Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Mass.
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
N.Carolina
N.Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
S.Carolina
S.Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
W.Virginia
Wisconsin
Wyoming
Law Firm Website Design Companies : The Good, The Bad, and The Ugly

Kentucky Elk Importation Law Challenged

  Law Center  -   POSTED: 2008/01/22 09:47

A Tennessee elk and bison ranch and a national deer farmers' group are challenging Kentucky's law banning deer or elk from being transported into the state.

Two Feathers Elk and Bison Ranch in McMinville, Tenn., and the North American Deer Farmers Association are asking a federal judge to declare Kentucky's law unconstitutional, arguing that it illegally restricts interstate commerce.

"We don't believe they are interpreting the law properly," said Shawn Schafer, executive director of the deer farmers association, an 800-member group based in Lake City, Minn.

The farm and the group have sued Jonathan Gassett, the commissioner of the Kentucky Department of Fish and Wildlife Resources, and Karen J. Alexy, division director of wildlife for the department, on Friday in U.S. District Court in Lexington.

Phone calls to Gassett and Alexy after 5 p.m. Friday were not immediately returned.

But Morgain Sprague, general counsel for the fish and wildlife department, has sent the attorney for Two Feathers ranch a letter warning that any animals confiscated in Kentucky would be destroyed. He said the law is Constitutional and is being interpreted correctly.

"Your clients are free to use the interstates surrounding the Commonwealth of Kentucky to import cervids into Tennessee," Sprague wrote.

Kentucky state law bans the importation of elk and deer to protect the state's elk and white-tailed deer herds from chronic wasting disease. State officials have enforced the law to prohibit anyone from bringing deer or elk across state lines, even if the animals are destined for another state.

Violating the law is a felony, punishable by up to $10,000 in fines and five years in prison.

That has posed problems for Two Feathers ranch, which wants to ship animals to and from Kansas and pass through Kentucky on the interstate, Schafer said. The ranch applied to Kentucky for permits to transport the animals across state lines but was refused, Schafer said.

But Schafer said he believes the ban violates the Commerce Clause of the Constitution. The Kentucky law is also discriminatory because it allows deer and elk farmers in the state to move their animals around, he said.

Schafer said Kentucky is the only state his group knows of that interprets the law to ban deer and elk from even crossing state lines.

"When I take a load of horses down to Florida, I don't have to call ahead and check with all the states in between to make sure it's OK to drive through," Schafer said.

In September, Wildlife and Fisheries agents arrested Timothy Cory Looper of Livingston, Tenn., as he passed west of Paducah with a load of elk and deer. The animals were destined for a hunting lodge in Tennessee, but the state destroyed the animals.

Looper was charged with six felony counts of illegally importing elk and deer into Kentucky. His case is pending.


Legal News | Breaking News | Terms & Conditions | Privacy

ⓒ Breaking Legal News. All Rights Reserved.

The content contained on the web site has been prepared by BLN as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. Affordable law firm web design company
   More Legal News
   Legal Spotlight
   Exclusive Commentaries
   Attorney & Blog - Blog Watch
   Law Firm News  1  2  3  4  5  6 
   Lawyer & Law Firm Links
Car Accident Lawyers
Sunnyvale, CA Personal Injury Attorney
www.esrajunglaw.com
Family Law in East Greenwich, RI
Divorce Lawyer, Erica S. Janton
www.jantonfamilylaw.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Chicago, Naperville IL Workers' Compensation Lawyers
Chicago Workplace Injury Attorneys
www.krol-law.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Los Angeles Immigration Documents Service
New Vision Immigration
www.immigrationnew.com
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
   More Legal News  1  2  3  4  5  6
   Legal News Links
  Click The Law
  Daily Bar News
  The Legal Report
  Legal News Post
  Crisis Legal News
  Legal News Journal
  Korean Web Agency
  Law Firm Directory