Thursday, April 22, 2010

Proposed Rule Change: Background Info



Photo: (c) Jamie K. Reaser

The US Fish and Wildlife Service (USFWS) has published a "proposed rule change" in the Federal Register (a document which announces government policy action) to list nine species of large constrictor snakes as "injurious wildlife" under the Lacey Act.

The nine species proposed for listing are: the Burmese python, northern African python, southern African python, reticulated python, green anaconda, yellow anaconda, Beni or Bolivian anaconda, DeSchauensee’s anaconda, and boa constrictor.

Under the Lacey Act, the Secretary of the Interior is authorized to regulate the importation and interstate (between state) transport of species determined to be injurious to humans, the interests of agriculture, horticulture or forestry, and the welfare and survival of wildlife resources of the United States. For more information on the Lacey Act see: http://www.fws.gov/laws/lawsdigest/LACEY.HTML

If the proposed rule change is adopted as currently written, it will become a FELONY for anyone to import the nine species or move them from one state to the next as pets or for sale/trade/barter as pets.

The USFWS proposed rule change is largely based on a controversial risk assessment conducted by the US Geological Survey (which has not been made available for public comment), as well as a draft economic analysis and draft environmental assessment.

A copy of the proposed rule change, press release, and a Frequently Asked Questions document prepared by the USFWS can be found at:

http://www.fws.gov/verobeach/index.cfm?method=activityhighlights&id=11

PIJAC does not believe that the proposed rule change is based on the best available information (either in terms of science or economics) or that it will in any way help to reduce the population of Burmese pythons established in Everglades National Park (south Florida).

To the contrary, PIJAC is concerned that:

1. An injurious wildlife listing of these species will result in the mass euthanasia and/or release of these and other reptiles - creating animal welfare and environmental problems that do not currently exist.

2. Listing these species as injurious wildlife will have a devastating impact on businesses across the country that are involved in constrictor trade, care, and education --- constrictor importers/exporters/breeders/distributors/retailers/transporters, reptile veterinarians, public educators (including zoos), and product manufactures/distributors/retailers. That's millions (billions?) of dollars and countless jobs lost to an already challenged economy.

3. Set the precedent for numerous other species to be listed as injurious wildlife with little scientific justification - and with grave animal welfare, environmental, and socio-economic consequences.

While PIJAC recognizes the need to minimize the risk of invasive species introduction (and has been a leader on invasive species issues for decades), it believes that there are more effective approaches to keeping large constrictors out of the natural environment. These include, but are not limited to: public education campaigns such as Habitattitude (see www.pijac.org), caging and handling standards, permit and microchipping programs, and amnesty (no-fault surrender) initiatives.

PIJAC's expertise, based on 40 years of organizational experience in animal law and policy, also leads it to conclude that this issue is best addressed through state regulation. Only two species of large constrictors have ever been demonstrated as established in the US - the Burmese python and the Boa constrictor - both in southernmost Florida. The Burmese python population is greatly diminished due to this past winter's cold spell. To the best of our knowledge, no one has evidence that the Boa constrictor population still exists - there haven't been any reported from the known location in years. Clearly the notion that these large constrictors are going to spread throughout a large portion of the US is unfounded. The State of Florida already has an appropriate "Reptiles of Concern" policy and program in place - this should serve as the basis for managing the snakes that remain in south Floria and be used as a model by other states in the southernmost parts of the US.

PIJAC is encouraging constrictor experts and enthusiasts to review the USFWS documents and provide constructive, substantive comments to the USFWS by the 11 May 2010 deadline (Note: we hope this deadline will be extended...watch for more information).

Please use this blog - and the links to it - to learn more, and then take action.

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Boa constrictor photo in blog header - (c) Vincent Russo, Cutting Edge Herp Inc.