• Posted 12/19/2024.
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    I am still waiting on my developer to finish up on the Classifieds Control Panel so I can use it to encourage members into becoming paying members. Google Adsense has become a real burden on the viewing of this site, but honestly it is the ONLY source of income now that keeps it afloat. I tried offering disabling the ads being viewed by paying members, but apparently that is not enough incentive. Quite frankly, Google Adsense has dropped down to where it barely brings in enough daily to match even a single paid member per day. But it still gets the bills paid. But at what cost?

    So even without the classifieds control panel being complete, I believe I am going to have to disable those Google ads completely and likely disable some options here that have been free since going to the new platform. Like classified ad bumping, member name changes, and anything else I can use to encourage this site to be supported by the members instead of the Google Adsense ads.

    But there is risk involved. I will not pay out of pocket for very long during this last ditch experimental effort. If I find that the membership does not want to support this site with memberships, then I cannot support your being able to post your classified ads here for free. No, I am not intending to start charging for your posting ads here. I will just shut the site down and that will be it. I will be done with FaunaClassifieds. I certainly don't need this, and can live the rest of my life just fine without it. If I see that no one else really wants it to survive neither, then so be it. It goes away and you all can just go elsewhere to advertise your animals and merchandise.

    Not sure when this will take place, and I don't intend to give any further warning concerning the disabling of the Google Adsense. Just as there probably won't be any warning if I decide to close down this site. You will just come here and there will be some sort of message that the site is gone, and you have a nice day.

    I have been trying to make a go of this site for a very long time. And quite frankly, I am just tired of trying. I had hoped that enough people would be willing to help me help you all have a free outlet to offer your stuff for sale. But every year I see less and less people coming to this site, much less supporting it financially. That is fine. I tried. I retired the SerpenCo business about 14 years ago, so retiring out of this business completely is not that big if a step for me, nor will it be especially painful to do. When I was in Thailand, I did not check in here for three weeks. I didn't miss it even a little bit. So if you all want it to remain, it will be in your hands. I really don't care either way.

    =====================
    Some people have indicated that finding the method to contribute is rather difficult. And I have to admit, that it is not all that obvious. So to help, here is a thread to help as a quide. How to become a contributing member of FaunaClassifieds.

    And for the record, I will be shutting down the Google Adsense ads on January 1, 2025.
  • Responding to email notices you receive.
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    In short, DON'T! Email notices are to ONLY alert you of a reply to your private message or your ad on this site. Replying to the email just wastes your time as it goes NOWHERE, and probably pisses off the person you thought you replied to when they think you just ignored them. So instead of complaining to me about your messages not being replied to from this site via email, please READ that email notice that plainly states what you need to do in order to reply to who you are trying to converse with.

usark lawsuit

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rodneynboalich

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im writing this as a warning to the industry.. and im sure it will be met with the usual enthusiasm and gratitude that all my other warnings have received.. the usark lawsuit has two parts the arbitrary and capricious and the interstate commerce challenge... the first part is pretty self explanatory.. its challenging the necessity of the listing of the big snakes. the second is the commerce issue... usark is challenging fws claim that 18 usc 42 doenst give fws the authority to regulate interstate commerce... this aspect of the lawsuit as been the part that usark has been focused on heavily... the thing to understand is that the commerce issue isnt directly related to the big snakes... its saying the scope of application of 18 usc 42 doesn't prevent interstate commerce or grant authority fws to prevent it or prosecute people for engaging in interstate commerce with listed aniamls... so if usark wins there case on only the interstate commerce aspect it would mean the following... 1 it would affirm that fws can not impose any restrictions on interstate commerce under the lacey act..2 the big snakes can go across state lines again...3 it would also mean that all the other animals on lacey act; that are on there because they are considered invasive, would also be able to go across state lines... animals such as zebra muscles, asian carp, snake head fish and so on.. i.e animals that are actually invasive... 4.. anyone convicted of a interstate commerce violation via fws and 18 usc 42 will now have an opportunity for appeal.. and 5... if usark only wins on the interstate commerce the big snakes will stay on the lacey act as invasive........ point being the invasive status of the big snakes would remain the same.................................now if the courts rule fws is not given the authority to regulate interstate commerce via lacy act 18 usc 42, fws will have no choice but to seek to get an amendment to the lacey act either through the judicial system or executive order to have the authority to regulate interstate commerce... if fws doent do that any animals currently list or listed in the future will be able to be shipped around the country... and since the vague language in lacey act is what will have lead to this issue for the fws they will seek to have very clear language added, stating their new authority to regulate interstate commerce..personally i think they will do this via executive order... now what will that mean for the animals listed as invasive under lacey act... it will mean that anything listed as invasive will no longer be able to go over state lines again... and if usark only won on the interstate commerce part of the lawsuit the big snakes that were not removed from the lacey act will not be able to go across state lines again... in other worlds we will be right back to square one again after millions spent on a lawsuit.......................as far as i know usark never did much of anything to work on protecting the last big 5 snakes after the first 4 were add... no team of environmentalist, herpetologist, biologist and so on to have a case for when fws decided to add the remaining 5....nor did they do anything to prevent history from repeating itself with fws doing another executive order to add the retics green anacondas... after usark only fought the first lacey act listing by blocking and paying off senators to hold the bill that would go into law and add the first 4 big snakes to the lacey act; fws got irritated and exercised their authority to have the secretary of the interior add the snakes... they were able to do this via executive order 13112 that was put into effect in 1999... it was that executive order that was put into place to bypass the Judaical process when the judicial process was being held up... and usark was pulling the same stunt with hr511 that would have added the last 5 big snakes judicially... the problem was that in the house judiciary committee there was a knowing clause added to hr511 that made it so fws would have to prove that anyone violating they interstate commerce law was doing so knowing... fws worked very hard about 30 years ago to get a knowing clause removed from the lacey act and they were not about to get it back in there.. so hr511 was no threat to the reptile industry and as long as no one was trying to block it or kill it... fws would have no grounds to exercise their authority granted to them from executive order 13112 as long as hr511 wasnt being held up... but once wyatt set up the second hr511 hearing the house NRC... usark lead the entire reptile industry to believe that hr511 was an actual threat... so wyatt claimed another false victory.. and gave the fws the perfect opportunity to do another executive order and thats what happened.. thats how the big snakes were added to the lacey act...........................now im posting all this to try and show that there were a lot of mistakes made in this big snake lacey act issue... and im hoping that the industry will demand that usark do more then just push the interstate commerce issue of their lawsuit.... if usark doesnt focus on getting the big snakes removed the industry will be right back where it started and fws will walk away with even more authority...
 
with tinly this weekend i think i should add it was at that show that wyatt made claims about ken foose being a baby rapist... and its was decided wyatt would no longer be in usark after that... wyatt was thrown out of tinly for that... it was also decided by the usark board brain potter and a few others that the industry woudlnt be told about wyatts removal and wyatt would be allowed to continue acting as the president of usark until after the hr511 hearing that wyatt himself set up... it was that hearing that killed hr511 that fws wouldnt go near to begin with... and with that hearing as i said fws could use executive order 13112 to add the retics and green anacondas... so not only was the industry lied to by the people that are supposed to be protecting it it was that lie that inevitably lead to the second listing of the big snakes...on top of all the donations that were given to usark under the assumption of hr511 being a threat
 
rodneynboalich said:
im writing this as a warning to the industry.. and im sure it will be met with the usual enthusiasm and gratitude that all my other warnings have received.
Click to expand...

You are starting off on the wrong foot.

Plus, your synopsis is one big block paragraph, I suggest you re do it in outline form so your points are made more clearly. Introduce your objective points and information first, and then if you wish, your opinions on how former challenges were handled.
 
thanks for posting this info Rodney, its appalling but the truth can/does hurt sometimes.
 
I get it, you don't like USARK. How about this. You create a group that will protect peoples rights.
 
You are right I don't like usark....either way it doesn't change any facts.....and it certainly doesn't change the fact that usark is setting up the industry for devastating blow if they don't handle the lawsuit in a way that will protect the industry long term.....im not a member of usark I don't contribute so I can't tell usark what to do....only it's members can...only the usark members can push usark to make getting the big snakes removed from the lacey act the priority...instead of focusing on interstate commerce...which will only lead to the snakes staying on the lacey act and Fws getting clear language added to the lacey act and in the process gaining more authority
 
What you want is impossible. The snakes where added legally. Any attempt to remove them in court will be shot down. If it was done by the rules, then you don't have a case. But the lacey act was no created for interstate commerce. That is illegal to ban traveling across state lines by using just the lacey act.

You talked about an EO. That EO only enforces the lacey act. You talked about mussels, that is not enforced by the lacey act. It has its own laws.

You are telling them to do something they can not win. The only way to get the 5 off the list is to change the people in charge.
 
Any animal added to the lacey must be added do to proof that fws has to so they are invasive or potential invasive....if usark or anyone suing fws can prove that fws did not have scientific evidence to prove that the snakes needed added then they can be removed...or if you can prove that fws lied in their evidence.. like they did on the range map of possible areas the snakes could spread or how they used Indian python natural range for burms...or how the lied about the numbers being imported..not telling the government that not all the snakes coming into the country were not all alive a lot were skins skulls and so on...the fws have a strict criteria of adding animals to the lacey act...if you can prove they didn't follow the rules you can get them unlisted.....
 
The whole interstate commerce issue will come down to the legal interpretation of (continental united States )....not sure I'd want to base a case on 3 words....

Also not sure why it was posted that what I want usark to do isn't possible or don't make sense...especially when usark have their arbitrary and capricious part of their case which is based around getting the snakes removed from the lacey act.....


I think my point was missed.....which was again....either usark loses the interstate commerce case and the snakes stay on the lacey act and the courts rule fws can regulate interstate commerce

Or usark wins the interstate commerce case and the snakes stay on the lacey but the court rules that fws under 18 usc 42 can't regulate interstate commerce...so fws will be forced to get the lacey act amended to be able to regulate interstate commerce...which will mean with the snakes still on the lacey act they and will go right back to not being able to go across state lines again....

This issue could be a avoided by winning the arbitrary and capricious part of usarks case. ..but 9f usark isn't focused on that part of their case they are putting the industry at a risk
 
rodneynboalich said:
Any animal added to the lacey must be added do to proof that fws has to so they are invasive or potential invasive....
.
Click to expand...

To who? The FWS only has to prove TO ITSELF they where dangerous. What you are going to argue in court?

Here is how your arguement will go.

You-
Your honor, Secretary of the Interior has clearly never read one ounce of information about anything. Here is 1,000,000 sources the prove everything that he has ever said to be 100% a lie.


Judge-
Secretary of interior, do you stand behind your claim that these are dangerous creatures?

Secretary of the Interior-
Yes. I was told by a 8 ball to ban these animals. The only authority I need by law is what ever I feel like doing. There is zero language in the lacey act, besides I believe they are dangerous to uphold my ruling on it. You see. I don't care what the 1 million sources have to say. I can say that they are dangerous on a coin flip. And since I say they are dangerous, they are.

Judge-
Well since there is nothing that actually says you have to back up your feelings they are dangerous in the laws. I have to find you did your job. The 5 stay on the lacey act.

judge to you-

I understand you are upset about this. But the Secretary of the Interior does not have to prove anything. All he has to is think they might be dangerous. If the law said, he has to prove they are, then you would have won. But it just says he has think they are dangerous. So you lose.

Now, no where in the lacey act does it say it was meant for interstate commerce. But in the same breath it only says that the Secretary of the Interior finds they are dangerous. Not proves, but finds.
 
The fws has to do a long process to prove in a sense that animals should be listed as injurious...which is a preemptive listing to avoid the animals becoming invasive...that's what the usgs study was for all the other studies...that's why the government hired herpotlogist reed and rodda..

When it's an injurious listing there all kinds of data required....

As for the secretary of the interior....they are able to do a listing via executive order when the listing via the judicial process is being held up....

The secretary of the interior can't just list animals as injurious....

Only burms can be considered invasive...the rest of the snakes were all listed because reed rodda study being considered sufficient by the fws NISC and the secretary of the interior for there listing as injurious....
 
This is a perfect example of why usark doesn't work...it doesn't work because it's supporters are even more clueless then the usark board that does nothing....usark will only ever be as good as it members and as long as it's members consist of people that don't want to educate themselves yet think it's a good idea to go on here and argue with me; usark will never be able to protect the industry
 
rodneynboalich said:
This is a perfect example of why usark doesn't work...it doesn't work because it's supporters are even more clueless
Click to expand...

Looks like many of the other threads you have initiated.
You are not a builder, you are a destroyer. Nothing has stopped you from forming your own group except yourself Rodney. If you insult people, you will NEVER win them over to your point of view.
If you don't like USARK, build another group. But, clearly that is not your agenda.


rodneynboalich said:
Why don't you ask usark to come on here and answer some questions about the lawsuit
Click to expand...

If I was USARK, I'd stay far away from this thread. After all, they have had an opportunity to look at some of your past threads.
 
So aside from this thread being viewed as anti usark and you 2 don't like that....do either of you want to add to the discussion that the thread was started for...

Dude tried but he doesn't know anything about the lawsuit or issues surrounding it...that's not my fault and it doesn't make me a destroyer for pointing it out....


You gave a hard time when I tried to warn people about wyatt being a lying scumbag that was stealing from the industry...and I wasn't a builder for that one too......I was a trouble maker... remember......but turns out I was telling the truth wasn't i....

If you want to discuss the potential issues of the usark lawsuit that's great....other wise get off the thread and get a life.....

And no I can't start an organization....there's no money...there's no organizing people....and there's just too many people willing to believe you can give usark 10 dollars and all their problems will be solved...the industry is lazy and uniform and it seems to want to stay that way....kinda like this whole country
 
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