Herp Law Alerts

Final comments on USF&W Information Request On Boas & Pythons are due TODAY!

Final comments on the USF&W Information Request regarding Boas & Pythons are due TODAY!
It is time now to get them in if you want your comments taken into consideration.

kingsnake.com's comments have been submitted, if you would like to use them to model your own
response see it at http://kingsnake.com/USFWSBoaPythonResponse.pdf

Please feel free to utilize the data, charts, graphs included if you find them useful
for your own submission.

If you need to do further research, information regarding the current boa & python laws
in your state can be found in the Herp Law/CITES Forum at http://forums.kingsnake.com/forum.php?catid=13
and the Reptile Law Resource Center at http://www.kingsnake.com/laws/

PIJAC has released a great document to help you respond. It is recommended that you look
it over before submitting your comments. Check it out at http://kingsnake.com/AdviceforResponse.pdf

If you still have confidential financial data you would like to submit anonymously
PIJAC is still accepting data submissions. Please send your financial information to
info@pijac.org and pijacscience@nelsoncable.com ASAP if you wish it to be included

To submit your comments online today please go to
http://www.regulations.gov/fdmspublic/component/main?main=SubmitComment&o=09000064803a565f

The future of private reptile ownership in the United States is in your hands!
Whether you keep boas or pythons, or leopard geckos, bearded dragons or tortoises
you need to respond. If your company makes or sell supplies to keep these animals,
you need to respond! Do it now! Send this to all your friends and family members,
get everyone you know to reply, whether they keep reptiles or not.

It's time to rply to USFW Boa & Python Inquiry - Here Is How!

I don't think that I can add much to what PIJAC recommends below, other than to say that we are working hard to have some data here over the weekend to help fill in the blanks. Some of the information regarding state laws has been posted here in the forums this week and may also be located in the Reptile Law Resource Center, but we plan on having data available for each states laws, numbers of pets stores that sell reptiles & supplies, numbers of vendors on kingsnake.com and what animals and products they sell. Please check our Herp Law/CITES Forum located at http://forums.kingsnake.com/forum.php?catid=13. Also, if you have knowledge of your state's laws concerning boas & pythons, please help us with a survey at http://forums.kingsnake.com/view.php?id=1508430,1508430

In the meantime I recommend that everyone review the information below as it not only is a useful tool for responding to this request, but may be utilized for responding to other requests at the federal, state, and local levels.

I do recommend that even though the PIJAC suggestions do not mention dry goods, that the economic information regarding dry goods, caging, food, and other supplies and equipment utilized in maintaining these animals be included. If you manufacture cages, produce feeder items, or sell any other goods associated with keeping boas and pythons please make sure to include that data in your response.

Please note: Due to formatting issues you may have problems following the recommendations outlined below. If you have difficulty following the text you can read the original .pdf document released by PIJAC at http://kingsnake.com/AdviceforResponse.pdf

ADVICE FOR RESPONDING TO THE NOTICE OF INQUIRY ON PYTHON, BOA, AND EUNECTES GENERA

APPROACH

Establish rapport and credibility. Rapport needs to be in place so that the agency reviewer wants to hear what you have to say. Credibility encourages them to take what you say seriously.

Lay your submission out in a business letter format.
Make the letter your own. Avoid duplicating what other people have written. Duplication gives the appearance of a pressure campaign and/or laziness (i.e. lack of concern for the issue). You can draw factual information from others, but package it in a way that is uniquely your own. Your individual voice matters.
Limit the submission to 1-3 pages. Keep in mind that the agency staff will likely have to review over 1000 submissions. You want them to be able to process your message quickly.
Strategically organize the letter so that the reviewer can easily find the main points (PIJAC provides a suggested outline below). Use bullets to �mark out� key information rather than burying it in long paragraphs.
Use polite language throughout the letter.
Present the information from the perspective of being �helpful� rather than �defensive.
Refer to the federal register notice as a �Notice of Inquiry.� It is NOT a proposed rule or a ban and if you refer to it as such you will lose credibility.
Stick to the facts and avoid being overly emotional.
Spell check your letter and/or have someone proof read it.

CONTENT

(The following can be used as your letter outline)

Be clear, concise, and accurate. Whenever possible, back your statements up by referencing credible literature (author�s name, publication title, date), websites (URL), and other resources. When you respond, please indicate if the figures you provide represent actual numbers, approximations, or averages.

Open the letter with a polite address: �Dear Ms. Williams�
State why you are writing: �I am writing in response to the Notice of Inquiry entitled, �Injurious Wildlife Species; Review of Information Concerning Constrictor Snakes From Python, Boa, and Eunectes genera,� dated 31 January 2008.�
Establish your credentials. Indicate relevant academic degrees, business operations/occupation, professional memberships/affiliations (e.g., PIJAC membership), publications, and/or snake keeping experience. (Limit to one paragraph)
To the best of your ability, respond to one or more of the questions listed in the Notice on Inquiry (One paragraph per question recommended):
- What regulations does your State have pertaining to use, transport, or production of Python, Boa and Eunectes genera? [Note: If the States already have effective regulatory and/or non-regulatory in place, the U.S. Fish and Wildlife Service (USFWS) is less likely to perceive a need for Federal regulation].
- How many species in the Python, Boa and Eunectes genera are currently in production for wholesale or retail sale, and in how many and which States?
- How many businesses sell Python, Boa and Eunectes species?
- How many businesses breed Python, Boa and Eunectes species?
- What are the annual sales for Python, Boa and Eunectes species? [Note: If you provided confidential economic data to PIJAC, note this here.]
- Please provide the number of Python, Boa and Eunectes species, if any, permitted within each State.
- What would it cost to eradicate Python, Boa and Eunectes individuals or populations, or similar species, if found?
- What are the costs of implementing propagation, recovery, and restoration programs for native species that are affected by Python, Boa and Eunectes species, or similar snake species?
- What State-listed species would be impacted by the introduction of Python, Boa and Eunectes species?
- What species have been impacted, and how, by Python, Boa and Eunectes species? [Note: This is one of the most important questions for evaluating whether or not a species is �injurious.� Points to consider making include:
  - To the best of your knowledge, only two species in these three genera (Python molurus bivitattus and Boa constrictor) have established reproductive populations in the United States, both in southern Florida
  - The state of Florida, relevant federal agencies, and stakeholders are already working to understand the dynamics of these populations, limit their impact, and prevent future introductions into the environment;
  - The establishment of both of these populations was likely aided by unusual circumstances (e.g., hurricane and/or intentional establishment by an individual), and there is no evidence to indicate that large-scale, repeated releases by or escapes from snake keepers are responsible.
  - The Everglades is a subtropical, highly modified environment with low human population density which offers a rather unique opportunity for the establishment of some non-native species.
  - At this time, there are insufficient data available for evaluation of the potential benefits (e.g., as prey for native wildlife and predators of invasive species), impacts (e.g., as predators of endangered species), or spread of Python molurus bivitattus and Boa constrictor.
  - There is a decline in the number of P.m.bivitattus being imported and propagated in the U.S. and thus the risk of this species being introduced into the environment is diminishing.]
Provide information on projects/programs that you are involved with that limit the potential for Python, Boa and Eunectes species to:
- Escape or be purposefully released into the environment,
- Establish reproducing populations in the environment,
- Spread over a wide geographic area, and
- Cause harm to native species, humans, or the economy. Examples include HabitattitudeTM (www.pijac.org), �amnesty programs� (i.e. programs in which people can surrender unwanted pets without consequence), and your facility�s containment processes (including during transport).
Conclude your letter by indicating that you:
- Appreciate the opportunity to respond to the Notice of Inquiry;
- Hope the USFWS will make a science-based evaluation through a transparent process that fully considers the costs and benefits of potential policy decisions to all relevant stakeholders; and
- Will continue to follow the process and engage in it as necessary.
Sign off formally, �Sincerely, X�

SEND TO

Submit comments via Internet: http://www.regulations.gov Follow instructions for submitting comments.

US Mail or hand-delivery should be addressed as follows:
Public Comments Processing: Attn: RIN-1018-AV68
Division of Policy and Directives Management
U.S. Fish and Wildlife Service
4401 North Fairfax Drive, Suite 222
Arlington, VA 22203

The following information is a reminder of your current mailing list subscription:

You are subscribed to the following list:

[list_name]

using the following email:

example@example.com

You may automatically unsubscribe from this list at any time by visiting the following URL:

http://news.pethobbyist.com/index.cgi/u/[list]/

If the above URL is inoperable, make sure that you have copied the entire address. Some mail readers will wrap a long URL and thus break this automatic unsubscribe mechanism.

You may also change your subscription by visiting this list's main screen:

http://news.pethobbyist.com/index.cgi/list/[list]

If you're still having trouble, please contact the list owner at:

jeffb@pethobbyist.com

The following physical address is associated with this mailing list:

http://www.kingsnake.com

Boa & Python Law Panel Discussion Tonight

Federal proposal banning pythons and boas
Panel Discussion
Friday, February 29, at 10 PM Eastern, in the Auditorium
http://chat.pethobbyist.com/login.php?room_id=1001

The news release by the USGS titled "USGS Maps Show Potential Non-Native Python Habitat Along Three U.S. Coasts" (located at http://www.usgs.gov/newsroom/article.asp?ID=1875&from=rss_home ) has added fuel to the boa and python debate as well as resulting in a number of alarmist news articles being published in the mainstream press.

Tonight we will be holding a panel chat to discuss the recently released USF&W request for information regarding the possible inclusion of boas and pythons on the injurious wildlife list. An excerpt of the request appears below :

"SUMMARY: We, the U.S. Fish and Wildlife Service (Service or We), are reviewing available biological and economic information on constrictor snakes in the Python, Boa and Eunectes genera for possible addition to the list of injurious wildlife under the Lacey Act. The importation and introduction of constrictor snakes into the natural ecosystems of the United States may pose a threat to the interests of agriculture, horticulture, forestry; to the health and welfare of human beings; and to the welfare and survival of wildlife and wildlife resources in the United States. An injurious wildlife listing would prohibit the importation into, or transportation between, States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States by any means, without a permit. Permits may be issued for scientific, medical, educational, or zoological purposes. This document seeks comments from the public to aid in determining if a proposed rule
is warranted." - http://www.fws.gov/policy/library/E8-1770.html

Invited Panelists:

Marshall Meyers - PIJAC ~ confirmed
David/Tracy Barker - Vida Preciosa Intl. ~ confirmed
Kevin McCurley - N.E.R.D. ~ confirmed
Jeff Ronne - The Boaphile ~ confirmed
Rich Ihle - Salmonboa.com ~ confirmed
Ralph Davis - Ralph Davis Reptiles ~ confirmed
Trooper Walsh - Zoo Genesis, LLC ~ confirmed
Jeff Barringer - kingsnake.com ~ confirmed
USF&W Service - Erin Williams ~ confirmed
Brian Sharp - Brian Sharp Reptiles ~ confirmed
Bill Brandt - Gourmet Rodent ~ confirmed
Wayne Hill - National Reptile Breeders Expo ~ confirmed
Bob Clark - Bob Clark Reptiles ~ confirmed
Brian Potter - NARBC/Chicago Reptile House ~ confirmed
Donald Schultz - T-Rex Products ~ confirmed

The following invited guests will be unable to attend

Russ Case - Reptiles Magazine
Kamuran Tepedelen - Bushmaster Reptiles
U.S. Geological Survey

The panel chat tonight will be moderated and only the panelists will be allowed to ask questions
though if we have time we may accept some questions from the floor.

All are invited to attend, the chat starts at 10:00pm EST and will be in our chat room located at
http://chat.pethobbyist.com/login.php?room_id=1001

PIJAC Releases USF&W Interview/PetAlert

On January 31st the USF&W Service published a request for information in the Federal Register regarding boas and pythons - here is the summary as provided in the request.

"SUMMARY: We, the U.S. Fish and Wildlife Service (Service or We), are reviewing available biological and economic information on constrictor snakes in the Python, Boa and Eunectes genera for possible addition to the list of injurious wildlife under the Lacey Act. The importation and introduction of constrictor snakes into the natural ecosystems of the United States may pose a threat to the interests of agriculture, horticulture, forestry; to the health and welfare of human beings; and to the welfare and survival of wildlife and wildlife resources in the United States. An injurious wildlife listing would prohibit the importation into, or transportation between, States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States by any means, without a permit. Permits may be issued for scientific, medical, educational, or zoological purposes. This document seeks comments from the public to aid in determining if a proposed rule
is warranted."

The complete text of the request is available at http://www.fws.gov/policy/library/E8-1770.html

Below is a link to a USF&W Service document outlining the process of adding animals to the list of injurious wildlife and providing general information on injurious wildlife
http://www.fws.gov/contaminants/ANS/pdf_files/InjuriousWildlifeFactSheet2007.pdf
-------------------------------------------------------------------------------------------------------------------------------

Marshall Meyers, the Pet Industry Joint Advisory Council�s executive vice president and general counsel interviewed USFWS staff, and PIJAC and the USFWS provided kingsnake.com with the following Q&A.
---------------------------------------------------------------------------------------------------------------------

Marshall Meyers: What was the motivation for the Federal Register notice?

USFWS: The recent NOI is our first step in better understanding the issue of potential environmental impacts of released pet snakes. We�re hoping that this Q&A will help people to better understand what the recent notice is, and what it is not.

In August 2006, the Fish and Wildlife Service was petitioned by South Florida Water Management District to list the Burmese python (Python molurus bivittatus) as an injurious wildlife species. Scientific information is required in an injurious wildlife evaluation, and we wanted to look at these three constrictor snake genera (Boa, Python, Eunectes) to see if there were other similar species that might pose an environmental risk. We kept the notice broad so we wouldn�t exclude a species that could impact native species and perhaps be of concern.

What is the most valuable information for your effort?

We are hoping for biological information, such as potential range, diet, longevity, size of species at maturity, reproduction, differences between captive-bred animals and wild animals, etc. We are also looking for information on existing programs to reduce the potential for pet snakes to be released into the wild. Responses need not be limited to the questions listed in the NOI.

Why are you also requesting economic information?

We currently have little information about the value of domestic trade in these species, and it is our responsibility as part of this process to gather a range of information on the species of interest. This includes economic data.

What do you plan to do with this information?

We will use this information to help understand the potential risks and develop outreach to prevent the release of unwanted pets. If well-documented impacts to wildlife and the environment are identified, we may use this information to initiate an injurious wildlife evaluation on one or more species, a process that would invite public review and comment. We may also use the information to work with states that are interested in permitting systems.

In what ways can PIJAC or other groups and the USFWS work more closely together on this issue?

We don�t want to see pet snakes released into the wild. We previously worked closely with PIJAC to develop an outreach campaign called Habitattitude�, which focuses on preventing the release of unwanted aquatic pets and plants. We are currently expanding this campaign to include reptile and amphibian pets.

Is there anything else that you want snake enthusiasts to know?

Just as a better scientific understanding of the needs of reptiles has allowed us to be more responsible caretakers of our pets, a better understanding of the potential impacts of these pets in the wild allows us a fuller appreciation of the environmental consequences in releasing our unwanted pets into the wild.

Please visit www.regulations.gov to submit your comments and data. Also, it is important to keep in mind that despite the central website name, this NOI is not a proposed regulation.

------------------------------------------------------------------------------------------------------------------------------

PIJAC PetAlert February 11, 2008 (US FWS Snakes)

FISH AND WILDLIFE SERVICE SEEKING INFORMATION ON CERTAIN CONSTRICTOR SNAKES

The Issue.

The United States Fish and Wildlife Service (FWS) is currently reviewing available biological
and economic information and asking for any information from the public on constrictor snakes
from the Python, Boa and Eunectes genera for possible addition of some of these species to the
list of injurious wildlife under the Lacey Act. (NOTE: Even though it published in the
Proposed Rules section of the Federal Register, this is NOT a rulemaking proposal - it is
only a fact finding initiative.)

After reviewing data received, the Service will carefully consider whether further analyses may
be useful for certain species. They will also use this information to help communicate the
potential risks of feral constrictors and expand outreach to prevent the release of unwanted pets.
They might also use the information to work with states that are interested in permitting systems.

What does an injurious wildlife listing mean?
� An injurious wildlife listing prohibits the importation and interstate transport of the
species, gametes, viable eggs and hybrids between States, the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or possession of the U.S. by any means.
� Even if ever listed, an injurious wildlife designation does not prohibit State possession,
sale, etc. within a state. (However, a state law may apply)
� Permits may be granted by the Service for the importation or transportation of specimens
of injurious species and their offspring or eggs for bona fide scientific, medical,
educational, or zoological purposes. The Service will regulate all movement, including
intrastate transportation, of a species for which a permit has been issued.
� If a species was obtained prior to the effective date of a rule, a listing does not prohibit
intrastate transport or possession of species within States, where not prohibited by the
State. Any regulation pertaining to the use of species within States continues to be the
responsibility of each State.

The Impact.

In order to determine if further evaluation and stakeholder consultations may be warranted, the
Fish and Wildlife Service published this notice of inquiry to solicit biological, economical and
other data, through public comments, on constrictor snakes from the Python, Boa and Eunectes
genera. Information collected will be used to determine if any snakes within these genera are a
threat, or potential threat, to wildlife, wildlife resources, humans or interests of forestry,
horticulture and agriculture in the U.S. In the long run, if any of these snakes are listed as
injurious wildlife they could not be imported into the U.S. or transported into or between states,
the District of Columbia, Puerto Rico or any territory/possession of the U.S. by any means
without a permit. Permits may be issued only for bona fide scientific, medical, educational or
zoological purposes. (NOTE: Prior to listing, FWS must conduct a science-based biological
analysis and economic analyses and seek additional public comment.)

The FWS is seeking public comments and supporting biological data on the snakes in question.
In an attempt to notify people of the types of information they need, FWS has asked for
comments on the following questions: (NOTE: Responses need not be limited to these
questions, but it would be strategic to address them.
� What regulations does your State have pertaining to the use, transport or production of
Python, Boa and Eunectes genera?
� How many species in the Python, Boa and Eunectes genera are currently in production
for wholesale or retail sale, and in how many and which States?
� How may businesses sell Python, Boa or Eunectes species?
� How many businesses breed Python, Boa or Eunectes species?
� What are the annual sales for Python, Boa or Eunectes species?
� Please provide the number of Python, Boa or Eunectes species, if any, permitted within
each State.
� What would it cost to eradicate Python, Boa or Eunectes individuals or populations, or
similar species, if found?
� What are the costs of implementing propagation, recovery and restoration programs for
native species that are affected by Python, Boa or Eunectes species, or similar snake
species?
� What State-listed species would be impacted by the introduction of Python, Boa or
Eunectes species?
� What species have been impacted, and how, by Python, Boa or Eunectes species?

Recommended Action.

We ask that you withhold submitting your comments until close to the April 30 deadline in order
to allow PIJAC time to provide you with guidance and information that will help you prepare
effective comments. PIJAC is currently engaging in meetings with the FWS and gathering
information to assist you on this issue. Again, please note, that this is not a proposed rulemaking
notice � it is only a notice to gather information, especially biological, on these particular snakes.
PIJAC is also undertaking an extensive literature search of peer-reviewed articles, lay magazines,
and books to gather relevant information to respond to the questions raised by the FWS. Anyone
who has copies of articles or other pertinent information on the biology of any of the species
should send them to PIJAC at info@pijac.org AND to PIJAC�s Senior Science and Policy
Advisor, Dr. Jamie K. Reaser:pijacscience@nelsoncable.com. Dr. Reaser is compiling a
database which PIJAC will use this information to develop a formal science-based response on
behalf of the industry and hobbyists as well as provide information for people to use in crafting
their comments.

Thirdly, PIJAC is conducting a survey of concerned members of the herpetoculture community
and the industry to collect data to answer the questions posed by the FWS regarding numbers of
breeders, animals sold, economic questions, etc. This information will be consolidated and
presented as summaries of data received without identifying individuals supplying the
information. The FWS is very aware of the concerns of many people about revealing their
identity. If you are interested in providing herpetoculture data to PIJAC, please contact PIJAC at
info@pijac.org. All proprietary data (i.e. contributors� identity, numbers of animals, financial
data) will be treated as confidential information and will only be seen by PIJAC staff.
We urge you to review this notice carefully and consider the implications that could come as a
result of listing these snakes as injurious wildlife. If you have further questions concerning this
matter, please contact PIJAC�s Marshall Meyers by phone at 202-452-1525 or by email at
mmeyers@pijac.org. Those who are not members of PIJAC and desire further information about
membership may phone Nancy Knutson at 1-800-553-PETS (7387) or visit the PIJAC website at
www.pijac.org.

Where to send your comments:

FWS will be receiving comments and other information on this issue until April 30, 2008. You
may submit comments by one of the following methods:
� U.S. mail or hand-delivery: Public Comments Processing, Attn: RIN 1018-AV68,
Division of Policy and Directives Management, U.S. Fish and Wildlife Service, 4401
North Fairfax Drive, Suite 222, Arlington, VA 22203; or
� Website: www.regulations.gov (Follow instructions for submitting comments. In the
�comments or submissions� box type in keyword: �injurious wildlife�. This should take
you to the comment page.).
FWS will not accept e-mail or faxes, and will post all comments on http://www.regulations.gov.
This generally means that FWS will post any personal information you provide. For further
information contact Erin Williams, Branch of Invasive Species at (703) 358-2034 or
erin_williams@fws.gov.

Not Yet a PIJAC Member?
For more than thirty-five years, the Pet Industry Joint Advisory Council (PIJAC) has ensured the
prosperity of the pet industry. To learn more about PIJAC, please visit our website at
www.pijac.org. For further information, please send an e-mail to members@pijac.org or phone
1-800-553-PETS (1-800-553-7387).
Our Business IS Your Business. PIJAC: Keeping You in Business.

Feds Move To Ban Pythons & Boas

The U.S. Fish & Wildlife Service has made a significant move towards banning the importation and interstate transport of Boa Constrictors and Pythons in the United States. Quietly published in the Federal Register, the agency is accepting public comments until April 30th. If enacted this will devastate an already hard hit industry, dealing a fatal death blow to a large number of businesses dependent on this segment of the industry and drying up the supply of these pets to pet owners across the United States. Noted herpetologist, author, former zookeeper, and one of the leading private researchers and breeders of pythons in the United States, David Barker, had this to say:

"This is the formal notification and request for public comments regarding the intention of USF&W Service to place ALL snakes in the genera Boa, Python, and Eunectes on the Injurious Wildlife List of the Lacey Act.

"If enacted as regulation, this will ban the importation of said snakes into the USA , and ban all interstate transportation of said snakes.

"There is a request made for public input and we feel it will be very important that all keepers with an interest in boas and pythons make written response before 30 April.

"This is VERY important. Don�t take this lightly."

Once the importation and inter-state transport has been banned, there will be a rapid exodus of breeders of these species, and eventually they will disappear from the marketplace along with a significant number of businesses and jobs. Pet owners will feel the pinch as dry goods suppliers and caging manufacturers stop producing products for that segment of the hobby, and eventually it will be impossible to obtain a new pet boa or python.

To review the USF & W Service proposal, please look at the following document:

http://kingsnake.com/FWSReview.pdf

Please note that this is a .pdf file and requires Adobe Acrobat to open and read it.

As the Federal Register outlines, only comments submitted in the format that they have specified will be reviewed. Comments on message boards, blogs, and petitions will not be accepted or reviewed. We recommend that everyone focus their efforts on submitting comments using the required procedure rather than methods that will not produce tangible results. Individuals and businesses may submit their comments at:

http://www.regulations.gov/fdmspublic/component/main?main=SubmitComment&o=09000064803a565f

Please take time to review the proposal in full, and only submit comments relevant to the specific requests. General comments and abusive comments are liable to be discarded, unread. Please spell check your comments before submitting them.

Stay subscribed to this list for updates and more information.