I do think the constitution would cover this to some extent, like for
importing, but posession would not be covered as long as they gave a
reasonable grace period. So people who did own fish would have time to
dispose of them. They would have a hard time proving he imported the fish
after the law went into effect, and they SHOULD have to. But it sounds like
possession is illegal and that's enough to get a fine.
It's like the little fish someone caught in a stream and kept breeding for
many years because they liked them. One day they appeared on the endangered
species list, as of that instant they are illegal to possess regardless of
how long you have had them. Unless, of course, you have a permit. You
cannot be charged with taking an endangered species unless they have proof
of that, possession is not proof of taking. However, possession is still
illegal and not worth it, regardless of the size of the fine.
The bigger issue is what can they take. If you shoot a duck 10 minutes
late, you can loose your gun, boat, truck, and dog. Same if you are fishing
out of season. In most states if you have illegal drugs in your car or
house they can take the car or house and sell them-in-auction, usually
before the trial. They may be able to do the same with illegal possession
of an endangered species in some states.
Just something to think about.
Drummond Howard
Gaithersburg, Maryland
>From: Bob Bock <bockhouse1-in-verizon.net>
>Reply-To: nanfa-l-in-nanfa.org
>To: nanfa-l-in-nanfa.org
>Subject: Re: Re: NANFA-L-- Interesting news article
>Date: Tue, 25 Jul 2006 15:34:24 -0500 (CDT)
>
>I don't think the constitution covers this one. But I don't understand why
>the petshop in Portsmouth was allowed to keep the fish until the owner
>could buy them back, if koi aren't allowed to be sold in the state.
>
>
> >From: Derek Parr <derekparr-in-earthlink.net>
> >Date: 2006/07/25 Tue PM 12:36:49 CDT
> >To: nanfa-l-in-nanfa.org
> >Subject: Re: NANFA-L-- Interesting news article
>
> >i was always under the impression that it was unconstitutional to bust
> >someone for doing something they did before the law against it was
> >created. Not that anyone cares about that outdated piece of paper any
>more.
> >
> >yet another example of the evils of self-righteousness I guess.
> >
> >-derek parr
> >chapel hill, nc
> >
> >
> >Bill Flowers wrote:
> >>
>http://news.bostonherald.com/localRegional/view.bg?articleid=149770&format=&page=1
> >/-----------------------------------------------------------------------
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/ consistent with the guidelines as per
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