In a short unreasoned response, USFWS refused an extension request of the effective date (April 9, 2015) of the Lacey Act listing of reticulated pythons, green anacondas, Beni anacondas, and DeSchauensees Anacondas.

USARK had requested an extension of the 30-day period from the date of the Lacey Act listing in the Federal Register.

USFWS specified that it was rejecting the request for breeders and other sellers to try to minimize the economic impact of the listing of these species. USFWS has broad authority to set the effective date or extend the effective date of Lacey Act listings, but argued that an extension would undermine the purpose of the listing. USFWS also argued it did not have time to complete any process necessary to grant such an extension.

In response, USARK has filed for a preliminary injunction and temporary restraining order to obtain the requested extension by an order of the Federal District Court already hearing the USARK case filed to challenge the listing of the Burmese python, yellow anaconda, and Southern and Northern African rock pythons (and amended now to include the reticulated python etc.).

The hearing will be held at 2 PM on Tuesday, April 7. USFWS'opposition will be filed by noon, Monday, April 6. USARK's reply will be filed by noon, Tuesday, April 7.

Although courts are reluctant to grant the extraordinary relief of a TRO and PI, USARK's memorandum makes a very compelling case. The memorandum sets forth in detail why USARK meets the requirements of "likelihood of success on the merits" and "irreparable harm" that will be suffered. In addition, the memorandum explains why USFWS would suffer little or no harm if an extension of the effective date was delayed until a final decision on the merits of the USARK case.

Photo: kingsnake.com user JonMIller