WTB Dwarf snakeheads

[Polypterus]

MD is the state that caused all this snakehead ban in the US and now they are changing the laws saying that you can keep certain ones? i mean, i was a marylander once, but thats just f'd up!

Actually is was an idiotic moron that released an exotic fish that caused the snakehead ban..To clarify what MD did: They had an emergency order that banned all species not a law. When the actual law was written they figured no need for the blanket ban (Lacey act killed them anyhow) so just went with argus and maculata for the books..

As stated above you can't buy, import or transport them anyhow under they Lacey act so in all reality unless you find someone in the state that will give them to you it is pointless anyhow.. even if they are legal to possess by state law.

 

[two_amen]

Maryland adjusted their earlier blanket ban to just Argus and Maculata after the federal ban went into effect.

What does this mean??? It means you can possess dwarf species in Maryland, However, You can not legally import them or transport them across state lines due to the Lacey act regulations.. You will have to find them only in Maryland (and prove it) to be legal and to avoid an up to $10,000.00 fine and five years in a federal prison..

TRUE STATEMENT - It means that we can posses all species of SH with the exception of Argus and Maculata.
I heard that there were already a couple inquiries by both VA and MD DNR looking for people moving SH between the state lines and possible Argus possession from the Potomac.
So be-careful my fellow SH keepers....
C

 

[JD7.62]

So this is what I am getting out of this PLEASE CORRECT me if Im wrong.

Federal law trumps state law, but according to the Federal law as I understand it written in the Lacey Act in post #7 by wizzin Channa are not illegal to possess but illegal to import (meaning no new Channa in the country), sell (you cant legally buy one from a person or buisness), or move across state lines. Baisically the Lacey Act says you can have one if you have one but you cant sell it, move across state lines with it or import more.

Bluepill, you didnt go to school enough. States do have rights but they can just ADD to existing federal laws or make new laws, but the state's new laws cant take away from existing federal laws. Most states (like mine) have outright banned the possession of the fish.

Are there any other states in the Country that have just banned certain species of channa? I know most states have banned all fish in the genus.

 

[Polypterus]

So this is what I am getting out of this PLEASE CORRECT me if Im wrong.

Federal law trumps state law, but according to the Federal law as I understand it written in the Lacey Act in post #7 by wizzin Channa are not illegal to possess but illegal to import (meaning no new Channa in the country), sell (you cant legally buy one from a person or buisness), or move across state lines. Baisically the Lacey Act says you can have one if you have one but you cant sell it, move across state lines with it or import more.

Bluepill, you didnt go to school enough. States do have rights but they can just ADD to existing federal laws or make new laws, but the state's new laws cant take away from existing federal laws. Most states (like mine) have outright banned the possession of the fish.

Are there any other states in the Country that have just banned certain species of channa? I know most states have banned all fish in the genus.

You have it correct JD.
The Lacey act is not a possession ban it is a law written to regulate commercial activity regarding wildlife. 50 CFR part 16 (invasive, injurious species) prohibits the import, export, interstate transport and sale of listed species.

States make their own laws regarding possession, transport and sale also and these laws if broken also triggers the lacey act in state listed species. Under the Lacey act violation of state wildlife law is a violation of federal law. Both the federal law and the state laws work together, if you violate state law regarding possession you are also violating federal law and can be charged on both accounts.

An example of this if you get nailed importing Stingrays into California. You get nailed under both laws not just the state law.

 

[wizzin]

first, from comment period for the policy when the act was proposed regarding this ban being the result of the Maryland incident.

Issue 6: Two respondents indicated
that the proposed listing of snakehead
fishes was based more on hype than
fact, and is an overreaction to media
attention.
Response: As a result of the discovery
of the bullseye snakeheads in south
Florida, the U.S. Geological Survey and
the Service began evaluating the risks
associated with snakehead fishes in
2001. Consequently, the injurious
wildlife listing was being developed
within the Service before the recent
media attention.
Outside of what is published in our
official press releases, the Service has
no control over what is published in the
media. We agree that some of the facts
have been exaggerated, and we have
taken measures to correct
misinformation that has appeared in the
media.

So FWS was looking at banning snakeheads before the big media hype of the Maryland incident. So the listing wasn't a result of one person in Maryland releasing the fish into a lake.

Second, from Maryland's DNR website:

" Is it legal to have a snakehead fish?

Currently, it is legal to possess live snakeheads in Maryland. The Department has proposed a regulation to prohibit the possession of any live snakehead including aquarium species. Public comment will be taken until August 9, after which the Department will decide to adopt as proposed or to re-propose an amended regulation."

found here: http://www.dnr.state.md.us/fisherie...aq.shtml#Is it legal to have a snakehead fish

I did, however find that you could posses any species of channa other than 1. Channa argus (northern snakehead); and
2. Channa maculata (blotched snakehead).
BUT, most of the other tropical species can't survive in MD waters over winter, so you would have to import the other species, which is still illegal.

found here: http://dnrweb.dnr.state.md.us/fish/2004snakehead_comment/