Post #388210 by TikiTres on Thu, Jun 19, 2008 4:36 PM

The "it's too old to be part of the Endangered Species Act" excuse was probably dreamed up by people selling tortoiseshell products on eBay. The fact is that it is illegal to sell tortoiseshell products regardless of age. There is no exemption for age of the product. Here's a quote off of http://www.cccturtle.org :

"As for whether it is legal to sell pre-Endangered Species Act sea turtle products, the U.S. Fish and Wildlife Service says "no." Citing an Oct. 19, 1995, U.S. Department of the Interior Solicitor's Opinion, a USFWS representative said that pre-Endangered Species Act wildlife products can never be sold in interstate commerce. This opinion applies to eBay because a 1993 Fourth Circuit Court opinion determined that merely advertising endangered wildlife in the Washington Post newspaper constituted an offer for sale in interstate commerce. Similarly, once an individual lists an endangered wildlife item on eBay, this constitutes an offer for sale in interstate commerce and the Fourth Circuit Court determination applies."

As for OA and your bro's teacher displaying them, I'm sure you've heard the phrase "Two wrongs don't make a right" :) OA has probably had them on their walls forever, but that teacher should know better!

For anyone that thinks it's not fair (IE, it's already dead, what's the harm?), consider the fact that you really cannot prove how old a tortoise shell is (how long it's been dead). If a smuggler thought that old goods were OK, then they would kill turtles and patina the shell to make it appear older. I completely understand the logic of the law in this case. Anything less than a blanket ruling on all products new and old would be too difficult to enforce.

This following is not meant to be directed at kahalakruzer since he already has his shell, but to everyone else: there's plenty of stuff out there to may your tiki bar a cool place to hang out without dealing in illegal trade for endangered species. I'm not an environmental wacko by any means, but I want these species to be around for my kids and their kids to appreciate. Species are usually added to the endangered list when they are in true peril of disappearing, I.E.- it's usually too late by the time they're added.