law and its application

[Ron Gatrelle]

1) We have a new Attorney General in the US who told congress he would go
by the (law) book. How will he (and the new Interior Sec.) view ESA.

2) There is a difference between law and regulations. Law is written.
Regulations are written. Then there is implementation. Law, regulations,
and implementation don't always harmonize.

3) I have had some questions for some time relative to invertebrates and
the ESA ever since a conversation years ago with an agent who had questions
about this himself. I am not talking about CFR regulations. I am talking
only about ESA. Now I know some will just tell me that I can dig all this
out myself or that I should already know the answer to my question. Two
thing. There is no on-line conversation that way, and it may not be that
simple.

4) Situation. South Carolina has a seat belt LAW. This past fall there was
a huge campaign here in SC called "click-it or ticket". There were
continual adds on the radio & TV about this campaign. It was sponsored by
law enforcement etc. Cost many thousands of dollars. Traffic check points
were set up to stop people just to see if they were wearing seat belts.
Lots of people we ticketed. Same people were found guilty and fined in
court.

Law was involved - police on all levels were involved - people were
involved - lawyers for people were involved - judges were involved - courts
were involved, and all were on the same page.  Open and shut case. One
problem.

The SC Attorney General stepped in and pointed out to the police, lawyers,
courts and judges that the LAW covering seatbelts in SC states that a
ticket for not clicking-it can ONLY be issued as a secondary violation
following, and in conjunction with, a moving violation. The attorney
general not only stopped the campaign but made the courts give all the
money back to the people the police had stopped, courts tried, and fined. I
would not be surprised if someone also sued the courts for unlawful
something or other...

5) So what does the  ESA _law_ actually say about invertebrates - what do
we think it says. Where campaigns or regulations or local authority go
beyond or outside of the law they get struck down.

6) I am for buckling seat belts. I am also for providing protection for
endangered invertebrates. I also know we have a new Attorney General who
has assured us he will _strictly_ uphold the law  (the way he sees it I'm
sure).

Ron



 
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