jw
Junior Member
Posts: 43
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Post by jw on Sept 8, 2012 7:58:15 GMT -8
Hello, I think I have read before that it is illegal in the United States to cross an insect across state lines when it isn't native to that state. For example; If I wanted to buy a Dynastes granti from someone in arizona (The state D.granti are native to) and have it shipped to an east coast state where they are not found is that illegal? I want to sell Dynastes granti, Dynastes tityus, and Lucanus elaphus in West Virginia, Virginia, and maybe Pennsylvania at a reptile expo. Would this be legal? This link say lucanus elaphus is found in all three of those states so they would be legal right? bugguide.net/node/view/3105With tityus some links say WVA and VA but not PA bugguide.net/node/view/2877/dataWhile others include PA bugguide.net/node/view/2877#rangeAnd granti are not found in any of the 3 states but would it be legal to sell it in them still? Thanks for any help, JW |
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ckswank
Full Member
Posts: 239
Country: USA
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Post by ckswank on Sept 8, 2012 10:21:52 GMT -8
I believe you are correct about transporting live specimens of a species into another state where they are not native. I think it falls under the jurisdiction of the USDA to prevent potential crop & forest pests from establishing themselves elsewhere. I imagine to do so legally, you would need a permit which probably have to be issued through a scientific or educational institution. I don't know what the penalties would be if a person were to get caught, but I don't think I would want to find out!
Charlie
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Post by admin on Sept 8, 2012 10:39:01 GMT -8
Assuming you are talking about LIVE specimens, right? In this case, yes. But the way I understand it the buyer needs the permits to bring the animals into his state, not the seller. And I don't think the buyer has to be a scientific or educational institution. Private parties can get the permits. You'll have to check with the USDA.
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ckswank
Full Member
Posts: 239
Country: USA
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Post by ckswank on Sept 9, 2012 18:31:28 GMT -8
JW - I was assuming you were inquiring about "LIVE" insects as well. Dead ones should be OK without any kind of permits or restrictions. I think Clark is right about private parties not having to belong to an institution. I think this is more for imported live exotics. I think you can get the info from the USDA website for the form that needs to be filled out for live natives.
Charlie
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Post by mygala on Sept 13, 2012 18:22:38 GMT -8
Unless the species involved are specifically addressed in the importing state laws, or unless the species is specifically addressed by USDA regulations, or unless the species in question is a USFWS listed Injurious Species, there should be no problems. Just generically transferring one species from state to state is not illegal.
But again, some importing states (like FL or CA) have some pretty serious laws about bringing non-natives in. Most other states don't address it.
With the species and states you mentioned, I don't think you'll have any problems.
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Post by boogtwo on Sept 15, 2012 9:53:28 GMT -8
It is always best to go to USDA APHIS and read ALL the laws yourself. They now run the shooting match, and with gusto. Back in my most active years US Fish and Wildlife Law Enforcement took the lead. Long gone are the days when you could freely exchange/transfer livestock or papered specimens from any place in the world with very few hassels, including regulated species if you had the right permits. I also did field work in Nat'l Parks with permits not that hard to obtain back then, and all free of charge. Lepidoptera is my main thing, Coleoptera a small secondary. So what I read APHIS for is the leps, and I still have all the USFWLE manuals from the 70's, 80's and 90's I think. APHIS has a state chart for which of the 8 species (if I remember) of Lep livestock can be transfered to what states legally. None of the other species can without a permit that can cost plenty from them. No idea if they have similar for Coleoptera though.
FWIW -YMMV
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