The USGS report serves as the sole document being used to justify a federal rule making by U.S. Fish & Wildlife Service (FWS) to add nine constrictor snakes to the Injurious Wildlife list of the Lacey Act. If enacted, the rule would prohibit interstate trade, imports and most exports of the listed species, thereby destroying thousands of jobs and hundreds of millions of dollars in trade, putting over a million reptile breeders, collectors and pet owners in jeopardy of felony prosecution. USARK considers this response irresponsible and in direct conflict with guidelines set by forth the OMB.

In addition to the potentially devastating economic impact of the proposed rule, the report itself is highly controversial as to the science. The data set on which the conclusions of the 2009 Constrictor Report are based has been demonstrated to be so mischaracterized as to suggest either incompetence or an intentional attempt at deception. Michael Cota, researcher at the Thailand National Natural History Museum, stated in his public comment to FWS, with specific reference to the USGS climate data set, “With a 60% error rate for just one country (Thailand), how many imaginary data sets were used for these reports?” The Constrictor Report is NOT a peer-reviewed scientific document. It is an internal report authored by strongly biased USGS biologists. In fact, a panel of 11 independent experts from the National Geographic Society, University of Florida, Texas A&M and others stated in a letter to the U.S. Senate Environmental & Public Works Committee that this report was “not scientific,” and “not suitable as the basis for regulatory of legislative policy decisions.”

In an ironic attempt to divert attention from his Department’s dismal public image and failure to bring change, Secretary of the Interior Ken Salazar gave the “Partners in Conservation Award” to the Giant Constrictor Risk Assessment Partnership for their work regarding constrictor snakes.

The Partners in Conservation award is the highest award granted by the Department of Interior (DOI). The Giant Constrictor Risk Assessment Partnership (ridiculously referred to as Giant CRAP or GCRAP) comprises a small number of government biologists employed by FWS, the National Park Service (NPS), and USGS. USARK CEO Andrew Wyatt commented, “How can the Secretary honor a group of government biologists who give their committee the acronym of Giant CRAP? It may be a joke to them, but it is certainly not a joke to the millions of pet owners and reptile keepers whose livelihoods are at stake.”

This prestigious award was given to GCRAP even though the work they have done has been questioned from its inception and continues to be mired in controversy. USARK feels the Award given by Secretary Salazar rewards GCRAP for its concerted effort to ruin decades of successful business, conservation efforts, and education initiatives by private citizens.

“The hubris and unbridled contempt shown by USGS and FWS for the reptile industry is disheartening and without basis,” said Wyatt. “It took two appeals before Gordon Rodda saw fit to finally retract his statement that ‘southern Florida has an acknowledged reputation for unsavory characters, both reptilian and otherwise.’” Wyatt added, “We have created a clear public record of the problems with the science and economics, but USGS and FWS seem determined to ignore the facts in favor of their own preference.” Wyatt went on to say, “Art Roybal from FWS and Gordon Rodda and Robert Reed from USGS have made a mockery of due process. I hope they will be held accountable.”

SOURCE United States Association of Reptile Keepers (USARK)

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The United States Association of Reptile Keepers (USARK) believes the proposed rule fails on both the science and the cost-benefit analysis. USARK believes that the “science” that is being fielded to justify this action is highly controversial, and the action shows complete disregard for due process and economic impact. If enacted this rule would destroy thousands of businesses and place nearly one million US citizens in jeopardy of becoming felons under the Lacey Act.

OMB review is required of all major rules to ensure that the economic burden does not outweigh the stated benefits of the rule. However the Small Business Administration Office of Advocacy has reviewed the rule and stated unequivocally that the USFWS failed to conduct a comprehensive economic impact assessment, especially insofar as the rule would impact small businesses within the reptile industry. Furthermore, it is USARK’s belief that the purported benefits of the rule are based on controversial science and a failure to assess all available data.

We are, therefore, calling on the Office Of Management and Budget to do a thorough analysis of the proposed rule and, additionally, calling on the Congress to conduct adequate oversight to ensure due process to USARK and its members.

To summarize the history of this action: in 2007, the South Florida Water Management District (SFWMD) petitioned the FWS to add Burmese pythons to the Injurious Wildlife list. After the 2008 publication of a fundamentally flawed climate-matching study authored by invasion-biologists in the US Geological Survey (USGS), FWS published a Notice of Inquiry (NOI) to add snakes in the genera Python, Eunectes, and Boa to the Injurious Wildlife List. This was based, in large part, on sensational media coverage and unfounded claims that these animals are poised to expand across the southern third of the US. In 2009 the USGS produced another highly criticized and controversial internal report in the form of a Risk Assessment of nine constricting snakes (aka Constrictor Report). Based on this “unscientific” internal report, FWS issued a Proposed Rule to add these nine constrictors to the Lacey Act in 2010. In spite of an overwhelming number of critical comments from scientists, organizations and the public, as well as at least four contradicting scientific studies, FWS has now filed a Final Rule in 2011.

The data set on which the conclusions of the 2009 Constrictor Report are based has been demonstrated to be so mischaracterized as to suggest either incompetence or an intentional attempt at deception. Michael Cota, researcher at the Thailand National Natural History Museum, stated in his public comment to FWS, with specific reference to the USGS climate data set, “With a 60% error rate for just one country (Thailand), how many imaginary data sets were used for these reports?” The Constrictor Report is NOT a peer-reviewed scientific document. It is an internal report authored by strongly biased USGS biologists. In fact, a panel of 11 independent experts from the National Geographic Society, University of Florida, Texas A&M and others stated in a letter to the US Senate Environmental & Public Works Committee that this report was “not scientific”, and “not suitable as the basis for regulatory of legislative policy decisions”.

USARK detailed numerous mistakes, inaccuracies and exaggerations in the Constrictor Report in a 16 point Request for Correction with USGS under the Information Quality Act (IQA). This request was rejected out of hand. An appeal filed last summer is still pending.

USARK believes that FWS is attempting to make policy based on staff preference. It is clear that FWS decided on a policy direction and has worked to manufacture a case after the fact to support their decision. Tom Strickland, then Assistant Secretary of DOI, is quoted in a New York Times article indicating a bias in favor of the rule well in advance of the completion of the rule making process.

FWS has dramatically underestimated the impact this will have on thousands of small businesses and as many as one million American citizens. If enacted this rule making will create a new class of criminal out of law abiding citizens.

USARK believes the actions of FWS to be unwarranted and unjustified based on science and cost-benefit analysis. USARK President, Andrew Wyatt said, “I call on the US House Natural Resources Committee and White House OMB to give close scrutiny to what has been going on here. I believe FWS and USGS are in direct violation of the standards and due process required under the Administrative Procedures Act and Information Quality Act. An entire $1.4 billion cottage industry is at risk. This is about jobs and the economy, not the preference of bureaucrats at FWS.”

Read original article

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Also, keep an eye on my available page. I have many VERY nice boas I will be listing as soon as the site is complete. These animals are top notch and will be sold at great prices.

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Biologists with the Florida Fish and Wildlife Conservation Commission estimate the cold snap killed about half the snakes and could cut into breeding.

Beginning Aug. 28, licensed hunters with the proper permits will have another shot at Burmese pythons and seven other reptiles of concern on state-managed lands. For more information about hunting seasons and regulations, visit MyFWC.com/Hunting.

Read Original Article

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The interesting thing about the Florida Problem…

There is a Burmese Python population in the Everglades…(at least there still was until before this last winter)….but we have solid evidence, based on country-of-origin import records and DNA samples, which disproves the theory of “irresponsible pet owners” releasing these snakes into the Everglades.
The feral population of Burmese Pythons was a product of hurricane Andrew. It was NOT caused by careless keepers.
Yet the media continues to chant that tired, old (false) mantra.
The general public needs to know the facts.

Another interesting study was conducted by prominent a Herpetologist and Professor at CU, Dr. David Chizar. In 1995 I listened to Dr. Chizar’s presentation of this study, while attending the International Herpetological Symposium.

This study looked at the feasibility of re-introducing captive bred “head started” Aruba Island Rattlesnakes (C. unicolor) to their NATIVE habitat, within an area set aside as a wildlife reserve.

They ran into some interesting data.
Comparing the “head started” captive bred snakes with wild snakes they found that the “head started” snakes essentially had “imprinting” problems. They would not be suited to survive in wild. These “head started” snakes lacked the skills needed to survive in their natural environment.

Wild Caught snakes reacted correctly to stimuli:
They sought refuge of heavy piles of rock or similar shelter when faced with a potential predator. (Such as a human or a dog.)

“Head Started” snakes would often associate humans with food….as they were used to receiving feedings from humans.
Inside the cage they would often witness the “head-started” c.b. snakes rubbing their faces on the glass in anticipation of feeding when these snakes saw humans…..or even when they saw Dr.Chizar’s dog!
(Chizar often had his dog in the lab during the evening feeding sessions….and the snakes would associate human or canine presence with the offering of food items.)

I have also witnessed this face-on-the-glass-rubbing in several species of snakes including Elapids, Pythons, Boas, several Colubrid species and also Crotalus species. We often refer to this activity as “begging”.

Wild snakes were able to effectively track their prey items after the bite.
C.B. head-started snakes performed very poorly at this task. They often failed altogether.

Dr. Chizar did a tongue flicks per minute study while the snakes were tracking their prey items.
The wild caught snakes scored off the chart…and rarely if ever got off course while tracking.
The “head-started” snakes scored poorly with low tongue flicks per minute and often got off track….sometimes they were unable to complete the task.

Head-Started snakes have a greater chance of being introduced to (and infected with) fatal reptilian diseases, while in captivity. This further diminishes their chances of surviving in the wild after re-introduction. It also opens more possibilities of spreading diseases to the wild populations.

One cannot help but draw similarities in the data this study revealed to a similar “Recovery Project” which was aimed at the re-introduction of Thick Billed Parrots to Arizona back in the early 80‘s.
Adult birds were selected as the best possible breeding stock… from some of the nations top bird breeders….this was also to provide genetic diversity within the new population of “recovery subjects”.
The birds were banded and tracked.
Every single bird died. The project was an epic failure.
These birds lacked the essential skills needed to thrive in the wild. They were dependent on humans for skills that they were not able to learn from their avian parents. They could not contend with natural predators of the wild.

The vast majority of Burmese Pythons in captivity… were hatched in captivity.
These Pet Burmese Pythons do not have the skills needed to survive in the wild. Escaped pet Burmese Pythons….or even Burmese Pythons “purportedly released” would be lucky to survive past the one year mark, outside of the captive environment.

The Burmese Pythons which inhabit the Everglades National Park
were introduced as hatchling imports. A group of 900 babies that were not yet imprinted to human care or captive conditions.
During Hurricane Andrew these snakes escaped because of the destruction of a wholesale facility near the Everglades National Park. It was the result of a natural disaster which introduced these snakes to the Everglades….It was not the act of irresponsible pet owners or reptile keepers.

So….lets do a little rough math here.
Statistically speaking, 1 Out of 100 hatchling snakes will survive natural predation, human interaction, disease etc. to mature as a breeding adult.
This 1/100th reduction in population leaves you with an animal that has gained a lifetime of the necessary skills for survival in the wild.

Out of 900 snakes that would leave us with 9 surviving adults.
But lets be reasonable here…give them a bonus…lets say that 12 Burmese Pythons out of that group of 900 survive to reach adult breeder age/size.
Now, figure that half of them are males and half are females.
That leaves us with 6 breeder Female Burmese Pythons to start our Everglades Feral Colony.

Above “rough math” is just hypothetical….
Want to know the facts?

Using DNA samples researchers were able to trace the Everglades population back to 5 founding females…all of them were of Vietnam origin.
Import documents reflect that the “Hurricane Andrew 900 Hatchling Burmese”….originated from…you guessed it….. Vietnam.

These introduced snakes were not the result of careless pet owners…they were introduced because of a natural disaster.

Animal Rights Extremists love to perpetuate (and encourage the Media to perpetuate) this finger pointing blame game.
They point to animal keepers as the problem… basically labeling reptile keepers as irresponsible and careless slobs.
This is both unjust and untrue.
As the Media continues to chant the Animal Extremist Mantra, irresponsible, uninformed politicians draft new bills that essentially punish a Nation of people for a relatively minor problem that only exists in the Southern TIP of ONE STATE. A problem that our natural climatic patterns almost solved this last winter! It is a problem that pet owners, business owners and hobbyists did not cause.

I encourage everyone to stand up and be counted.
Follow the USARK guidelines and submit your public comment.
Let other people know what is really happening.
Encourage others to help protect the rights we currently have.

READ ORIGINAL POST HERE

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I haven’t made any updates to the site since the beginning of March.  This is due to being tied up with work.  …What time I have on the computer has been almost entirely work related.  Well, the HSUS recently did something that brought me out of hiding – as it were.  They started a letter/e-mail campaign regarding how large constrictors are dangerous, and should be listed as injurious.  To anyone familiar with the HSUS this comes as no surprise since they are out to systematically remove all animals from the pet industry, and have already made steps with that regard by successfully banning the sale of cats and dogs in pet stores in the state of California.

Read full article here:  In Response to the Recent HSUS Email Campaign

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The Tuesday hearing put some of the first hard numbers on the staggering death toll from a historic cold snap — nine of 10 pythons equipped with radio tracers in Everglades National Park died, according to one yet-to-be published study.

It also cranked up the heat on a simmering battle over a controversial federal proposal to ban the interstate sale and import of large constrictors. Breeders contend the measure would destroy a $1 billion industry and thousands of jobs.

Shawn Heflick, a conservation biologist from Palm Bay and science advisor to a trade group called the U.S. Association of Reptile Keepers, said a cold-weather toll he estimated at 70 to 80 percent proved that federal risk assessments suggesting the snake could spread to other states were overblown.

“This population of pythons cannot expand outside of Florida,” he said. “This is a Florida problem, not a federal problem.”

At least there was no dispute about the Florida part.

Frank Mazzotti, a University of Florida wildlife ecologist who led an assessment of cold effects on pythons in the Everglades, said enough survived to ensure the Burmese wasn’t going to disappear from the comfy, subtropical confines of South Florida — despite cold snaps and intensive eradication efforts.

Nine of the 10 radio-tagged snakes died, including all eight females, but field surveys for several weeks following the cold snap found higher survival rates — nearly 60 percent of 99 snakes spotted by Mazzotti’s team of researchers were alive.

With his study pending publication in an academic journal, Mazzotti — reached after the hearing — said he could not discuss the findings in detail, but said it was clear the cold had seriously knocked back a population of big snakes conservatively estimated in the thousands.

MANY DEAD

“What we can say is that a lot of pythons died and there are way less out there now,” he said.

Without expanded efforts to control them, he said, the snakes are likely to rebound in coming years. Only last week, his researchers documented a rare sighting showing that some of the survivors are well enough to engage in the propagation business.

On a tree island a mile from the Pahayokee boardwalk, Mike Rochford and two other team members discovered a 15-foot-plus female, one of the largest captured in the park, and three males entwined in a pulsing “mating ball.” The biological details are best left at, “What happens in Pahayokee, stays in Pahayokee.”

Beyond South Florida, however, the cold kill has given critics of a federal crackdown on the reptile breeding trade plenty of ammunition.

They argue it exposed flaws in a risk assessment by the U.S. Geological Survey suggesting that the Burmese python, and several others, could potentially spread into other southern and Southwestern states.

Heflick, an advocate for domestic breeders, warned that banning interstate sales was overkill that could worsen the problem. Owners of colorful varieties, some worth thousands of dollars, would suddenly have worthless snakes, he said.

“Alarmingly, many of the millions of now legal snakes could be released in retaliation or in anger and a sense of betrayal from the government,” he said.

HUNTERS URGED

Jorge P. Gutierrez Jr., a Miami attorney and airboater, urged the panel to open Everglades National Park to hunters, who he said could help control the snake.

Mazzotti and other scientists, as well as federal parks and wildlife managers, warned it is premature to use one cold snap to dismiss the threat of the Burmese and other constrictors that the U.S. Department of Interior is proposing to add to a federal blacklist of “injurious” species.

Phyllis Windle, a senior invasive species scientist with the Union of Concerned Scientists, said the country needs to overhaul its entire system for dealing with the python and other invasive species, which she called the “least recognized and most poorly addressed environmental threat of our time.”

Link to original article

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If enacted the new regulations would have required:

1. Cages would not be allowed to be stacked.
2. 24/7 staffing if have more than 50 animals in the facility. See proposed Section 10.40.010(Z). If less than 50 animals, you must have adequate staffing for at least 8 hours a day. If you have more than 50 fish, reptiles, birds, etc., or any combination thereof, you must staff the facility 24/7.
3. Records must be kept on each “Animal”. “Animals” defined in Section 10.08.020 any animal, bird, reptile or fish.
4. Proprietary business information will be available to the public (that could mean Animal Rights groups).
5. The Department may also impose “reasonable conditions” on a breeding license for any non dog or cat breeder.

Click here to read LA County Regulatory Proposal:

http://www.usark.org/uploads/LAcountyRegs.pdf

USARK engaged on this issue at all levels with staff and leadership at LA County Animal Care & Control and Board of Supervisors prior to hearings that were held March 9th & 10th. On March 9th Christine Roscher testified on behalf of USARK. Christine asked that the ordinance be limited to dogs and cats only. As a result The proposed ordinance was removed from the agenda for the LA County Board of Supervisors for March 16, 2010. The ordinance will be re-evaluated by LA County to ensure that animals “other than dogs and cats” are excluded from the requirements, as appropriate.

This information is from Patricia Learned, Executive Assistant to the Director, Department of Animal Care and Control, Marcia Mayeda.

Click here to read USARK testimony in LA County:

http://www.usark.org/uploads/LA%20County%20Testimony.pdf

California Department of Fish & Game: Turtles, Frogs & Heloderma

There will be a hearing to discuss agenda items on April 7th & 8th in Monterey.

Item 21. DISCUSSION AND POSSIBLE ADOPTION OF PROPOSED CHANGES TO
SECTIONS 671, 671.1, 671.7 AND 703, TITLE 14, CCR, RE: NEW RESTRICTED
SPECIES PERMITS AND REQUIREMENTS. (Helodermas)

Item 25. POSSIBLE ADOPTION OF COMMISSION POLICY, RE: NON-NATIVE FROGS AND
TURTLES (Will not effect Herpetoculture or pets)

USARK has continued to be engaged with the Commission and the Department on these issues. Our Senior California Adviser George Osborn has arranged two high level meetings with the DFG since the hearing last month. We have established USARK as a resource to the Department and have offered our expertise in addressing issues. USARK Director Doug Price will give testimony on both agenda items for the Reptile Nation.

There Is Strength in Numbers… Protect Your Rights! We can win this fight!!

Link to Original Article

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Committee Chairman Grijalva made opening remarks regarding the risks to Everglades National Park posed by invasive species. Members in attendance were Ranking Member Henry Brown (R-SC), Congressman Rob Bishop (R-UT) and Congresswoman Nepolitano (D-CA).

Expert Testimony was given by: Bert Frost, Ph.D., Associate Director, Natural Resources, Stewardship and Science, National Park Service; Frank J. Mazzotti, Ph.D., Associate Professor of Wildlife Ecology, Fort Lauderdale Research and Education Center, University of Florida, Davie, FL; Marcy Heacker, M.S., Division of Birds, Smithsonian Institution, Washington, DC; Daniel Thayer, Director, Department of Vegetation & Land Management, South Florida Water Management District, West Palm Beach, FL; Jorge P. Gutierrez, Jr., Civil Trial Attorney, Gonzalez and Garcia, Miami, FL; Shawn K. Heflick, M.S., Biologist USARK/ Science Officer CFHS, Palm Bay, FL; Daniel Simberloff, Ph.D., Gore Hunger Professor of Environmental Science, Ecology and Evolutionary Biology, University of Tennessee, Knoxville, TN; Phyllis Windle, Ph.D., Senior Scientist, Invasive Species, Union of Concerned Scientists, Washington, DC; and Scott Hardin, Exotic Species Coordinator, Florida Fish and Wildlife Conservation Commission, Tallahassee, FL.

Ranking Member Henry Brown (R-SC) made a lengthy statement assailing the notion that listing large constrictors on the Injurious Wildlife list of the Lacey Act would have any positive impact on the Everglades. “How is putting thousands of Americans out of work and destroying thousands of small businesses going to eradicate Burmese pythons in South Florida?” Brown said. Congressman Bishop commented that it was clear pythons were an invasive issue limited to south Florida and would never be a problem in his home state of Utah.

Dr. Mazzotti from the University of Florida testified that 9 out of 10 of the radio telemetered Burmese pythons being tracked by the National Park Service in Everglades National Park succumbed to the recent cold snap and died as a result. Scott Hardin of Florida Fish & Wildlife Conservation commission testified that he believed at least 50% or more of the pythons in south Florida died in the cold. Shawn Heflick, a conservation biologist and science adviser to USARK, said a cold-weather toll he estimated at 70 to 80 percent proved that federal risk assessments suggesting the snake could spread to other states were overblown. “This population of pythons cannot expand outside of Florida,” he said. “This is a Florida problem, not a federal problem.” Both Hardin and Mazzotti agreed that this was an issue limited to south Florida and the Lacey act was not an effective tool to control invasive species. They both urged a more pragmatic and comprehensive approach that was inclusive of the reptile industry.

Click here to read Testimony by Shawn Heflick on behalf of USARK:
http://usark.org/uploads/Heflick%20Testimony.pdf

Click here to read Testimony of all witnesses (click individual names):
http://resourcescommittee.house.gov/index.php?option=com_jcalpro&Itemid=27&extmode=view&extid=340

The majority opinion amongst the witnesses seemed to be:

1. Pythons are a problem limited to several counties in south Florida.
2. As such a Lacey Act listing would not be warranted nor effective in addressing real problems.
3. A more comprehensive and pragmatic approach to dealing with potential invaders on a regional basis is necessary.
4. Collaboration between agencies, academics and the expertise of industry is key to finding real solutions.

USARK would like to thank the leadership and measured approach of Chairman Grijalva in conducting the hearing. We would also like to thank Ranking members Brown and Bishop for their astute comments and pointed questions revealing the true scope of the issues. Special thanks to Scott Hardin and Frank Mazzotti for bringing real perspective to what has been an over sensationalized regional problem. And a very special thanks to Shawn Heflick for his expertise and devotion to the truth on behalf of the Reptile Nation!

Link to Original Article

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