Tag Archives: Dangerous Wild Animals

American Bar Association Recommends Constrictor Ban

No BoaThe US Herpetoculture Alliance reported on September 1, 2014 that the Animal Law Committee of the American Bar Association (ABA) had taken a stand against “Dangerous Wild Animals,” recommending a ban on the private ownership of ALL large constrictors, venomous snakes and crocodilians.  640px-American_Bar_Association.svg

Today, the ABA House of Delegates approved ABA Animal Law Committee
Resolution 105
, urging the passage of laws that “prohibit, the possession,sale, breeding, import, or transfer of dangerous wild animals.”
 Resolution 105 states that:

“Dangerous wild animals do not make good pets. Only through private prohibition can there exist  a uniform U.S. legal regime that safeguards the public, protects animals, allocates legal liability and insurance risk properly, furthers a policy of respect for nature, and considers the interests of present and future generations in accordance with the goals of the American Bar Association.”

ABA’s list is broad and over-inclusive, and it has defined “Dangerous Wild Animals” to include, among multiple species of mammals, the following reptiles:

  • All species of alligators, crocodiles, caimans, gharials.
  • Family Atractaspidae: all species, such as mole vipers.
  • Anacondas (Genus Eunectes), boa constrictors (Boa constrictor), Burmese pythons (Python molurus), reticulated pythons (Python reticulatus), amethystine pythons (Morelia amethistinus), scrub pythons (Morelia kinghorni), Northern African pythons (Python sebae), Southern African pythons (Python natalensis).
  • Family Colubridae: boomslangs (Dispholidus typus), twig snakes (Genus Thelotornis).
  • Family Elapidae: all species, such as cobras, mambas, and coral snakes.
  • Family Hydrophiidae: all species, such as sea snakes.
  • Family Viperidae: all species, such as rattlesnakes, pit vipers, and puff adders.

The Report presents new problems for all exotic animal owners and keepers, including reptile owners.  The Report states that,

“the American Bar Association urges all federal, state, territorial, and local legislative bodies and/or governmental agencies to enact comprehensive laws that prohibit the private possession, sale, breeding, import, or transfer of dangerous wild animals, such as big cats, bears, wolves, primates, and dangerous reptiles, in order to protect public safety and health, and to ensure the humane treatment and welfare of such animals.”

This edict, adopted and approved by the ABA, will be a persuasive argument to politicians.

The Reptile Nation needs, now more than ever, effective advocacy, or the Lacey Act’s Injurious Wildlife List will be a moot point because large constrictors will be illegal at the state and local levels.

American Bar Association Recommends Constrictor Ban

No Boa
640px-American_Bar_Association.svgThe US Herpetoculture Alliance has learned that in August, the American Bar Association (ABA) Animal Law Committee took a stand against “Dangerous Wild Animals” in a report that can be read in its entirety here: ABA Animal Law Committee August 2014 Report on Dangerous Wild Animals.  The Report, which recommends a ban on the private ownership of ALL large constrictors, venomous snakes and crocodilians,  concluded that:

“Dangerous wild animals do not make good pets. Only through private prohibition can there exist  a uniform U.S. legal regime that safeguards the public, protects animals, allocates legal liability and insurance risk properly, furthers a policy of respect for nature, and considers the interests of present and future generations in accordance with the goals of the American Bar Association.”

ABA’s list is broad and over-inclusive, and it has defined “Dangerous Wild Animals” to include, among multiple species of mammals, the following reptiles:

  • All species of alligators, crocodiles, caimans, gharials.
  • Family Atractaspidae: all species, such as mole vipers.
  • Anacondas (Genus Eunectes), boa constrictors (Boa constrictor), Burmese pythons (Python molurus), reticulated pythons (Python reticulatus), amethystine pythons (Morelia amethistinus), scrub pythons (Morelia kinghorni), Northern African pythons (Python sebae), Southern African pythons (Python natalensis).
  • Family Colubridae: boomslangs (Dispholidus typus), twig snakes (Genus Thelotornis).
  • Family Elapidae: all species, such as cobras, mambas, and coral snakes.
  • Family Hydrophiidae: all species, such as sea snakes.
  • Family Viperidae: all species, such as rattlesnakes, pit vipers, and puff adders.

The Report presents new problems for all exotic animal owners and keepers, including reptile owners.  The Report states that,

“the American Bar Association urges all federal, state, territorial, and local legislative bodies and/or governmental agencies to enact comprehensive laws that prohibit the private possession, sale, breeding, import, or transfer of dangerous wild animals, such as big cats, bears, wolves, primates, and dangerous reptiles, in order to protect public safety and health, and to ensure the humane treatment and welfare of such animals.”

Without question, this Report will make its way into legislatures across the country as anti-reptile bills are introduced, and an edict from the ABA will be a persuasive argument to politicians.

The Reptile Nation needs, now more than ever, effective advocacy, or the Lacey Act’s Injurious Wildlife List will be a moot point because large constrictors will be illegal at the state and local levels.

VETO West Virginia HB 4393

veto HB 4393On March 6, 2014, the West Virginia Senate passed House Bill 4393, the Dangerous Wild Animals Act, on a vote of 69 yeas, 23 nays, and 8 not voting.

This bill is over reaching, unnecessary, creates an unfunded mandate for the state and is unconstitutionally vague.  The only hurdle that remains before it becomes law in West Virginia is Governor Tomblin’s signature.  In 2012, Governor Tomblin had the strength of conviction to veto a very similar bill, and Herp Alliance has asked him to use that same strength in exercising his veto again.

Please click on the links below to see our letter to Governor Tomblin and to download talking points on HB 4393.

Herp Alliance letter to Governor Tomblin urging him to veto HB 4393.

Herp Alliance HB 4393 Talking Points

Missouri’s Criminal Dangerous Wild Animal Bill

MO FlagOn February 6, 2014, Missouri Representative Stanley Cox introduced House Bill 1371, which changes laws regarding the Missouri Criminal Code and which was amended on February 10, 2014.

Among those changes, Missouri seeks to define the “keeping a dangerous wild animal” as any person who “keeps any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, nonhuman primate, coyote, any deadly, dangerous, or poisonous reptile, or any deadly or dangerous reptile over eight feet long, in any place other than a properly maintained zoological park, circus, scientific, or educational institution, research laboratory, veterinary hospital, or animal refuge, unless he or she has registered such animal with the local law enforcement agency in the county in which the animal is kept.”

The offense of keeping a dangerous wild animal will be a Class C misdemeanor.

Although privately keeping “any deadly, dangerous, or poisonous reptile, or any deadly or dangerous reptile over eight feet long” without a permit is already prohibited in Missouri, the definition as a “dangerous wild animal” would be new, and may impact even those owners who have permits as their insurance premiums will likely be adversely affected.

 

WV: Another Win For Herpetoculture!

stsealAfter engaging Chairman Miley’s office at the WV House Judiciary Committee, and Chairman Craig’s office at WV House Natural Resources Committee the US Herpetoculture Alliance has been informed that it is “highly unlikely” that SB 466 and HB 2209 will move forward. West Virginia herpetoculturists can breathe a sigh of relief, both of these bills will be dead tomorrow. They will both hit deadlines for reporting out of committee on April 11, 2013.

HB 2209 was “dead on arrival.”  Once introduced into the WV House of Delegates, it never found any traction once it was referred to committee. However, SB 466 was a much different story and gave us quite a scare.

SB 466 is a broad sweeping, ambiguous ban on exotic animals. “Dangerous Wild Animals” are defined as “mammals, birds, reptiles, amphibians and aquatic life, including hybrids, that are dangerous to humans, other animals and the environment due to their inherent nature.”  Wildlife, agricultural animals and domestic animals already defined by West Virginia statute are exempted.  However, SB 466 vests authority to a Dangerous Wild Animal Board (the “Board”)  to list dangerous wild animals pursuant to administrative rule making authority.

SB 466 was sponsored by Senate Majority Whip William Laird. Senator Laird is also Chairman of the Senate Natural Resources Committee to which SB 466 was referred. SB 466 was reported favorably out of Natural Resources on March 6th, the same day it was introduced and referred to committee. Subsequently SB 466 was reported out of the Senate Finance Committee without notice nor testimony on April 2nd where it then moved to the Senate floor and passed by a vote of 32-1 on April 3rd.

SB 466 then crossed over to the House of Delegates and was referred to the House Judiciary and Finance Committees. This was where the Herp Alliance was able to more fully engage the bill. The Herp Alliance CEO, Andrew Wyatt, engaged in a number of conversations with Chairman Wiley’s office at House Judiciary. Wyatt had strong grass roots support from Joe Perdue, Greg Stephens and dozens of Herp Alliance supporters from West Virginia Reptile Watch, a WV watchdog group of businessmen and herp enthusiasts. Wyatt was told that SB 466 had not been assigned to an attorney at House Judiciary, and didn’t likely have enough momentum to run prior to the April 11 deadline. The only way SB 466 could move forward is to be reported out of the Judiciary committee, and then be reported out of the Finance committee by tomorrow. That is NOT likely to happen.

The Herp Alliance would like to thank West Virginia Reptile Watch and it’s leaders Joe Perdue and Greg Stephens for a job well done! Tomorrow will be a great new day in West Virginia!

 

HSUS Dangerous Animal Legislation 2013

US Herpetoculture Alliance, Inc.
US Herpetoculture Alliance, Inc.

By Andrew Wyatt

The Humane Society of the United States (HSUS) has launched an aggressive campaign to ban the ownership of exotic animals at the state level. On the heels of Zanesville, where HSUS put intense pressure on Ohio’s Governor Kasich and Senator Balderson to pass a draconian new law that not only bans multiple species of reptiles, it further restricts many more, and can be changed easily without public input. Wayne Pacelle’s blog called the victory in Ohio, one of the “Biggest success stories of 2012”. HSUS has coined the catchphrase ‘Dangerous Wild Animal’ or DWA in order to impose onerous restrictions on the private keeping of these animals, including many species of reptiles, or to create outright bans on their ownership. HSUS has plans to export DWA legislation around the country.

HSUS has used exaggeration and inflammatory rhetoric in trying to paint a picture of pythons as “high maintenance deadly predators.” Debbie Leahy, Captive Wildlife Regulatory Specialist for HSUS said, “Escaped pythons are springing out of toilets, attacking people in gardens and ambushing children playing in their yards.”. These outrageous statements are a veiled attempt to scare legislators and the public into passing unwarranted and unneeded legislation in knee-jerk fear of Dangerous Wild Animals on the attack.

Now they are aggressively attempting to introduce new DWA legislation in a number of states. Some of the states being targeted by the HSUS 2013 DWA legislative initiative are:

Dangerous Wild Animal Initiative 2013
Dangerous Wild Animal Initiative 2013

1. Illinois,

2. Indiana,

3. Missouri,

4. Nevada,

5. Virginia,

6. West Virginia, and

7. Wisconsin

Initiatives in Pennsylvania and South Carolina may be promoted as well. HSUS will attempt to pass this legislation in every state in which they are able to get a foothold.

The Herp Alliance seeks to activate herp societies and herp clubs across the battleground states of the Herp Nation, and rally them to organize and prepare to take action when the time is right. The Herp Alliance will provide the information and tools necessary for coordinated grass roots action. Herp Alliance’s experienced legislative experts ensure strong leadership on the ground, and a powerful focused message in the statehouse. We are appealing to the leaders of the clubs and societies to share news and information as events develop.

Working together we will employ a powerful plan of action. Together we can meet these threats posed out of ignorance and misinformation. Together we will defend the animals that are our passion and livelihoods. It is time to put differences to the side and get to work!

“There is no substitute for experience.” Stay tuned for more news as it happens on the Herp Alliance facebook page, the Herp Alliance blog, and the Herp Alliance web site

Send Questions to: info@usherp.org

“Working together for the Future of Herpetoculture”