Australian Most Wanted....

I stand corrected. After rereading, The only place you could get rhizos from is Australia...but they're not native...so you are right. Jail time.
 
Not trying to overly dissect legalities but I was of the distinct impression that the ban was front-line in nature, ie, illegal to import/export. I don't know how successful rhizos are in a tank raised/bred environtment but one has to wonder if "jail time" is imminent in a possessive sense.

Perhaps my thinking is flawed......more reading.
 
I would imagine the average "hobbyist" could plead ignorance. But someone who procures alot might need to think twice.
 
The average ignorant hobbyist isn't going to pay +$200 for a coral that they know nothing about.

The only people who are buying rhizos know exactly what they are doing, and they don't care.

Something tells me that the gov't doesn't care what you "plead". Either you are guilty or not. If you have an illegal coral, you are guilty
 
Ripped Tide;798602 wrote: The average ignorant hobbyist isn't going to pay +$200 for a coral that they know nothing about.

The only people who are buying rhizos know exactly what they are doing, and they don't care.

Something tells me that the gov't doesn't care what you "plead". Either you are guilty or not. If you have an illegal coral, you are guilty

You kidding me with this statement? Aren't the ignorant hobbist the ones that usually over pay???
Don't care? What kinda load of crap are you smoking nowadays. This saying infuriates me. Get off your high horse man. Just because it's within the limits of the law you think you care more than others? You blew up a reef and trapped fish to create your tank. Of a 100 customer that buys fish and coral, how many do you think will successfully keep EVERYTHING they bough alive. You're in a business where you depend on the failure of hobbist to survive.
Ignorance doesn't give you inncocence I agree, but what am I guilty of? what law is being broken when rhizo are own and sold AFTER it clears customs?
This conversation started off with corals we love, not some ridiculous legality issues. FFS...
 
I, personally, don't mind who owns what. If someone wants a white tiger, and have means to get and house one, go for it! That's all up to them. I doubt the govt will come knocking on the door of rhizo owners. But, if someone did get caught, I doubt the law man would accept the plea of ignorance. We should advocate, whether you practice it or not, safe/legal reef keeping. I certainly don't agree with all the things that collectors and hobbyist do.
 
This statement is like a fail attempt to mediate the early statement where it seems that you lump owners of rhizos with weed heads and crack heads. I still don't see where it's illegal to own. And didn't you want one a while back, and don't claim ignorance.
 
Yeah, I wanted a rhizo. Too pricey and too much trouble to find IMO. If I got caught, I didn't want to pay the fines,
 
Can you humor me and show me where the penalties for owning one can be found?
 
I don't know the penalties, hadn't really looked em up. Jeremy might know.

I assume there is just a fine. I don't know about the whole "jail time" part.

My comment earlier was "if the government catches you, they don't care what you tell them, they'll probably crack down, no matter the reason." I don't agree with the logic behind a lot of the govt bs, but there's not much I can change about how the lawman see's things
 
Ripped Tide;798667 wrote: Yeah, I wanted a rhizo. Too pricey and too much trouble to find IMO. If I got caught, I didn't want to pay the fines,

So it's lack of funds , not consideration that's stoping you from acquiring one?

Edit:
Ripped Tide;798674 wrote: I don't know the penalties, hadn't really looked em up. Jeremy might know.

I assume there is just a fine. I don't know about the whole "jail time" part.

My comment earlier was "if the government catches you, they don't care what you tell them, they'll probably crack down, no matter the reason." I don't agree with the logic behind a lot of the govt bs, but there's not much I can change about how the lawman see's things

And this conversation was based on he said she said , not from what you know?
 
Rhyerob;798581 wrote: I would imagine the average "hobbyist" could plead ignorance. But someone who procures alot might need to think twice.

I was merely trying to expound on what I've read to be illegal - which really relates to front-line measures. I have not read where possession of rhizos are, in fact, punishable by "jail time".

Unlike you, I am not addressing the morality/ethical aspect of ownership nor do I want to.
 
If a rhizo is here, it was illegally permitted. This violates the Lacey act. Selling them makes it illegal.

http://www.animallaw.info/articles/ovuslaceyact.htm">http://www.animallaw.info/articles/ovuslaceyact.htm</a>

Edit: $10000 fine, and up to one year in prison.
 
Ripped Tide;798684 wrote: If a rhizo is here, it was illegally permitted. This violates the Lacey act. Selling them makes it illegal.

http://www.animallaw.info/articles/ovuslaceyact.htm">http://www.animallaw.info/articles/ovuslaceyact.htm</a>

Edit: $10000 fine, and up to one year in prison.[/QUOTE]

I am not sure if the web-link provided above appropriately addresses "if a rhizo is here, then it was illegally permitted." I think it would depend on when rhizos were placed on the ban list of imports/exports. Stated differently, if someone owned it legally before the ban, then one has to believe in some type of "grandfathering" clause/provision.

More over, I perused the link provided and cut/pasted the following....

"The felony provision of this part of the act was amended such that one could be convicted if he or she either knew of the import or export of the species or where he or she was involved in the sale or purchase of wildlife, fish, or plants with a [B]market value greater than $350[/B]." So does this mean, anything under the stated amount is permissible?
 
Rhyerob;798581 wrote: I would imagine the average "hobbyist" could plead ignorance. But someone who procures alot might need to think twice.

Ignorance of the law will not get you off in this case.



Ripped Tide;798657 wrote: I, personally, don't mind who owns what. If someone wants a white tiger, and have means to get and house one, go for it! That's all up to them. I doubt the govt will come knocking on the door of rhizo owners. But, if someone did get caught, I doubt the law man would accept the plea of ignorance. We should advocate, whether you practice it or not, safe/legal reef keeping. I certainly don't agree with all the things that collectors and hobbyist do.

Well, I disagree with parts of this statement. If you DO own an animal that has been purposefully smuggled into the US, I DO care. That is a crime we should all care about, because it is what destroys this hobby and leaves it with "black eyes".


Thanh386;798664 wrote: This statement is like a fail attempt to mediate the early statement where it seems that you lump owners of rhizos with weed heads and crack heads. I still don't see where it's illegal to own. And didn't you want one a while back, and don't claim ignorance.

What happens if you willfully buy stolen goods? Is that OK? That applies here, because we are attempting to buy illegally imported livestock. Claiming ignorance does excuse it. Its not about blame, its about responsibility.


Ripped Tide;798684 wrote: If a rhizo is here, it was illegally permitted. This violates the Lacey act. Selling them makes it illegal.

http://www.animallaw.info/articles/ovuslaceyact.htm">http://www.animallaw.info/articles/ovuslaceyact.htm</a>

Edit: $10000 fine, and up to one year in prison.[/QUOTE]

1000000000% correct. A federal crime.
 
Ripped Tide;798684 wrote: If a rhizo is here, it was illegally permitted. This violates the Lacey act. Selling them makes it illegal.

http://www.animallaw.info/articles/ovuslaceyact.htm">http://www.animallaw.info/articles/ovuslaceyact.htm</a>

Edit: $10000 fine, and up to one year in prison.[/QUOTE]

Even if this holds true, answer the other quesion

Edit: I refuse to address morality in this issue. question still lies in the grey. Collection of pre ban or outside of japan
 
Thanh386;798698 wrote: Even if this holds true, answer the other quesion

Edit: I refuse to address morality in this issue. question still lies in the grey. Collection of pre ban or outside of japan

It actually is very simple. If you have purchased this coral species in exemption (from a legal source), all you need to do is provide the documentation. If it was before the law, a document stating that. If from a legal collection site- a document stating that. The problem is, from my understanding, these documents CANT exist.

FWIW, I am not criticizing anyone who may have bought these is ignorance of this. We have ALL done, or thought about doing things in this hobby, that turned out improper. However, in light of what is now fact, that these corals are likely illegally collected, and smuggled, how should we view their trade?
 
"likely" is the keyword. I'll find a way to legally attain one if need be. but I will get my hands on one
 
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