Re: NANFA-L-- Interesting news article

dlmcneely-in-lunet.edu
Thu, 27 Jul 2006 21:54:14 -0500

You know, most of us know almost no particulars about this case. A
news story was posted, and we have responded to it. We don't know how
many times the fellow imported fish (if he ever did), we don't know
when he did other than that he has had fish for 15 years according to
the story. He may have bought fish repeatedly during that time,
including within the past weeks for all we know. We just don't know
much.

News media are good-in-making something sound like a lot more or less
than it is, depending on how the reporter wants to play it. People
who read the stories are good-in-making even more of it than the story
does.

Dave

David L. McNeely, Ph.D., Professor of Biology
Langston University; P.O. Box 1500
Langston, OK 73050; email: dlmcneely-in-lunet.edu
telephone: (405) 466-6025; fax: 405) 466-3307
home page http://www.lunet.edu/mcneely/index.htm

"Where are we going?" "I don't know, are we there yet?"

----- Original Message -----
From: Doug Gross <seiji64a-in-yahoo.com>
Date: Thursday, July 27, 2006 9:34 pm
Subject: Re: NANFA-L-- Interesting news article
> Ex post facto may not apply here, but according to the
> article "...Ly was charged with importing freshwater
> fish without a permit." He had the fish there since
> he opened the store 15 years ago. I think the statue
> of limitations for a charge of that nature would have
> expired a some time ago.
>
> Doug
>
> --- "Brian J. Torreano" <headdarter-in-btdarters.com>
> wrote:
>
> > Derek,
> > You are 100% correct! It is indeed
> > unconstituional for someone to be
> > busted for an action that was not illegal-in-the
> > time they performed
> > said action. Laws that make previously-committed
> > actions illegal are
> > called "ex post facto" laws. Article 1, Section 9
> > of the U.S.
> > Constitution says that, "No Bill of Attainder or EX
> > POST FACTO Law
> > shall be passed". So what the restaurant owner did
> > was not illegal!
> > In fact it's not illegal because he DIDN'T do
> > anything. The article
> > says that, "The koi had been on display since Ly
> > opened the
> > restaurant NEARLY 15 YEARS AGO..", and, "A FEW YEARS
> > AGO, however,
> > Maine outlawed the importation and possession of
> > koi..". Because Ly
> > imported and possessed the fish BEFORE the law went
> > into effect, he
> > was not breaking the law by continuing to own the
> > fish. The
> > officials who busted Ly should hope and pray that he
> > doesn't take
> > them to court, because he would CLEARLY win on this
> > one!
> >
> > Brian
> >
> > Brian J. Torreano - Owner
> > BTDarters
> > Your on-line resource for American Darters and other
> > native fish for the
> > small to medium-sized aquarium!
> > Web: http://www.btdarters.com
> > Phone: (262) 268-7489
> >
> > >From: Derek Parr <derekparr-in-earthlink.net>
> > >Reply-To: nanfa-l-in-nanfa.org
> > >To: nanfa-l-in-nanfa.org
> > >Subject: Re: NANFA-L-- Interesting news article
> > >Date: Tue, 25 Jul 2006 13:36:49 -0400
> > >
> > >i was always under the impression that it was
> > unconstitutional to bust
> > >someone for doing something they did before the law
> > against it was created.
> > > Not that anyone cares about that outdated piece
> > of paper any more.
> > >
> > >yet another example of the evils of
> > self-righteousness I guess.
> > >
> > >-derek parr
> > >chapel hill, nc
> > >
> > >
> > >Bill Flowers wrote:
> >
> >>http://news.bostonherald.com/localRegional/view.bg?
articleid=149770&format=&page=1
> > / This is the discussion list of the North American
> > Native Fishes
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