FRT Restrictions
- Thread starter rottbo
- Start date
As Phil correctly stated, the importation and interstate sales of FRTs in the U.S. are governed by the provisions of the Lacey Act. The Lacey Act prohibits the importation and interstate sales of species that are protected by international law or laws of other countries. FRTs are regulated both by international law (CITES) and by laws of other countries (Australia, Papua New Guinea, and Indonesia). FRTs are listed under CITES Appendix II as of late 2005. Australia and PNG have outright prohibitions on exports of FRTs. Indonesia allows exports of captive hatched FRTs only.
As a moderator at another fish forum, I spoke with a U.S. Fish and Wildlife Service agent who contacted us regarding FRT sales. Specifically, an agent from the USFWS Enforcment Office in Arlington, VA, informed me that USFWS' position was that all FRTs in the U.S. are "illegally imported." Technically, that's not entirely true, however. If you plan to purchase or import FRTs into the U.S., you must be able to demonstrate compliance with the Lacey Act by showing proof of compliance w/ CITES and Indonesian law (since the other two countries don't allow exports at all). The problem is that most FRTs already in the U.S. have no such documentation, likely because the CITES listing only occurred in 2005, so earlier specimens weren't under CITES regulation and, therefore, subject to the need for CITES certification. USFWS has the statutory duty of enforcing the Lacey Act and, in that capacity, their determinations, whether valid or not in our views, are entitled to deference as are all administrative agency actions that are within an agency's statutorily prescribed duties. Therefore, rgardless of whether USFWS' position is technically accurate, our forum elected to prohibit FRT sales in the U.S. based on that contact with USFWS.
As a moderator at another fish forum, I spoke with a U.S. Fish and Wildlife Service agent who contacted us regarding FRT sales. Specifically, an agent from the USFWS Enforcment Office in Arlington, VA, informed me that USFWS' position was that all FRTs in the U.S. are "illegally imported." Technically, that's not entirely true, however. If you plan to purchase or import FRTs into the U.S., you must be able to demonstrate compliance with the Lacey Act by showing proof of compliance w/ CITES and Indonesian law (since the other two countries don't allow exports at all). The problem is that most FRTs already in the U.S. have no such documentation, likely because the CITES listing only occurred in 2005, so earlier specimens weren't under CITES regulation and, therefore, subject to the need for CITES certification. USFWS has the statutory duty of enforcing the Lacey Act and, in that capacity, their determinations, whether valid or not in our views, are entitled to deference as are all administrative agency actions that are within an agency's statutorily prescribed duties. Therefore, rgardless of whether USFWS' position is technically accurate, our forum elected to prohibit FRT sales in the U.S. based on that contact with USFWS.
F
FishHeadSoup
Guest
F
FishHeadSoup
Guest
What kind of proof? Proof that you obtained the FRT prior to the CITES listing alone won't be enough to satisfy USFWS. That only addresses the international laws provisions of the Lacey Act. According to the USFWS representative with whom I spoke, you'd have to have proof that the FRT was not imported in violation of the Lacey Act provisions regarding laws of other countries. In other words, do you have proof that the FRT was exported from Indonesia in accordance with their export limitations, i.e., that the FRT was captive-hatched?rayman45 said:
Again, these aren't necessarily my views, just those of the USFWS agent with whom I spoke. She specifically called our forum regarding this issue.
