Yukon collecting license

[Ron Gatrelle]

Careful!  I don't know how many people bother to check or download the list
of Leps-l subscribers -- but there are at least 6 F&WL "agents?" subscribed
to this list.  I have never seen any of them check in for chat or input.

Moving on. Countries virtually always write laws prejudicially in favor of
its own citizens. Such is the case with several parts of the CFR (Code of
Federal Regulations) relative to hunting. This is however, not the case
when it comes to interpretation and enforcement.

The following is likely somewhat outdated as I put this together over a
decade ago.

CFR relative to lepidoptera.
50 CFR 14 Importation, exportation, and transportation of wildlife.
50 CFR 16 unknown
50 CFR 17 Endangered and threatened species
50 CFR 18 Marine mammals
50 CFR 21 Migratory bird permits
50 CFR 23 Endangered species convention CITES
Part 23. 23.2 (a) scope.  23.4 parties - 23:14 (b) list of participating
countries. At that time Mexico was not a signature to CITES. US and Canada
are.
23.13.(a) exceptions. 23.13(c) -23.23(c) date listed. 23.13(g) registered
scientists. Pg. 47- 48, list of species.

On 50 CFR 14. import, export, transportation.
    There are several parts to this section. 14:16 (c) states that US
residents
    can hunt in Mexico and Canada and bring game back into US. As with all
    laws and regulations what is not said is just as important as what is
said.
    by listing some game/fish and not listing insects it is understood that
insects
    are not covered. The gist here is basically that if Americans want to
go
    abroad to hunt and fish they can do so and bring back the catch no
problem.
    (In application we find this has not been the case.)

 14:62 (a) Recreational non-endangered fish.
            (b) 1. Recreational purposes in Canada & Mexico.
                  2. Game mammals or birds Canada or Mexico via
                         customs form 3315. (Again, insects are
specifically omitted
                        so why are they being regulated?
            (c) Scientific. (We see here a clear recognition that there is
scientific
                                       and recreational "hunting". So the
fact that "all"
                                       specimens have some kind of
intrinsic "scientific"
                                       value is irrelevant. The central
issue is PURPOSE of
                                       acquirement - scientific or
recreational. This applies to
                                       the Yukon also, as Cris stated,
PURPOSE is the
                                       determining factor.)
14:91(a) (b) LICENSES
14:92 Exceptions
           14:92(a) any person may...
                            (2) recreational fishing
           14:92(c) no license needed if gross annual business less than
$25,000.
These are business rules - not recreational.

General. Insects require NO permits to import or export under 50 CFR 14
unless CITES endangered under 50 CFR 23 or US endangered 50 CFR 17.

14:16 (c) noncommercial (fish and game). Simply declare at any customs
station. Again, insects are not specified, and should be assumed to not be
covered. On Arthropods. The only specified Arthropoda I know of in the CFR
are aquatic (i.e. shrimp, lobster etc.).

These may well have been changed by now so any input on the changes are
welcome. Not only are citizens to go by the law so is law enforcement. Law
enforcement has frequently failed to do this. Which is why we all go back
to the Constitution. Miranda.

----- Original Message -----
From: "Kondla, Norbert FOR:EX" <Norbert.Kondla at gems3.gov.bc.ca>
To: <drdn at mail.utexas.edu>; <leps-l at lists.yale.edu>
Sent: Tuesday, February 13, 2001 10:05 AM
Subject: RE: Yukon collecting license


> Simple; get rid of the capricious regulations and put a very short lease
on
> the over-zealous twits or fire them or give them some useful work to do
:-)
>
> -----Original Message-----
> From: Chris J. Durden [mailto:drdn at mail.utexas.edu]
> Sent: Monday, February 12, 2001 9:43 PM
> To: leps-l at lists.yale.edu
> Subject: Re: Yukon collecting license
>
>
> How else can we protect ourselves from capricious regulation and
> over-zealous enforcement of confusing regulations?
> .........Chris
>
> At 08:49 PM 2/12/2001 -0700, you wrote:
> >So far I haven't read one good reason to justify a collecting license.
> >As such, a collecting license would accomplish nothing of any value and
> >make criminals out of those who don't have one.
> >
> >Stan
> >
> >
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