Originally Posted by Tinc Tank
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.
Well, on the last point about judges, it isn't up for the judge to know, but rather up to the prosecutors to convince.
On the point regarding 'in order for legal action to take place', you're right, but that's not the half of it. Criminal penalties under Lacey only can be laid in the case of intentional
violations -- "knowingly engaged in conduct prohibited" by law. Likely it takes a bit of work to show this in any certain case, since the mere possession of illegal animals isn't enough (unless they are taped to your thighs in the airport, I suppose).
None of this should be relevant for responsible keepers, though. It is, honestly, quite disturbing that so much of this discussion is focusing on the enforcement of legislation rather than the conservation aims of the legislation.