Dec 19, 2013 | 2013 Blog

USARK Takes Action

The United States Association of Reptile Keepers filed suit in the U.S. Federal Court against the U.S. Department of the Interior, challenging the Lacey Act listing of four species of constrictor snakes as “injurious.” This is a powerful day for the Reptile Nation, as we fight to protect your rights to pursue your passion and defend your businesses against unwarranted and unnecessary government intrusion.

USARK has been planning and laying the legal groundwork for months to ensure the strongest case possible. Our key objective is to challenge the listing of four species of constrictor snakes as injurious under the Lacey Act and put the government on notice that we intend to challenge any additional listings, including Reticulated pythons and Boa constrictors. As an established trade association, USARK has the legal standing necessary to mount this challenge and provide the best advocacy and representation possible.

The decision to move forward was not made lightly, however, after extensive legal analysis and planning by the USARK Board and our legal team at Kelley Drye, USARK determined it was not in the best interests of our community to sit back and wait until a final determination is made on the “Constrictor Rule” and hope for the best. The challenge will be litigated by a team of Kelley Drye attorneys with extensive experience in regulatory challenges and administrative law. Kelley Drye is the most qualified team to tackle this and their documented success with animal-related issues is the reason they represent USARK.

Key elements of the suit include the government’s failure to respond to challenges to the underlying science relied on by the U.S. Fish and Wildlife Service as required by the National Environmental Policy Act (NEPA), as well as the question of whether the Lacey Act can be used to restrict interstate commerce in listed species. USARK has invested heavily to establish a strong record to support this legal challenge, dating back to the initial challenge to FWS’ inadequate economic impact analysis. USARK commissioned the Georgetown Economic Services (GES) study and brought our case to the Small Business Administration’s Office of Advocacy and the Office of Management and Budget.

In April of 2013, USARK presented the Fish and Wildlife Service (FWS) and Department of the Interior (DOI) with a 30+ page detailed letter demonstrating the Service’s many failures to meet its legal duties under the National Environmental Policy Act (NEPA) and other laws. The letter highlighted flaws and manipulation of the science used to list four species of snakes as injurious. No fair examination of the evidence can support a ban on these species based on their potential invasive nature. USARK’s letter served notice to FWS that it cannot continue with listing the remaining five snakes without reopening comment and considering new science and information.

This battle will be expensive and we must continue to secure funding. USARK appreciates all donations as this fight and our continued battle against anti-reptile legislation would not be possible without your support. Donations can be made directly on the USARK website at https://usark.org/reptile-defense-fund-2/.

You may also mail checks made out to USARK to:

USARK Reptile Defense Fund
3650 Sacramento Drive
San Luis Obispo, CA 93401

USARK will keep you updated as information becomes available. Without your support since 2008, USARK and the herp community would not be capable or prepared to tackle this fight. We were treated unjustly and now we will prevail.

Brief Explanation of Action

Regulatory litigation begins by a plaintiff, here USARK, filing a “complaint.” The government denies the claims in its “answer” and subsequently produces the record on which the rule was based, including the rule, comments, analyses, and like materials. Parties establish a schedule for filing motions for “summary judgment” (briefs arguing the law and that facts favor their position) as well as briefs in response. The court usually hears argument lasting half an hour or more, but there is no trial in the commonly understood sense. Afterward, the case is “submitted” and decision rendered. There is no set timeframe for the judge to issue an opinion. It is also possible, due to the subject matter of this case, that other interested parties may seek to intervene or file “friend of the court” briefs in support of either side, which will also be considered in the decision. View the filed complaint at https://usark.org/wp-content/uploads/2013/12/USARK-2013-Constrictor-Complaint.pdf.

Fundraising Acknowledgments

At this time, we would like to recognize Jordan Russell and Myke Clarkson who organized an online auction at Reptile And Amphibian Charity Auctions (RAACA). They were able to collect 107 donations and raise over $41,000 to benefit the USARK Reptile Defense Fund. They also raised over $4,000 earlier in the year to benefit USARK and have held fundraisers for other non-profits such as Forever Wild Exotic Animal Sanctuary. Myke and Jordan are shining examples of people working to make the herp community stronger and united. They were aided in the last auction by Tammy Russell, Rebecca Clarkson, Mike Torosian and Linda Davison. Below is a list of donors to this auction and another auction may be scheduled in early 2014. Follow their page for updates. Huge thanks to all involved from USARK!USARK appreciates all donations and fundraising to date. The herp community will be successful with similar ongoing efforts. We will continue to supply updates and recognition to as many contributors as possible. We understand that USARK and our fight against anti-pet groups is not possible without your support. Now, more than ever, it is important to strengthen your herp community.

RAACA Auction Donor list: Ty Park, Tom Crutchfield, Michael Cole of Ballroom Pythons South, Brian Potter of Chicago Reptile House/NARBC, Kristopher Brown of Vital Exotics, Russ Gurley of TTPG, Manny Frade of Perfect Predators, Sean Bradley of Exotics by Nature, Donnie and Michelle of PrimaReptilia, Nadilyn Beato – Wildlife Illustrator, Shane Castello of SCConstrictors, Christopher & John Link of Big Sexy Geckos, John Chang, Debbie Swiechowicz of JJ Reptiles, Dan Gilbides, Manuel Hernandez, Eric Nielsen of New Scale Herpetoculture, Anna Mcnamara Kropp, Ben Renick of Renick Reptiles, Kyle Frost of The Reptile Shop, Travis Kubes , Michael Wenninger DVM, Brad Chambers, Charlene & Austin Payne, Kasey Cabral, Leo Gonzalez, Jason Wilbur, Ralph Tran, Rick Gravely, Gecko Boa Reptiles, Susan Hardy of Hardy Reptiles, Jason Angel, Lindsay Stone of Noble Exotics, Jonathan Foote, Benjamin Marcotte, Josh Marki of Marki Reptiles, Joseph Lopez, Travis of Reptiles Inc., Matthew Schaefer of Reunion Reptiles, Mark Pollard, Jennifer Nicolaides Johnson, Jeff Hagen, Jordan Russell, Mike Torisian, Heather’s Herps, Erik Keyster of Fascination Herpetoculture & Imports, Scott Austin Reptiles, Dennis Blankenship of Magical Geckos, Paul Kent, Protean Terrariums, GBU Enterprises, Lonnie Cornell, Michelle Verheyden, Twin Cities Reptiles, Winters Reptiles, Todd & Cindy McDannell of Gecko Haven, Michael Dee, Shannon Hammer, Ryan Vince Photography, Sam Garcia Jr. of Scālz Fine Art, Kris Haas – Photographer foreverwild, Amanda Rose Wanner, Kayla Reza and Dalton Ridgeway, Reptile AVE, John Cashman, Daniel Solis, Linda Davison of Sticky Tongue Farms, Phil Goss of Goss Reptiles, Michael Thathuvaswamy, Underground Reptiles, The Rodent Barn

Donor Acknowledgments
This is continually updated and can be viewed HERE

Zoo Med via Gary Bagnall (www.ZooMed.com)
$50,000
The Boaphile via Jeff Ronne (www.TheBoaphile.com)
$5,000
The Reptile Super Show via Ramy Guirguis (www.ReptileSuperShow.com)
$5,000
The Gourmet Rodent via Bill Brant (www.GourmetRodent.com)
$5,000 and Male Highway Ball Python ($10,000 retail) to be auctioned
The Reptile Report and ShipYourReptiles (www.TheReptileReport.com and www.ShipYourReptiles.com)
$10,000
Ralph Davis Reptiles via Ralph Davis (www.RalphDavisReptiles.com)
$5,000
LLLReptile and Supply via Loren Leigh (www.LLLReptile.com) $5,000
Russ Gurley
$2,500
BHB Reptiles via Brian Barczyk (www.BHBreptiles.com)
$1,000 + 10% of January Sales
Reptile And Amphibian Charity Auctions via Jordan Russell and Myke Clarkson  at (www.facebook.com/groups/RAACAUCTIONS/)
$41,000+
Ballroom Pythons South via Michael Cole
$2,500 and 1.1 Boelen’s Pythons to RAACA Auction
 
Upcoming Events

Reptile Super Show: January 4-5, 2014 in Pomona, CA. This will be the largest and best Reptile Super Show as it takes over an even bigger venue. Be sure to attend the USARK benefit auction on Saturday night following the reptile show at the Sheraton Fairplex host hotel. Get details at http://reptilesupershow.com/los-angeles/.

Bowling with Barczyk: Attend a bowling fundraiser featuring Brian Barczyk (BHB Reptiles and Snakebytes.tv), Ton Jones (Auction Hunters), Loren Leigh (LLLReptile and Supply), Robyn Markland (The Reptile Report/ShipYourReptiles.com) and other industry notables. Tickets are available now and spots are limited. Proceeds will be split between the Southern California Herp Association and Rescue (SCHA&R) and USARK. The event will be held on Monday January 6, 2014 (the Monday following the Reptile Super Show) in Fullerton, CA. Get more details at https://www.facebook.com/bowlingwithbarczyk.

Rico Walder Benefit Auctions: iHerp continues to show their generosity by sponsoring online auctions to benefit Rico Walder of Signal Herp and his continued battle against brain cancer. Please visit the link to bid and follow upcoming auction announcements. Thank you iHerp and continued best wishes to Rico. View the auctions at http://www.iherp.com/Reptiles/Auction/.

Best of 2013 Awards!: The Reptile Report is holding their second annual Best of Awards. This is a huge event covering 81 categories to promote and recognize excellence in the herp community. Nominations run Nov. 12-30 and voting is Dec. 2-30. Just go to this link, nominate your favorites and follow the awards. https://www.facebook.com/media/set/?set=a.452174494894432.1073741834.159931317452086&type=1
 
Limited edition USARK t-shirt available only with paid registration to the Bowling with Barczyk event. Click photo for details.
















Green tree python pendant sculpted by Kristina Lucas Francis to benefit Rico Walder. The pendant is made of resin and hand painted in an antiqued metallic finish. Click photo for more information and to bid.

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