Python and Boa Ban

Please see the information below. It is an update about the FWS inquiry about listing various constrictors as an injurious species. I hope you will find this informative in light of all of the chatter going on over the internet. There is much work to be done prior to the April 30 deadline for comment. As PIJAC has pointed out in this Pet Alert, this is a FWS "inquiry for information" not a "rulemaking action". Hopefully this Pet Alert will clarify things for people.

Fish & 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 and Eunectes species?
• How many businesses breed Python, Boa and Eunectes species?
• What are the annual sales for Python, Boa and Eunectes species?
• 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?

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.

PIJAC Websit

Here is some additional information that will be important and helpful in the event that a ban is imposed:

Here are some talking points on a call to action for other breeders that we can reach out to:

1) Everyone needs to generate as much public comment as possible.

With that being said, it is imperative that a wide range of responses are received by Fish and Wildlife. For instance, it would not be beneficial for public comment to be solely based on the fact that many reptile breeders would go out of business. Rather, responses that are based on the following general principles but are not limited to these; the affect it would have on consumers that collect snakes, it would restrict free and open trade in the USA - a basic tenant and a right that we all have living in the USA, that this proposed regulation is an over-reaction to a local problem that is based in Florida, the proposed solution would do little to stop the problem as Florida based breeders would still be able to breed and sell boa and python snakes in their state.

2) A trade association needs to be formed that truly is a representative of snake breeders and snake enthusiasts. This trade association could engage the Fish and Wildlife in a direct and open dialog regarding this issue and discuss possible solutions. It is CRITICAL that this association be a true representative sample of the industry and speak with one common voice.

3) A team of lobbyist needs to be hired to accomplish the following:

Create a voice that is targeted at Fish and Wildlife, make it clear that the proposed regulation is wrong and would have many unintended consequences to millions of American citizens.
Create a voice to legislators that do not support this proposed regulation. If the Fish and Wildlife thinks that congress is considering drafting legislation that would reverse this potential change, they would re-consider enacting the regulation.

Bottom line, if the Fish and Wildlife does decide to enact this regulation, the only solution would be to lobby for a legislative action (new law) against this regulation that would take precedence. However, any legislative action is highly uncertain of passing and would realistically take 1-3 years to pass.

So, timing is of the essence that the three steps outlined above be implemented immediately.

RE: Injurious Wildlife Species; Review of Information Concerning Constrictor Snakes From Python, Boa, and Eunectes Genera. Document ID: FWS-R9-FHC-2008-0015-0001

My name is Garrick DeMeyer. I own and operate two reptile captive breeding business that deal with boa and python species- Captive Reptile Specialties, Inc., and Royal Constrictor Designs, Inc. I want to express my concern regarding the proposed ban on importation and interstate movement of these species.

I am a professional reptile breeder. I have been keeping and breeding reptiles for most of my life, doing so on a professional level for the past 12 years. I have BS in Biology from UW-Stevens Point. I have always loved reptiles and saw the need and demand for captive bred and born animals for the pet market. I decided to turn my passion for these animals into a full-time career. I breed some of the species this ban would affect. I focus mostly on smaller species, such as ball pythons (Python regius) Green Tree Pythons (Morelia viridis), but I do work with a few larger species as well.

Simply put, this ban would be devastating to my business, and could very well put me out of business completely. I have a 3500 square foot facility, which I had constructed for the purpose of breeding pythons and boas. The construction cost me about $200,000. I also purchased nearly $200,000 worth of professional caging and rack systems, that are now containing mostly pythons and boas. Our collection is currently valued at approximately $500,000. With all that added up, I have nearly $1,000,000 invested in this business. I breed pythons and boas at my facility and sell the offspring through my website, and also through distributors, to customers throughout the US. I produce about 1000 snakes annually and plan to expand production to about 3000. Right now, I am producing over $250,000 worth of animals per year. Within the next 5 years, that number should hit $500,000 or more. Without being able to ship them out of my state, my market would be reduced by over 95%. There just aren’t enough customers in my state to support a business of this size. I would have nowhere to go with my animals. Not only could I not sell my babies, I would have nearly 1000 adult breeders that would become essentially valueless. I have spent over 15 years accumulating this collection. I have spent all of my adult life working towards making this a successful business. I would personally be devastated if I lost it all now. It has always been my dream to work with these animals and make a living doing it. This ban would take that away from me. I am by far, not the only person that would be affected by this. There are over 4.8 million US households that have reptiles as pets. Many of these are pythons and boas. There are thousands of part-time and full-time reptile breeders, buying and selling hundreds of millions of dollars worth of livestock. There are also the breeders that produce the feeder rodents to consider. I spend nearly $20,000 per year on mice and rats to feed my collection. This ban would greatly affect the rodent supply business. It would also affect the businesses that produce cages and supplies for reptiles Trade shows and expos would also be negatively affected, since many of the customers, as well as vendors come in from other states, some traveling across the country to attend. Many of the expos I’ve been to attract thousands of customers to each show, and may have as many as 400 vendors. Another industry that would be impacted is the shipping industry. I spend over $15,000 per year shipping my animals. I also spend thousands of dollars per year on other supplies, such as bedding, lights, cleaning supplies, etc.

I imagine that people not involved in the reptile industry would have hard time understanding how large this industry really is. I consider myself a mid-level breeder. I produce quite a few animals, but nowhere near what some of the other breeders do. There are some breeders out there that have 5 or more employees (some with up to 40) and produce tens of thousands of animals annually. If you want to get a good feel for how large the industry has become, please browse the website www.kingsnake.com. That is probably the largest reptile-related online community. There are hundreds of breeder webpages listed there, in addition to companies selling supplies, cages, and feeders. While It’s true that not all of the businesses listed there deal in boas and pythons, many of them do. “Reptiles” magazine is another excellent source to get a feel for the size of the reptile market. It has been published in wide circulation for over 15 years.

The boa and python market is the most valuable reptile market. There are many rare color and pattern morphs of boas and pythons that cost thousands of dollars each. I’ve heard of snakes selling for over $100,000 each. There are thousands of snakes sold each year in the $1000-10,000 price range or even higher. If these species are banned, that would eliminate that market, and the breeders that are relying on that market to support them, would go out of business. I can’t stress enough how large this industry is and how many people depend on it for their livelihood.

I know that a large part of the reason this ban has been proposed has been the supposed impact of these animals being released into the wild. I am 100% against the release of any non-native species of animal or plant, including boas and pythons, into the wild. Any species that doesn’t occur naturally within an ecosystem can cause disruptions to that ecosystem. Burmese Pythons living in the Everglades is not a good thing. However, I don’t think that banning all boas and pythons throughout the US is a rational reaction to the problem. Boas and Pythons cannot survive or reproduce in the wild in any state, other than Florida. These animals will only reproduce under the most ideal conditions. Florida is the only state in the US that has the environment that is similar enough to their natural environment to allow them to reproduce. If any action is absolutely necessary to help reduce this problem, mandating a permit to keep any of the giant species would be a more reasonable act than banning them from the entire country. Anyone who wanted to keep any of the giant species would have to fill out an application, and be held accountable to having them. That would eliminate some of the people that aren’t qualified to keep these animals. The permit should only pertain to giant species simply because the smaller species, such as ball pythons and even boa constrictors, pose no risk to any native species, pets, or people. The name “python” deals with several dozen species, not all of which attain a dangerous size. There is a big difference between an adult ball python that is only 3-4 feet long and a Burmese python that measures 14 feet or more. I personally work mainly with species that I feel make good pets. I don’t consider a 14 foot snake a good pet for most people, so I don’t breed them. I focus my attention on docile, colorful species, that are easy to handle and don’t reach a dangerous size. I offer my customers complete care information before and after the sale, so they are as educated as possible about the animal or animals they are receiving. I genuinely care about the well-being of my animals and it is so important to me that my customers are happy, too. I have given hundreds of educational presentations at schools, zoos, etc. over the past 15 years. I feel that educating the public about these animals can really make an impact. I’m not trying to sell these animals at these presentations. I am just trying to allow people to see these animals for what they truly are. It’s amazing how different people view reptiles after they are exposed to them. Their attitudes change entirely. It makes me so happy to see how people who look at my animals in fear at the beginning of a presentation, will come up and handle one of them by the end of the presentations. There are million of responsible, honest, and passionate people that are involved in this hobby and industry. Of course, there are people out there that do not properly keep their animals and may even release an unwanted animal into the wild, not caring about what happens to it or how it affects the environment. There are irresponsible people in any industry, but that shouldn’t mean that everyone else within that industry should have to be punished with them. It would be a shame if that tiny fragment of this industry would ruin it for all of the good people that are involved in it.

I speak for all reptile breeders when I say that we have a vast wealth of knowledge and expertise, and we are very willing to offer if we are asked. We urge you to use our knowledge to your benefit, to help come up with a sensible and realistic solution to any problems that may arise. Please don’t take our hobby, passion, and livelihood away from us.