Tag Archives: Federal Register

FWS To Finalize Python Ban: Public Comment Reopens Tomorrow!

The US Herpetoculture Alliance has just learned that the US Fish & Wildlife Service (FWS) will reopen public comment on the “Constrictor Rule” tomorrow. The FWS has announced that public comment will be reopened for 30 days. Further, FWS has decided to reopen the public comment period, but only for the five remaining species that were NOT listed in 2012. The Herp Alliance expects to see FWS publish this announcement in the Federal Register on June 24, 2014.

This action was announced by the Office of Information and Regulatory Affairs (OIRA) last month, but when reported on by Herp Alliance, was discounted by those with poor access to information in Washington DC as “fear mongering.” Our information is always the most accurate and timely available regarding the future of herpetoculture.

Although reopening public comment is positive news, the Herp Alliance believes this action to be a clear signal that FWS is prepared to finalize the Constrictor Rule that was finalized in part on January 23, 2012 (77 FR 3330)– adding 4 species of constricting snakes to the In jurious Wildlife List of the Lacey Act. Any species listed on the Injurious List cannot be imported into the country nor transported across state lines without a special permit from FWS.

In January 2012 FWS published a rule in the Federal Register that added the Burmese python, northern African python, southern African python and yellow anaconda to the Injurious Wildlife List of the Lacey Act. The Constrictor Rule accounted for 4 of the 9 snakes originally proposed for listing. The remaining 5 snakes, Boa constrictor, reticulated python,  green anaconda, DeShauensee’s anaconda and Beni anaconda were not listed at that time, but remained “under consideration.”

FWS is likely hoping to add information to support their case to list the 5 remaining snakes.  It is imperative that the Reptile Nation respond with quality comments to counter their case. Time is of the essence. Hopefully the United States Association of Reptile Keepers (USARK) has been coaching it’s members in making quality comment, apprising members of the scientific community of the impending comment period, and updating economic surveys and profiles since the economic survey done in 2011. This is an unparalleled opportunity to influence the final disposition of the Constrictor Rule. The Reptile Nation cannot afford a misstep now.

Read Public Announcement Here




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!