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Input on possible feds ban on boa/python
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by tigers9 on February 2, 2008
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http://www.fws.gov/policy/library/E8-1770.html
[Federal Register: January 31, 2008 (Volume 73, Number 21)]
[Proposed Rules]
[Page 5784-5785]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja08-29]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 16
[FWS-R9-FHC-2008-0015; 94410-1342-0000-N3]
RIN 1018-AV68
Injurious Wildlife Species; Review of Information Concerning
Constrictor Snakes From Python, Boa, and Eunectes genera
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of inquiry.
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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
[[Page 5785]]
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.
DATES: We will accept comments received or postmarked on or before
April 30, 2008.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
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.
Instructions: We will not accept e-mail or faxes. We will post all
comments on http://www.regulations.gov. This generally means that we
will post any personal information you provide us (see the Public
Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Erin Williams, Branch of Invasive
Species at (703) 358-2034 or erin_williams@fws.gov.
SUPPLEMENTARY INFORMATION: On September 21, 2006, we received a
petition from the South Florida Water Management District (SFWMD)
requesting that Burmese pythons be considered for inclusion in the
injurious wildlife regulations pursuant to the Lacey Act (18 U.S.C.
42). SFWMD is concerned about the number of Burmese pythons found in
Florida, particularly in the Everglades National Park. We are looking
at obtaining information on constrictor species in the Python, Boa and
Eunectes genera for possible addition to the injurious wildlife list
under the Lacey Act.
The regulations contained in 50 CFR part 16 implement the Lacey
Act, as amended. Under the terms of the injurious wildlife provisions
of the Lacey Act, the Secretary of the Interior is authorized to
prohibit the importation and interstate transportation of species
designated by the Secretary as injurious. Injurious wildlife are those
species, offspring, and eggs that are injurious or potentially
injurious to wildlife and wildlife resources, to human beings, and to
the interests of forestry, horticulture, or agriculture of the United
States. Wild mammals, wild birds, fish, mollusks, crustaceans,
amphibians, and reptiles are the only organisms that can be added to
the injurious wildlife list. The lists of injurious wildlife are at 50
CFR 16.11-16.15. If the process initiated by this notice results in the
addition of a species to the list of injurious wildlife contained in 50
CFR part 16, their importation into or transportation between States,
the District of Columbia, the Commonwealth of Puerto Rico, or any
territory or possession of the United States would be prohibited,
except by permit for zoological, educational, medical, or scientific
purposes (in accordance with permit regulations at 50 CFR 16.22), or by
Federal agencies without a permit solely for their own use.
Public Comments
This notice of inquiry solicits biological, economic, or other data
on adding species in the Python, Boa and Eunectes genera to the list of
injurious wildlife. This information, along with other sources of data,
will be used to determine if these species are a threat, or potential
threat, to those interests of the United States delineated above, and
thus warrant addition to the list of injurious reptiles in 50 CFR
16.15.
You may submit your comments and materials concerning this notice
of inquiry by one of the methods listed in the ADDRESSES section. We
will not accept comments sent by e-mail or fax or to an address not
listed in the ADDRESSES section. We will not accept anonymous comments;
your comment must include your first and last name, city, State,
country, and postal (zip) code. Finally, we will not consider hand-
delivered comments that we do not receive, or mailed comments that are
not postmarked, by the date specified in the DATES section.
We will post your entire comment--including your personal
identifying information--on http://www.regulations.gov. If you provide
personal identifying information in addition to the required items
specified in the previous paragraph, such as your street address, phone
number, or e-mail address, you may request at the top of your document
that we withhold this information from public review. However, we
cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing this notice of inquiry, will be
available for public inspection on http://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, 4401 North Fairfax Drive, Arlington, VA 22203.
We are soliciting public comments and supporting data to gain
additional information and specifically seek comment on the following
questions:
(1) What regulations does your State have pertaining to the use,
transport, or production of Python, Boa and Eunectes genera?
(2) 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?
(3) How many businesses sell Python, Boa or Eunectes species?
(4) How many businesses breed Python, Boa or Eunectes species?
(5) What are the annual sales for Python, Boa or Eunectes species?
(6) Please provide the number of Python, Boa or Eunectes species,
if any, permitted within each State.
(7) What would it cost to eradicate Python, Boa or Eunectes
individuals or populations, or similar species, if found?
(8) 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?
(9) What State-listed species would be impacted by the introduction
of Python, Boa or Eunectes species?
(10) What species have been impacted, and how, by Python, Boa or
Eunectes species?
Dated: January 11, 2008.
Lyle Laverty,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. E8-1770 Filed 1-30-08; 8:45 am]
BILLING CODE 4310-55-P
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RE: Input on possible feds ban on boa/python
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by venomrob on February 2, 2008
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i think this is ridiculous. ive had pythons since i was 5 years old and one of them i still have. im 25 and thats 20 years for a burmese python. never struck, bitten, strangled or "attacked" (as a reporter would say) anyone in her lifetime. my 4 year old even holds her from the tail side since thats all she can pick up. the only reason that any thing would happen like this is because of irresponsible reptile owning. there is never publicity about how well one person handles or takes care of their reptiles. only the idiots get publicity which makes all of us responsible owners look bad. there has to be a way to show that so we dont get punished for all the bad apples in this world.
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RE: Input on possible feds ban on boa/python
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by tigers9 on February 2, 2008
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Other than FL and HI, where can they survive if escaped????FL and HI have regulations in place already.
Check out the snip below, is there grandfathering? They say u need possession permit, but I see no pet permit.If no grandfathering of current pets, what will be done with them, mass murder? These questions need to be brought up in your comments and answered.
Anyway, have your friends, family, cleaning lady write, government is supposed to read and comment every on letter they receive…
Didn't do us any good with captive wildlife safety act, which like this is Lacey's act amendment, and people who have big cats as pets can not take them across state lines, not even for medical care.If we move, we need to give up our pets.
Monkey version of captive wildlife safety act is now in Congress, and be assured herp and bird version will follow, as many AR groups have demanded for years.
We commented on cat version and feds still went ahead and didn't allow current owners to take their animals with them in case of interstate move or medical emergency across state lines, but we can keep what we have without feds permit inside the state, since our animals were not labeled 'injurious'. This one on constrictors is very evil, by labeling big snakes injurious, they make u get permit or else...
And trust me, other exotic animals, venomous herps, birds, etc are next, these things are never about public safety, and recent bills like the one inWV and MO from tigers to pigeons bans, should be a clear warning for non believers.
Z
snippet from Federal register where I don't see personal possession permit:
<< or possession of the
United States by any means, without a permit. Permits may be issued for
scientific, medical, educational, or zoological purposes.
>>
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RE: Input on possible feds ban on boa/python
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by tigers9 on February 2, 2008
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Here are current regulations on Injurious wildlife, and if big snakes are added to it, it is pretty hard to get a permit for these, it would be bad.
Z
==
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=21a799a7a47b18d119c058dda67900a9&rgn=div5&view=text&node=50:1.0.1.2.10&idno=50#50:1.0.1.2.10.1.13.3
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RE: Input on possible feds ban on boa/python
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by Gabino on February 2, 2008
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Man, this really sucks. I want to start collecting GTP's and ball pythons, not to mention a red-tailed boa. I hope things start to get better for this hobby cause caring for reptiles is the one true thing I love. It's just getting ridiculous how strict these laws are getting.
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RE: Input on possible feds ban on boa/python
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by atrox56 on February 3, 2008
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I did not have time to read all of the comments posted so I might be repeating something already said but the Fed's need to think about the jobs that will be lost, from food supply providers to cage manufacturers.
These snakes for the most part are quite stable in the wild and harvesting a percentage for sale will not make much of a difference. We all know of the governments push to help mentor to kids but how do we acomplish this with no subjects?
It seems to me that most government agencies have a real problem dealing with the real offenders who violate wild life laws and not being able to accompolish this they go after the little guy because he or she is an easy target. This is why VOTING is such an important process. We all need to weed out our elected officials who bend to the pressure of special intrest groups.
Most of my snakes are venemous but I do have two Ball Pythons that I love very much and can't imagine not having them around.
If they were dwindling in numbers in the wild, absolutely put a ban on the importation! But for any other reason I say NO. Please write the USF&W and voice your outrage.
Joel T. La Rocque
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RE: Input on possible feds ban on boa/python
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by MoccasinMan on February 3, 2008
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If you read the proposed rule change you will see that this is a ban on the IMPORT and INTERSTATE COMMERCE of Boids... not a ban on ownership. The question of permits is within the context of IMPORT and INTERSTATE COMMERCE not possession. Although this does not negate the significance or import of this proposed rule change, it is important to understand what we are dealing with before people start running around half cocked shooting their mouths off. Please CAREFULLY read the proposed rule change and make comment to USFWS prior to April 30! It is ok to have passion but pleased be informed and rational in your responses. Avoid inflamatory rhetoric and references to conspiricy theory. I think we can expect API/Born Free to jump on this with both feet soon. Stay calm. Be ready to stand your ground and dig into your pockets. The American Reptile Keepers (ARK) are in talks with corporate interests and leaders in the Herp community. We will soon be organized and funded to address this situation. If you care about anything besides yourself join this grass roots movement and donate your time and money to safegaurding what you love!
Andrew Wyatt
Pres/NCARK
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RE: Input on possible feds ban on boa/python
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by Rob_Carmichael on February 3, 2008
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Andrew, thanks for your comments. It's important for folks to fully understand the bill that is being proposed. It's still serious but we are not talking about an all out ban. Still, it has the potential to affect 100's if not 1000's of people whose livelihoods depend on this bill not getting passed (hopefully, not even being proposed).
We need to be very careful in how we voice our opposition so that we sound intelligent and addressing it in a manner that is not a knee jerk reaction.
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RE: Input on possible feds ban on boa/python
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by tigers9 on February 3, 2008
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Read the text carefully, more than once, it would ban TRANSPORT, wheteher commercial or not, regardless of donation or purchase, aka, you want to move from TX to OK and take your pet pythons or eggs with you, forget it without a permit.You want to get a federal permit for injurious wildlife, forget it unless u r a scientific institution or AZA zoo, the permit requirements already EXIST, see below, this proposal just seeks to add more species to it.Very simple and scary.
Zuzana
www.rexano.org
==
http://www.fws.gov/policy/library/E8-1770.html
<snip>
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. <snip>
==
http://ecfr.gpoaccess.gov/cgi/t/text/text-...0.1.2.10.3.13.1
<<(2) No live wildlife, acquired under permit, or any eggs or progeny thereof, may be sold, donated, traded, loaned, or transferred to any other person unless such person has a permit issued by the Director under §16.22 authorizing him to acquire and possess such wildlife or the eggs or progeny thereof.>>
That means u can not sell or donate IN your state to anybody unless they have this permit too
more:
16.22 Injurious wildlife permits.
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The Director may, upon receipt of an application and in accordance with the issuance criteria of this section, issue a permit authorizing the importation into or shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States of injurious wildlife (See subpart B of this part) for zoological, educational, medical, or scientific purposes.
(a) Application requirements. Submit applications for permits to import, transport or acquire injurious wildlife for such purposes to the Director, U.S. Fish and Wildlife Service, (Attention: Office of Management Authority), 4401 N. Fairfax Drive, Room 700, Arlington, VA 22203. Submit applications in writing on a Federal Fish and Wildlife License/Permit application (Form 3–200) and attach all of the following information:
(1) The number of specimens and the common and scientific names (genus and species) of each species of live wildlife proposed to be imported or otherwise acquired, transported and possessed;
(2) The purpose of such importation or other acquisition, transportation and possession;
(3) The address of the premises where such live wildlife will be kept in captivity;
(4) A statement of the applicant's qualifications and previous experience in caring for and handling captive wildlife.
( Additional permit conditions. In addition to the general conditions set forth in part 13 of this subchapter B, permits to import or ship injurious wildlife for zoological, educational, medical, or scientific purposes shall be subject to the following conditions:
(1) All live wildlife acquired under permit and all progeny thereof, must be confined in the approved facilities on the premises authorized in the permit.
(2) No live wildlife, acquired under permit, or any eggs or progeny thereof, may be sold, donated, traded, loaned, or transferred to any other person unless such person has a permit issued by the Director under §16.22 authorizing him to acquire and possess such wildlife or the eggs or progeny thereof.
(3) Permittees shall notify the nearest Special Agent-in-Charge (see §10.22 of this chapter) by telephone or other expedient means within 24 hours following the escape of any wildlife imported or transported under authority of a permit issued under this section, or the escape of any progeny of such wildlife, unless otherwise specifically exempted by terms of the permit.
© Issuance criteria. The Director shall consider the following in determining whether to issue a permit to import or ship injurious wildlife for zoological, educational, medical, or scientific purposes:
(1) Whether the wildlife is being imported or otherwise acquired for a bona fide scientific, medical, educational, or zoological exhibition purpose;
(2) Whether the facilities for holding the wildlife in captivity have been inspected and approved, and consist of a basic cage or structure of a design and material adequate to prevent escape which is maintained inside a building or other facility of such structure that the wildlife could not escape from the building or other facility after escaping from the cage or structure maintained therein;
(3) Whether the applicant is a responsible person who is aware of the potential dangers to public interests posed by such wildlife, and who by reason of his knowledge, experience, and facilities reasonably can be expected to provide adequate protection for such public interests; and
(4) If such wildlife is to be imported or otherwise acquired for zoological or aquarium exhibition purposes, whether such exhibition or display will be open to the public during regular appropriate hours.
(d) The Office of Management and Budget approved the information collection requirements contained in this part 16 under 44 U.S.C. 3507 and assigned OMB Control Number 1018–0093. The Service may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. We are collecting this information to provide information necessary to evaluate permit applications. We will use this information to review permit applications and make decisions, according to criteria established in various Federal wildlife conservation statutes and regulations, on the issuance, suspension, revocation, or denial of permits. You must respond to obtain or retain a permit. We estimate the public reporting burden for these reporting requirements to average 2 hours per response, including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the forms. Direct comments regarding the burden estimate or any other aspect of these reporting requirements to the Service Information Collection Control Officer, MS–222 ARLSQ, U.S. Fish and Wildlife Service, Washington, DC 20240, or the Office of Management and Budget, Paperwork Reduction Project (1018–0093), Washington, DC 20603.
[39 FR 1169, Jan. 4, 1974, as amended at 47 FR 30786, July 15, 1982; 63 FR 52634, Oct. 1, 1998]
Subpart D—Additional Exemptions
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§ 16.32 Importation by Federal agencies.
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Nothing in this part shall restrict the importation and transportation, without a permit, of any live wildlife by Federal agencies solely for their own use, upon the filing of a written declaration with the District Director of Customs at the port of entry as required under §14.61: Provided, That the provisions of this section shall not apply to bald and golden eagles or their eggs, or to migratory birds or their eggs, the importations of which are governed by regulations under parts 22 and 21 of this chapter, respectively.
§ 16.33 Importation of natural-history specimens.
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Nothing in this part shall restrict the importation and transportation, without a permit, of dead natural-history specimens of wildlife or their eggs for museum or scientific collection purposes: Provided, That the provisions of this section shall not apply to dead migratory birds, the importation of which is governed by regulations under parts 20 and 21 of this chapter; to dead game mammals from Mexico, the importation of which is governed by regulations under part 14 of this chapter; or to dead bald and golden eagles or their eggs, the importation of which is governed by regulations under part 22 of this chapter.
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RE: Input on possible feds ban on boa/python
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by MoccasinMan on February 3, 2008
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We understand that Zuzana. There would be NO transportation accross state lines for any reason without a permit for any listed species. Like I said before... It would put all newly listed species in the same position big cats are in now. If you move to another state your animals will not go with you. they will be euthanized or sold or sent to a rescue. We get it. The thing is we need a reasoned and massive grass roots response... nationwide. I mean to make sure we get it!
Andrew
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