Tag Archives: categorical exclusion

CatX — Quiet Storm of Lacey Act Overreach

Captive Bred Reticulated Python
Captive Bred Reticulated Python

In an unprecedented move, the U.S. Fish and Wildlife Service has empowered itself to shortcut the rule making process under the Lacey Act in order to more easily and arbitrarily declare “Injurious Wildlife” listings, and making way for the potential mass listing of species. Known as CatX, this newly enacted rule will negatively impact zoos and aquariums, research facilities, TV and film, aquaculture, herpetoculture, and the pet trade.

What is a Categorical Exclusion (CatX)?

The U.S. Fish and Wildlife Service (FWS) states:

A categorical exclusion is a class of actions under the National Environmental Policy Act (NEPA) that do not individually or cumulatively have a significant effect on the human environment. Under NEPA, Federal agencies are required to consider the potential environmental impact of agency actions prior to implementation. Agencies are then generally required to prepare either an Environmental Assessment (EA) or an Environmental Impact Statement (EIS). However, when a Federal agency identifies classes of actions that under normal circumstances do not have a potentially significant environmental impact, either individually or cumulatively, the Council on Environmental Quality (CEQ) regulations allow the agency to establish a categorical exclusion and to bypass the completion of an EA or an EIS when undertaking those actions.

Read more here…

RED ALERT: Catx Deadline July 31st at Midnight!

redalert_square
CatX Deadline July 31st at Midnight!

“The US Herpetoculure Alliance has just received word from Interior Secretary Sally Jewell that we will receive the extension on “Public Comment” that we requested!” ~ Herp Alliance CEO Andrew Wyatt 

The US Herpetoculture Alliance broke the news regarding the unprecedented and devastating impact the proposed “Categorical Exclusion” (CatX) could have on the herpetoculture community. There is no doubt that CatX is potentially the gravest threat herpetoculture has ever faced. It could remove all meaningful due process from adding animals to the Injurious Wildlife list of the Lacey Act; allowing US Fish & Wildlife Service to arbitrarily add animals in mass. DON”T LET THIS HAPPEN!

Two weeks ago Herp Alliance CEO, Andrew Wyatt, led a delegation to Washington, DC. Together with our counterparts at the Association of Zoos & Aquariums (AZA) and the Zoological Association of America (ZAA), we made our case to the Small Business Administration (SBA).

We received letters of support from the Committee Chairs of the US House Natural Resources Committee (HNR) and the Ranking Member of the Senate Environmental & Public Works Committee (EPW). Additionally, Congressman Tom McClintock pledged his support in getting answers from the Secretary of Interior.

The Senate EPW asked for a 90 day extension on public comment. The HNR asked that the CatX be completely withdrawn. We will likely not get any answers from FWS in the next few days. Stay tuned for updates.take-action

PLEASE DO YOUR PART! The Herp Alliance has been working hard for you, now you must take action on the most important issue in the history of herpetoculture! SEND AN EMAIL TO FWS WITH YOUR PUBLIC COMMENT!

 

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Send an Email to FWS!

***Copy and paste the following template into an email and send it to FWS (making a comment in the comment section of our blog page is NOT making “public comment” to FWS). Be sure to include the subject line. Make public comment prior to July 31 deadline. Email FWS directly:

Email Address: prevent_invasives@fws.gov

Subject Line: Categorical Exclusion; FWS–HQ–FHC–2013–N044

As a member of the herpetoculture community I am against the proposed US Fish & Wildlife “Categorical Exclusion” from NEPA mandates and I would like to support Senate EPW Ranking Member Vitter’s request for a 90 day extension on the public comment period.

This type of Categorical Exclusion is too far reaching and without precedent. It could facilitate the arbitrary addition of animals to the injurious wildlife list of the Lacey Act; potentially threatening the entire $1.4 billion annual commerce in reptiles and amphibians. Not only would it negate due process, but it would also negate legal recourse under NEPA. Categorical Exclusion could potentially become a tool to destroy my small business. Please consider the following points:

  1. The proposed categorical exclusion bypasses the requirement to consider economic and social impacts under NEPA.
  2. A categorical exclusion would not allow FWS to fully consider the beneficial impacts of declining to list a species under the Lacey Act.
  3. The proposed categorical exclusion is much broader than any of the other eight exclusions that FWS has approved under “permitting and regulatory functions”.
  4. The FWS’s “extraordinary circumstances” exception to a categorical exclusion is unhelpful because it does not apply to actions with high economic impacts.

Thank you.

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Click here to read Senator Vitter’s request for 90 day extension on CatX: 7.24.2013 CatX Comment Extension- Vitter

Click here to read HNR request to withdrawal CatX: PDF_Letter_to_Director_Dan_Ashe_on_Categorical_Exclusion

Click here to read Herp Alliance detailed CatX talking points: USHERP CatX Talking Points 2013

CatX Update: FWS Amphibian Ban!

The US Herpetoculture Alliance has just been made aware of a NEW wrinkle in the whirlwind US Fish & Wildlife (FWS) Categorical Exclusion (CatX) power grab! Sources inside Capitol Hill have just informed us that the CatX is a precursor to the wholesale listing of ALL amphibians to the Injurious Wildlife list of the Lacey Act. CatX, if enacted, would remove most of the due process afforded the rule making process under the National Environmental Protection Act (NEPA). It would exclude FWS from doing due diligence in regards to scientific, economic and social impacts. In other words they could list ALL amphibians, in essence, just by declaring that they are injurious wildlife!

A petition to add ALL amphibians to the injurious list was fielded by FWS about two years ago. Subsequently, FWS published a Notice of Inquiry in the Federal Register signaling their intention to propose a rule. The US Herpetoculture Alliance predicted this scenario three weeks ago when we broke the news of FWS’s intention to secure CatX. It was our opinion that CatX was a precursor to an attempt to list all amphibians on the injurious list without giving due process to the thousands of species that could be affected. Further, the Herp Alliance believes that this would be only the beginning of additional large scale listings of hundreds of species.

Senate EPW Ranking Member David Vitter
Senate EPW Ranking Member David Vitter

The good news is, the hard work that the US Herpetoculture Alliance has been engaged in all year is bearing fruit. The US House Natural Resources Committee has written a letter to Dan Ashe, Director of FWS, asking that the CatX be withdrawn by the agency. Simultaneously, the US Senate Environmental & Public Works Ranking member, Senator David Vitter, has requested a 90 day extension on “public comment” for CatX. The current deadline is July 31st.

Although the Herp Alliance and our allies have made a strong case for the extension of the “public comment” period, it is imperative that everyone make public comment prior to the July 31st deadline. If we get the extension we can all make more substantive supplemental comments, but time is of the essence on making public comment NOW!

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***Copy and paste the following template into an email and send it to FWS (making a comment in the comment section of our blog page is NOT making public comment). Be sure to include the subject line. Make public comment prior to July 31 deadline. Email FWS directly:

Email Address: prevent_invasives@fws.gov

Subject Line: Categorical Exclusion; FWS–HQ–FHC–2013–N044

As a member of the herpetoculture community I am against the proposed US Fish & Wildlife “Categorical Exclusion” from NEPA mandates and I would like to support Senate EPW Ranking Member Vitter’s request for a 90 day extension on the public comment period.

This type of Categorical Exclusion is too far reaching and without precedent. It could facilitate the arbitrary addition of animals to the injurious wildlife list of the Lacey Act; potentially threatening the entire $1.4 billion annual commerce in reptiles and amphibians. Not only would it negate due process, but it would also negate legal recourse under NEPA. Categorical Exclusion could potentially become a tool to destroy my small business. Please consider the following points:

  1. The proposed categorical exclusion bypasses the requirement to consider economic and social impacts under NEPA.
  2. A categorical exclusion would not allow FWS to fully consider the beneficial impacts of declining to list a species under the Lacey Act.
  3. The proposed categorical exclusion is much broader than any of the other eight exclusions that FWS has approved under “permitting and regulatory functions”.
  4. The FWS’s “extraordinary circumstances” exception to a categorical exclusion is unhelpful because it does not apply to actions with high economic impacts.

Thank you.

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Read letter from Senator David Vitter requesting 90 day extension on CatX: 7.24.2013 CatX Comment Extension- Vitter

Read letter from House Natural Resources requesting withdrawal of CatX: PDF_Letter_to_Director_Dan_Ashe_on_Categorical_Exclusion

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***It has come to our attention that another organization is picking up our press releases, paraphrasing them, and then releasing them as their own. We are not overly concerned with this fact, and will continue to do the work and break the news. We prefer to be inclusive and stay above the fray on  issues that are so vitally important to herpetoculture. Emulation is the greatest form of flattery, and maybe it will provide greater awareness to the community in these troubled times. We welcome anyone who can help spread the word on CatX. We need unity in the herp community if we hope to prevail***

ACTION: CatX Threatens Entire Herp Nation!

US Fish & Wildlife Service Seeks CatX to Avoid Due Process For Injurious Listings
US Fish & Wildlife Service Seeks CatX to Avoid Due Process For Injurious Listings

(Some people are attempting to make public comment by commenting on the Herp Alliance Blog page. This will NOT work! Comments must be emailed directly to FWS at email address with sample letter)

The “Categorical Exclusion” (CatX) proposed earlier this month by US Fish & Wildlife Service (FWS) is the single most dangerous threat ever fielded against herpetoculture! If enacted, CatX would pave the way for FWS to easily add species to the Injurious Wildlife list of the Lacey Act by waving due process under the National Environmental Policy Act (NEPA). NEPA requires due process with science, economics and social impact considered prior to listing. CatX would eliminate NEPA mandated impact studies! Please read this entire alert and take the action outlined below!

Small Business Administration Meeting:

On July 17, 2013, the US Herpetoculture Alliance led a coalition of small business stakeholders and associations in a meeting with the Small Business Administration Office of Advocacy (SBA) in Washington, DC. SBA was interested in collecting input from stakeholders regarding small business impacts of the proposed FWS CatX. This was the most important high level government meeting in several years; and likely the last prior to the CatX debate. Participants included representatives from the Association of Zoos & Aquariums (AZA), Zoologic Association of America (ZAA), US Herpetoculture Alliance, The Frog Ranch, Gourmet Rodent and Vida Preciosa International (VPI). Our coalition was very well received, and we believe SBA will come out in support of small business. PIJAC/USARK were invited, but declined to attend.

Meetings at US House and Senate:

While in Washington, DC, Herp Alliance CEO, Andrew Wyatt met with Congressman Tom McClintock (R-CA) from the US House Natural Resources Committee (HNR) and professional staff from the Senate Environmental & Public Works Committee (EPW). FWS published notice of the CatX over the 4th of July holiday weekend without directly contacting impacted stakeholders. It has taken some time to analyze the CatX and formulate an informed opinion. The current deadline for public comment is July 31st. The Herp Alliance, AZA and ZAA have all requested that FWS extend the deadline for public comment on CatX by 60 days. HNR and EPW are supportive of our requests.

On behalf of the Herp Alliance, Congressman McClintock promised to ask new Interior Secretary Sally Jewell whether she was aware of the CatX and it’s implications.

Congressman Tom McClintock, Frog Ranch President Kim Thomas and US Herpetoculture Alliance CEO Andrew Wyatt
Congressman Tom McClintock, Frog Ranch President Kim Thomas and US Herpetoculture Alliance CEO Andrew Wyatt

“Madam Secretary, you may be aware that FWS recently proposed a rule for Categorical Exemption from NEPA mandates regarding “Injurious Wildlife Listings” under the Lacey Act. This Committee understands well the challenges in dealing with invasive species, however, I am concerned that exempting the FWS from addressing the Environmental, Economic and Social impacts of proposed additions to the list could be extremely damaging to small business; as several of the species FWS seems to be targeting are widely traded and would have a significant economic impact.  I’d like your commitment to look into this matter and get back to me before the service finalizes their rule making on this issue”. ~ Congressman Tom McClintock

The US Herpetoculture Alliance expects to have an answer from Secretary Jewell prior to the July 31st deadline for public comment.

Make Public Comment Today; Deadline July 31st!

It is of paramount importance that the herpetoculture community take CatX seriously and make comment prior to the deadline. Herp Alliance CEO Andrew Wyatt expressed his concerns regarding CatX, “I am afraid that CatX has not registered with herpers… this is the greatest threat to ownership and trade of herps in the history of herpetoculture”! CatX is a much greater threat than the python ban. FWS seeks to completely exclude themselves from the scientific and economic considerations they currently must observe. If CatX is enacted FWS can arbitrarily add any animal to the Injurious Wildlife list without due process under NEPA. Further, legal recourse under NEPA would no longer be available. Wyatt added, “Make no mistake, this is the biggest threat we have ever faced. Nothing is safe under CatX. All reptiles and amphibians are at risk! Please make public comment”.

The Herp Alliance implores you to make public comment prior to the deadline of July 31, 2013. We have developed a template covering the most pertinent talking points along with an individual request for a 60 day extension on public comment. You can also use the talking points to write your own comment. Email us at president@usherp.org for more detailed talking points.

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***Copy and paste the following template into an email and send it to FWS. Be sure to include the subject line. Make public comment prior to July 31 deadline. Email directly to:

Email Address: prevent_invasives@fws.gov

Subject Line: Categorical Exclusion; FWS–HQ–FHC–2013–N044

I am against the proposed US Fish & Wildlife “Categorical Exclusion” from NEPA mandates. This action could facilitate the arbitrary addition of animals to the injurious wildlife list of the Lacey Act; potentially threatening the entire $1.4 billion annual commerce in reptiles and amphibians. Not only would it negate due process, but it would also negate legal recourse under NEPA. Categorical Exclusion could potentially become a tool to destroy my small business. Please consider the following points:

  1. The proposed categorical exclusion bypasses the requirement to consider economic and social impacts under NEPA.
  2. A categorical exclusion would not allow FWS to fully consider the beneficial impacts of declining to list a species under the Lacey Act.
  3. The proposed categorical exclusion is much broader than any of the other eight exclusions that FWS has approved under “permitting and regulatory functions”.
  4. The FWS’s “extraordinary circumstances” exception to a categorical exclusion is unhelpful because it does not apply to actions with high economic impacts.

Additionally, the 30 day public comment period is far too short to make a fully informed comment. FWS published the proposed rule in the federal register over the holiday weekend. 30 days is not adequate to get full participation and quality comments. I am requesting that the public comment period be extended by 60 days.

Thank you.

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The US Herpetoculture Alliance remains committed to providing the most sophisticated and effective advocacy available for herpetoculture. Others cannot match our talent, experience or high level connections. We break the news first, provide in depth analysis on the issues and support the community with the most effective advocacy strategy and tools.

Click here for FWS notice in Federal Register on CatX: NEPA-FWS

Click here for US Herpetoculture Alliance analysis/ talking points on Cat X: USHERP CatX Talking Points 2013

FWS Seeks “Categorical Exclusion” to Expedite Injurious Listing

FWS Seeks Catagorical Exclusion for Injurious Wildlife
FWS Seeks Categorical Exclusion for Injurious Wildlife Listing

US Fish and Wildlife Service (FWS) published a notice on July 1, 2013 of a proposal to add a “categorical exclusion” under the National Environmental Policy Act (NEPA) for the action of listing a species as “injurious wildlife” under the Lacey Act entitled:  National Environmental Policy Act:  Implementing Procedures; Addition to Categorical Exclusions for U.S. Fish and Wildlife Service

FWS Summary: This notice announces a proposed categorical exclusion under the National Environmental Policy Act for the U.S. Fish and Wildlife Service. The proposed categorical exclusion pertains to adding species to the injurious wildlife list under the Lacey Act. FWS states that the addition of this categorical exclusion to the Department of the Interior’s Departmental Manual will improve conservation activities by making the NEPA process for listing injurious species more efficient.

US Herpetoculture Alliance: Our legal counsel is currently doing a thorough analysis of the proposed “categorical exclusion”, but we believe that this is an attempt to circumvent due process in order to more easily list reptiles, amphibians and other animals as “injurious species” under the Lacey Act.

US Herpetoculture Alliance The Future of Herpetoculture
US Herpetoculture Alliance
The Future of Herpetoculture

In recent years FWS has shown a clear bias toward avoiding due process in order to reach politically motivated goals. In this “brave new world” where FWS seems to manufacture “science” to support predetermined policy goals, the US Herpetoculture Alliance sees this move as a further corruption of the process to avoid assessing potential impacts on herpetoculture as a legitimate agricultural vocation.

This is a particularly disturbing development in light of the fact that FWS has made it clear that they hope to add more herpetofauna to the injurious list. As it stands the future of five constricting snakes and ALL amphibians stand in the balance. Prior to the 2012 rule making that added Burmese pythons, northern African pythons, southern African pythons and yellow anacondas there was no precedent for adding animals widely held by the American public. The fact that hundreds of thousands of animals are already being publicly held across the country negates the fundamental effectiveness of the Lacey Act to limit proliferation.

The Lacey Act’s stated policy intent was to stop the import of injurious species, and further stop proliferation across state lines. This function is rendered ineffectual once animals are widely held by the public. The Lacey Act is a monumental failure as a tool to control invasive species. It’s track record speaks for itself. The Lacey Act has NEVER been successful as a tool to stop the introduction of invasive species, nor erradicate them once they have been established. The US Herpetoculture Alliance believes alternatives to the Lacey Act are critical to the fair treatment of herpetofauna already well established in captivity.

The notice opens a 30-day public comment period ending on July 31 (please see Federal Register for instructions on submitting comments)

Here is the link:to the Federal Register document: http://www.gpo.gov/fdsys/pkg/FR-2013-07-01/pdf/2013-15707.pdf

Please stay tuned to the US Herpetoculture Alliance UPDATES for in depth analysis of this issue COMING SOON! The Herp Alliance is proud to keep the herpetoculture community informed and empowered as the premier herpetoculture advocate. Herp Alliance is the Future of Herpetoculture!