They are trying to kill frag swaps....

[mixer911]

http://www.reefbuilders.com/2009/04/21/california-restrict-frag-swaps-live-animal-sales/

This is not good for us.... Looks like they are talking about Tennessee also. We need to get together and contact or State Reps and tell them NO.

 

[andywe]

That is an alarmist article. They fail to provide motive, reason, impact, and benefit of such a measure which would surely be a part of any bill draft. If TN is considering it, whaat is the nu,ber of the measure? Has one even been submitted? Although the article is for Caifornia, the authors fail to provide any information like this as well.

In the artcile the one thing they sate is commercial sales at these events. *IF* that is the case is this a measure to stem business sales at a swap to ensure the collect sales tax? Doe sit apply to personal sales? Again, alarmist in my opinion.

 

[DMBillies]

Over the course of my involvement in this hobby I have had some interesting conversations with non-hobbyists that highlight a rather large gap between reality and perception when it comes to corals, their care, and environmental implications of this hobby.

The most interesting thing seems to be the perception that corals from fish stores are somehow automatically ok because they are legally obtained, their collection is presumably controlled throughout the world, and that the resulting environmental impact is minimal. This automatically makes dealing between hobbyists or in direct-from-supplier type deals automatically more shady (i.e., that those dealings are only for rare corals and that makes the environmental implications MORE worrisome).

The reality seems to be quite the opposite in most cases.

Also, for the most part, I think this lack of understanding is reflected in two perceptions that almost every non-reefer has... that corals are exceptionally intolerant of any insult (i.e., that more corals meet their demise in their tanks than we sustain) and that they grow on a geologic time scale that could not support active trading of frags from in-tank growth.

My point in saying all of this is simply that preventing frag swaps will be way more of a disservice to reef environments than any other hobby-related law. This law does not seem to be directed at the reef hobby in particular and, in fact, I would probably support a bill like this as it pertains to other live animals. Coral trading presents something of an exception.

Edit: And I do agree that the lack of further information is questionable.

 

[mixer911]

<a href=showthread.php?s=&postid=14868467#post14868467 target=_blank>Originally posted</a> by andywe
That is an alarmist article. They fail to provide motive, reason, impact, and benefit of such a measure which would surely be a part of any bill draft. If TN is considering it, whaat is the nu,ber of the measure? Has one even been submitted? Although the article is for Caifornia, the authors fail to provide any information like this as well.

In the artcile the one thing they sate is commercial sales at these events. *IF* that is the case is this a measure to stem business sales at a swap to ensure the collect sales tax? Doe sit apply to personal sales? Again, alarmist in my opinion.

I agree this is an alarmist article also, but it is something to think about. Not sure if you actually read the proposed bill, but it is mainly about animal cruelty prevention, IE... Sales of dogs and other animals on the street and so forth. I am definately with them on that, but unfortunately our hobby falls under the same category, Live Animals....... I know it is just hear say, but I just did not like to hear Tennessee might be following suit. A simple email from us can help them to change a proposed bill and maybe have an aquatic exclusion. By all means Do not send one, it was just an FYI thread.

<a href=showthread.php?s=&postid=14868547#post14868547 target=_blank>Originally posted</a> by DMBillies

My point in saying all of this is simply that preventing frag swaps will be way more of a disservice to reef environments than any other hobby-related law. This law does not seem to be directed at the reef hobby in particular and, in fact, I would probably support a bill like this as it pertains to other live animals. Coral trading presents something of an exception.

Edit: And I do agree that the lack of further information is questionable.

I could not agree more! This is exactly what we need to let our "political advisors" know before they start to write up a bill and blanket everything.

 

[waynesworld]

This is the only one I found and it gout put in a gensub so I think we are safe. they are narrow enough and it only stoping the road side sales.

Also there is no way the common cop will know what we have in the bag

SENATE BILL 1322
By Berke
HOUSE BILL 1433
By Sontany
AN ACT to amend Tennessee Code Annotated, Title 39,
Chapter 14, Part 2, relative to animals.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter 14, Part 2, is amended by
adding the following as a new section:
§ 39-13-215.
(a) As used in this section:
(1) “Animal” means any fowl, reptile, amphibian or mammal,
except human beings;
(2) “Fowl” means a bird of any kind;
(3) “Owner” means any person owning, keeping, possessing,
harboring, maintaining or having custody or otherwise having control of
an animal;
(4) “Wild animal” means any animal which is now or historically
has been found in the wild, or in the wild state. Any hybrid cross resulting
from the cross breeding between two (2) different species or types of
animals, including crosses between wild animal species and domestic
animals such as dog-wolf crosses, are considered wild animals; and
(5) “Wild state” means living in its original, natural condition; not
domesticated.
(b) It is an offense to knowingly display or offer for sale, trade, gift or
other transfer of ownership or to make a sale, trade, gift or otherwise transfer
- 2 - 00350571
ownership of any animal, including birds and reptiles, on or from any public
street, roadway, right-of-way, sidewalk, or park.
(c) It is an offense for any person or organization, whether for profit,
non-profit, charity or any other purpose, to knowingly offer an animal as a prize,
premium, novelty or toy in response to participation in a game, contest, drawing
of chance or any other similar event or to knowingly offer an animal for the
purpose of promoting any business, sale activity or other promotional use.
(d)
(1) Subsection (b) shall not be construed as prohibiting:
(A) The sale, gift or other transfer of ownership of animals
at activities or events that are regulated by other state or county
agencies;
(B) The use of off-site signs or advertising, to the extent
such signs or advertising are otherwise permitted; or
(C) The sale of animals, including birds and reptiles, at
flea markets as defined in § 44-17-102, if sold in accordance with
subsection (e).
(2) Subsection (c) shall not be construed to prohibit the sale of
display of baby chickens or ducklings or rabbits in proper facilities that
comply with the provisions of any sanitary code, or other rules and
regulations of the board of health, by breeders and those engaged in the
business of selling for commercial breeding and raising purposes.
(e)
(1) Any animal, including birds and reptiles, sold, or offered for
sale, at a flea market as defined § 44-17-102, shall be:
- 3 - 00350571
(A) Properly vaccinated according to species to prevent
the spread of communicable disease;
(B) Vaccinated for rabies according to §§ 68-8-101
through 113, if a dog or cat over four (4) months old and present
at the flea market, whether offered for sale or not:
(C) At least eight (8) weeks of age;
(D) Provided with shade and have constant access to
clean, fresh water; and
(E) Provided with proper ventilation and adequate space
to fully stretch their limbs and turn around, if housed in a crate,
box, kennel or any other structure meant to temporarily contain
the animal while on display.
(2) Any person selling, or offering for sale, any animal, including
birds and reptiles shall:
(A) Provide every buyer with a receipt containing the
name of the seller, the seller’s address and phone number, the
purchase price and the name of the breeder, if different from the
seller; and
(B) Have a valid sales tax registration number and be in
good standing with the Tennessee department of revenue, if the
person sells animals more than twice annually.
(3) This subsection does not apply to an event primarily for the
sale of agricultural livestock such as hoofed animals or animals or fowl
commonly raised for food, dairy, or fiber products,
(f)
- 4 - 00350571
(1) A violation of subsection (b) or (c) is a Class B misdemeanor
punishable by fine only of not more than three hundred dollars ($300).
(2) Each day this section is violated constitutes a separate
offense.
SECTION 2. Tennessee Code Annotated, Section 39-14-204, is amended by deleting
the section in its entirety.
SECTION 3. This act shall take effect July 1, 2009, the public welfare requiring it.

 

[mixer911]

That is awesome Wayne! Thanks for finding that.

 

[DMBillies]

(c) It is an offense for any person or organization, whether for profit,
non-profit, charity or any other purpose, to knowingly offer an animal as a prize,
premium, novelty or toy in response to participation in a game, contest, drawing
of chance or any other similar event or to knowingly offer an animal for the
purpose of promoting any business, sale activity or other promotional use.


---This is pretty interesting. That would mean the end of carnival goldfish, no? Not that I think that is a bad thing, but it is something to think about.

 

[mixer911]

this is the classification of an animal:

(1) “Animal” means any fowl, reptile, amphibian or mammal,
except human beings;

So i don't see fish or aquatic animals in there. But this is exactly what I was saying earlier about making sure that us as aquarium owners do not get unintentionally thrown into this. But I think wayne is right about them mainly targeting roadside sales of "animals". Because technically if aquatic species were part of this then we would not ba able to have frag swaps....