Bronx Reptiles, Inc. Slithers Through the Law’s Grasp 

The Lacey Act mandates that live animals be imported into the US humanely: “…it shall be unlawful for any person, including any importer, knowingly to cause or permit any wild animal or bird to be transported to the United States, or any Territory or district thereof, under inhumane or unhealthful conditions or in violation of such requirements.” In 1995, negligent packing resulted in the annihilation of an entire shipment of Solomon Island frogs—all 73 of them—imported by Bronx Reptiles, Inc. In 1996, US Magistrate Judge Cheryl L. Pollack found Bronx Reptiles guilty of violating the Act and the following year imposed a $10,000 fine and five years probation. Bronx Reptiles had been fined for similar violations on a number of occasions involving iguanas, boa constrictors, chameleons, geckos, and other species. 

When the 1995 shipment arrived at New York’s JFK airport, Inspector Leo Yen of the US Fish and Wildlife Service observed, “that the frogs were packed in a shallow container with no damp materials, no separate bags, and no water tray with sponge.” During the trial, Peter Brazaitis, curator of animals at the Central Park Zoo, testified that, “it is critical that frogs and other amphibians be packed with a reservoir of water when transported so that their skin does not dehydrate.” The Court agreed: “[d]epriving a frog of sufficient moisture is virtually a guaranteed death sentence for that frog, and in this case, the fact that every single frog in the shipment died certainly supports that conclusion."

This conviction was overturned on appeal on June 30, 2000. Two judges decided that the importer must have knowledge that a live animal shipment would be packed inhumanely and that Bronx Reptiles had no such knowledge. Dissenting, Senior Circuit Judge Oakes recalled the legislative history in passage of the Lacey Act’s humane and healthful transport amendments: “Congress plainly contemplated that United States importers would be in a position where they could be responsible for ensuring safe transport of live animals." 

The Department of Justice refused to request a Rehearing after the conviction was overturned, despite the Fish and Wildlife Service’s urging. According to the Service’s memo, “This decision puts the Service at a distinct disadvantage in our ability to ensure that live wildlife are imported in a humane and healthful manner.”