15 replies to this topic

[gcsnelling]

I had hoped to be able to copy the thread over to here but could not readily do so. Anyway apparently someone on the "Ultimate ants facebook page" got a cease and desist order from the USDA regarding sales of Solenopsis invicta. Although this is something of a black eye for the hobby, I am happy to see the USDA is watching things. Provided all went as posted I give a hearty Nelson Muntz Ha ha to  the person that got nailed.

[dermy]

I'm glad to hear this too, especially with a species like Solenopsis invicta, which are highly invasive. 

[Vendayn]

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Edited by Vendayn, March 9 2018 - 6:59 PM.

[Zeiss]

I am very pleased to hear this. Although it will dent the hobby's reputation a little bit, it is great to see Solenopsis invicta being prevented from spreading.  

[T.C.]

1 down! Few more to go.

Edited by T.C., August 4 2017 - 6:48 PM.

[drtrmiller]

While I'm not familiar with all the laws passed by the U.S. Congress or States (other than California) regarding S. invicta in particular, I do know the only time the USDA can legally prosecute is when illegal activity is occurring between U.S. states. The USDA can send C&D letters to anyone for any reason all day long—if they're not prosecuting, it's likely they don't have evidence of any laws being broken.

[Serafine]

This is a good thing. Even AntsCanada recently banned Solenopsis invicta from their GAN marketplace.
The other thing is there isn't just an issue with selling them between states - the RIFA quaranteen zone runs straight through several states (three quarters of Texas are in it, a third of Oklahoma and half of Arkansas) and crossing the line with any RIFA colony is illegal.
https://www.aphis.us...ads/fireant.pdf

I generally do not have that much of an issue with keeping exotic ants (at least not if it's a species that is common in it's area and not endangered) but INVASIVE species are something different, especially when they are as destructive as Solenopsis invicta, Pheidole megacephala, Linepithema humile, Nylanderia fulva or Anoplolepis gracilis.
These species kill off any native ants wherever they appear, mangle the food chain from the bottom up and can cause tremendous ecological and financial damage. They are creeping ecological disasters and the last thing needed is people spreading them even further.

Edited by Serafine, August 5 2017 - 1:33 AM.

[Ameise]

While I'm not familiar with all the laws passed by the U.S. Congress or States (other than California) regarding S. invicta in particular, I do know the only time the USDA can legally prosecute is when illegal activity is occurring between U.S. states. The USDA can send C&D letters to anyone for any reason all day long—if they're not prosecuting, it's likely they don't have evidence of any laws being broken.

What are you basing this on? The USDA can and most certainly has operated on intrastate issues - their mandate allows them to. The only question is if the current code is country-wide.

[drtrmiller]

 

While I'm not familiar with all the laws passed by the U.S. Congress or States (other than California) regarding S. invicta in particular, I do know the only time the USDA can legally prosecute is when illegal activity is occurring between U.S. states. The USDA can send C&D letters to anyone for any reason all day long—if they're not prosecuting, it's likely they don't have evidence of any laws being broken.

What are you basing this on?

My response was informed, at least in part, by the text of the Plant Protection Act, which defines the scope of the Secretary of Agriculture's enforcement power as it relates to plant pests, along with the US Constitution, which gives The US Congress the power to regulate interstate commerce.

While I don't claim to have knowledge of every act passed by Congress that relates to ants, the PPA is the most applicable, and has been discussed heavily in this forum and elsewhere over the years.

Edited by drtrmiller, August 11 2017 - 5:28 AM.

[Ameise]

7 CFR 301.81 specifies that the quarantine technically only applies to interstate commerce; however, most States (actually, I think all) have adopted regulations that conform with the Federal quarantine for intrastate movement. The USDA and APHIS often cooperate with State authorities, so I'd tread lightly if the USDA is getting huffy, as the States that have fire ants don't tend to take them lightly either.

[Barristan]

Do these strict laws also apply to plant shipment?

[sgheaton]

*head desks*

[Seadogrun]

Okay, so I am new to this forum and hobby.  I don't even have my first colony yet but have been intensely researching this hobby through forums and videos that are online.  Please forgive me if my ignorance shows.

 

Is the USDA alleging that this species is spreading in a significant way due to the ant keeping/ ant trading? Compared to the global shipping?

 

What does the data show?

 

I am in no way in support of keeping non-native species to the keepers area, but ignorantly think that ant keeping has very little to do with the spread of this ant.

[Barristan]

That's why I asked if plant trading is forbidden too, since a lot of ant colonies are spread by plant transport.

[Ameise]

Okay, so I am new to this forum and hobby.  I don't even have my first colony yet but have been intensely researching this hobby through forums and videos that are online.  Please forgive me if my ignorance shows.

 

Is the USDA alleging that this species is spreading in a significant way due to the ant keeping/ ant trading? Compared to the global shipping?

 

What does the data show?

 

I am in no way in support of keeping non-native species to the keepers area, but ignorantly think that ant keeping has very little to do with the spread of this ant.

There is a Federal quarantine on Solenopsis invicta, which is buffered by state quarantines that match the parameters of the Federal quarantine. It is illegal to move RIFA in and out of the quarantine area, whether you do shipments, agriculture, or are a hobbyist.

It only takes one colony escaping to spread, and RIFA is notoriously difficult to contain. Have ants ever been spread by hobbyists yet? I doubt it, there aren't enough hobbyists. But other wildlife has - there are invasive fish in northern Illinois waterways due to hobbyist aquarium keepers releasing aquarium fish into the wild - some of which are now illegal to move through Chicago. There are also plenty of invasive plants caused by similar reasons.

 

The quarantine also covers shipments, plants, trees, agriculture - anything coming out of the quarantine zone must be inspected.

Edited by Ameise, August 11 2017 - 1:18 PM.

[StopSpazzing]

Okay, so I am new to this forum and hobby.  I don't even have my first colony yet but have been intensely researching this hobby through forums and videos that are online.  Please forgive me if my ignorance shows.

 

Is the USDA alleging that this species is spreading in a significant way due to the ant keeping/ ant trading? Compared to the global shipping?

 

What does the data show?

 

I am in no way in support of keeping non-native species to the keepers area, but ignorantly think that ant keeping has very little to do with the spread of this ant.

USDA didn't allege anything. They sent C&D to someone breaking the law. Someone probably reported them. I know I would.

Edited by StopSpazzing, August 11 2017 - 1:28 PM.