Originally Posted by Socratic Monologue
If the captive-bred animals are "the offspring thereof" ('thereof' = 'from that cause or origin', i.e. 'from those original animals', 'from that wildlife') smuggled animals, then those offspring are not legal.
From Lacey, inserting 'the offspring thereof' clause from the listed definition of 'wildlife' in for clarity:
It is unlawful for any person -
(1) to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or offspring from that wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law;
(2) to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce -
(A) any fish or wildlife or offspring from that wildlife taken, possessed, transported, or sold in violation of any law or regulation of any State or in violation of any foreign law;
I just don't think you're reading the 'offspring' clause the way it -- judging from the rest of the text -- is intended.
That seems like a bit of a stretch to me. I read it as two separate things individually "any fish or wildlife
taken, possessed, transported..." or "any offspring
taken, possessed, transported...". See that is the problem with this. Judges and legal professionals may interpret it slightly differently. I may be wrong. That's fair. I am not trying to hurt any feelings.
I also just noticed another problem with this issue. In order for legal action to take place, it needs to be proven that they are illegal. While not necessarily pertaining to galacts, in regards to the peacock tinc, how can you prove that a specific Tinctorius specimen is illegal? They are so variable and frankly many populations look similar. One of the theories with how Tumucumaque were smuggled out of Brazil in the first place is they were included in an import of Robertus. Robertus can look surprisingly similar to peacock tincs sometimes. And how would a non-scientific judge, with a complete lack of understanding of these species, say that these frogs weren't
legally imported from a population that occurs in a country where it is legal to export from (i.e. Suriname)? Maybe that is why they won't touch this particular species.