting USARK a preliminary injunction, the Center for Biological Diversity (CBD) filed a joint motion along with the Humane Society of the United States (HSUS) to intervene in USARK’s case.

The extreme position of CBD had been announced promptly after the Lacey Act listing of reticulated pythons and three anaconda species by Collette Adkins, a CBD attorney and biologist focusing on reptiles and amphibians: "Unfortunately, it appears that the agency caved to pressure from snake breeders in its decision not to restrict trade in the boa constrictor — a snake that is clearly damaging to U.S. wildlife."

Governor Kasich, we are the "Snake People" -- also known as biologists, conservationists, and herpetologists!

All herpers, -- conservatives, liberals, moderates, independents, green party, and whatever else may be your affiliation -- must stand united to initiate the most vigorous grass roots campaign to publicly oppose the candidacy of Governor John Kasich (R-Ohio) for President of the United States.

In briefs and during recent hearings, United States Fish and Wildlife Service USFWS) informed the United States District Court for the District of Columbia that it would take 75 days to determine whether to appeal the preliminary injunction (PI) granted to USARK. However, the Federal Rules of Appellate Procedure appear to only provide 60 days in which a United States agency may file a Notice of Appeal. [Rule 4(a)(1)(B)(ii)] Nonetheless, USFWS requested a stay of the PI for 75 days.

In his order, United States District Court Judge Randolph D. Moss stayed most of the proceedings in the Federal District Court for 60 days or until the termination of any appeal of the PI. Judge Moss did not technically stay the PI, but he effectively did so temporarily by making the PI effective 14 days after his order, on Tuesday, June 2, 2015.

USARK and its lawyers worked at a frantic pace to get a nationwide preliminary injunction (PI) for every single responsible reptile keeper in the continental United States since the recent USFWS Lacey Act listing of reticulated pythons and three species of anacondas.

We submitted multiple legal briefs/memoranda to, and had several hearings before, the Federal District Court for the District of Columbia. Hundreds of hours from numerous individuals have been invested. I am not sure when Phil Goss sleeps!

In a short unreasoned response, USFWS refused an extension request of the effective date (April 9, 2015) of the Lacey Act listing of reticulated pythons, green anacondas, Beni anacondas, and DeSchauensees Anacondas.

USARK had requested an extension of the 30-day period from the date of the Lacey Act listing in the Federal Register.

The Humane Society of the United States (HSUS) has lobbied for dangerous wild animal bills in various states throughout the country. As we enter the legislative season in many states, it seems timely to review the stated position of HSUS regarding wild animals as pets.

The organization states it "strongly opposes keeping wild animals as pets." It defines wild animals broadly to include "any non-domesticated native or exotic mammal, bird, reptile, amphibian, fish, or invertebrate, regardless of whether the animal is wild caught or captive bred." Thus, HSUS considers most pets to be wild animals.

The owner of an exotic pet store in Campbellton, New Brunswick, Canada, was arrested on February 5, 2015, and then promptly released to face charges to be made public at a hearing to be held on April 27.

A statement released by the New Brunswick Royal Canadian Mounted Police (RCMP) disclosed the pending charges are in connection with the death of two young boys in the pet store owner’s apartment, which was above the store.

In 2014, West Virginia enacted a Dangerous Wild Animal (DWA) law that resulted in the proposal of a regulation/rule that would create an absurdly long list of DWAs. For example, the proposed DWA list initially included all turtles and salamanders (except native W. Virg. species).

Months of hard work by reptile, amphibian, and other exotic owners in the state and across the U.S. has resulted in an opportunity to overturn West Virginia's DWA Act. On the third day of the 2015 legislation session, four senators submitted SB 247 to repeal the DWA Act. One of these senators had voted in favor of the DWA law in 2014. In a single sentence, SB 247 will remove every single word of the DWA Act as if it never existed. That will be a turning point for state legislation.

An article about a supposed reptile ban has been making it's way around social media. It has a headline designed to frighten any herper: "BREAKING NEWS: NC Reptile Ban Legislation! HSUS to Push for Dangerous Wild Animal Legislation in NC; Boas, Pythons and Venomous at Risk." Sounds really ominous, doesn’t it?

The article was based on information posted on the website of Carolina Tiger Rescue (CTR), stating CTR will join with the Humane Society of the United States (HSUS) to introduce a bill that "bans bears, non-human primates, and wild cats." It further states this "legislation has nothing to do with farming practices. It is about bears, nonhuman primates, and wild cats. Not pigs. Not chickens. Not cows."

There's been a change of judges in the USARK v. USFWS lawsuit about listing big constrictors as injurious species.

The case was recently transferred to Judge Raymond Daniel Moss. He will be the third judge assigned to the case. In August, we had been informed that the case had been transferred from Judge Sullivan to the Honorable Reggie B. Walton. In the case of both transfers, it appears to be simply a matter of trying to distribute the judicial workload.

In March 2014, West Virginia enacted the Dangerous Wild Animal (DWA) law, which was lobbied for heavily by the Humane Society of the United States (HSUS) and its affiliated WV organizations.

Similar bills had previously failed in WV, dying in legislative committee and once progressing far enough to be vetoed by WV’s Governor. Although the state’s Governor vetoed a similar DWA bill in 2012, which veto occurred after the Zanesville animal release in 2011, he signed the 2014 DWA bill.