snails and the USDA? applesnails are illegal!?

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snails and the USDA? applesnails are illegal!?

Postby MitchSchaft on Wed Dec 20, 2006 9:06 pm

Howdy, folks. I've been visiting this board for a good year and just now signed up. I bought snails from a member here last year.
Here's a weird issue. I got a call yesterday from a guy from the USDA saying he has record that I bought snails from that member. His message said they need to come by and pick up my snails because it is illegal to have applesnails in this country.
What kind of bologne is this and why did the member give out my PERSONAL INFO to the U.S. government? He called and left another message this morning.
What in the world is going on? I emailed the member and they will not reply to my email. I know the lady is on this board.
Has anybody else had this problem?

Mitch
Memphis, TN
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Postby MitchSchaft on Wed Dec 20, 2006 9:22 pm

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Postby courtneem on Wed Dec 20, 2006 11:13 pm

reading on the internet is seems apple snails are a serious problem down in LA (New Orleans area) and in August 2005 more laws were put into effect for snails.

I found this statement.

"The USDA specifically prohibits interstate movement or importation into the United States of the Achatina fulica (Giant African Snail) (see NOTE:), the Pomacea canaliculata (Channeled or Golden Apple Snail) and the Rumina decollata (Decollate Snail). These molluscs are banned for interstate movement or import into the United States.

Permits are required for the importation of all live snails and slugs to the USA . Imported Snails may not be brought into the United States for breeding purposes."

Hell would have to freeze over before I give up our apple snail. That is just wrong.
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Postby badflash on Wed Dec 20, 2006 11:19 pm

Not all Apple snails are not illegal. If you got Brigs (witch is all I thought she sold) you are totally legit. Canas are banned from shipment.

As to why your name was given out, they may have gotten a court order.
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Postby MitchSchaft on Thu Dec 21, 2006 12:46 am

I guess he's after the Pomacea Canaliculata. She still has them for sale on her site. Are they going to get a court order to search my apartment :roll:?

I do not want to tango with the .gov. No more snails for me and no thanks to the member for screwing me over.
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Postby badflash on Thu Dec 21, 2006 3:00 am

If you don't give them the snails these yahoos may kick in your door. The USDA has police powers and right now they are on a snail crusade.

When the cops have a gun to your head, you'd probably give up a few addresses too.

Stick with Brigs.
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Postby MitchSchaft on Thu Dec 21, 2006 3:14 am

I really should call a lawyer to get some advice. I would not have bought if I knew it was illegal! I am NOT inviting them in to my home.
Legal action against the member would not be a bad idea if this turns ugly for me. Outright negligence is the cause of this.
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Postby rain- on Thu Dec 21, 2006 4:13 am

I don't think P. canaliculata was illegal a year ago, but I could be wrong. I think you should wait patiently for the member to email you back before you start suing her. And I think you should be mad at USDA instead of the member.
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Postby MitchSchaft on Thu Dec 21, 2006 4:27 am

I'm not gonna sue anybody :P. Just blowin' off steam.
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Postby badflash on Thu Dec 21, 2006 4:50 am

As I have said many times in many threads, the USDA's best weapon is mis-information. Some are well meaning do-gooders, others are jack-boted thugs. They did not publicly declare war on Canas until mid 2006. Make them show you the authority that they are operating under in writing.
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-3297.htm
To me this says if you got them before this date you are in the clear and they have no right to take your snails. Ownership of these snails in most states is legal, just shipping accross state lines is not allowed.

If you need to give them your snails, you can drop them off. You don't need to invite them into your home.
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Postby MitchSchaft on Thu Dec 21, 2006 5:34 am

I ordered it 3/2/06
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Postby nichjake on Thu Dec 21, 2006 5:37 am

If you got the snails before the USDA banned them you shouldn't have to give them up. We are protected from Ex Post Facto laws, you can't get in trouble for doing something before the government made a law making it illegal. I would not give up without a fight.
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Postby MitchSchaft on Thu Dec 21, 2006 5:50 am

I'd hate to ruin my life over a snail. Unforunately, the Feds have these powers. I'll definately make mention and they will not enter my home.
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Postby Heidi on Thu Dec 21, 2006 7:24 am

I thought your snail died, so there is no snail for them to take from you and kill.
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Postby mvigor on Thu Dec 21, 2006 11:10 pm

Yeah, I had a massive Cana die-off too. Doesn't that stink?
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