This is a yearly synopsis from Andrew Wyatt, regarding the major legislative and regulatory issues of 2010 we've faced and what's likely ahead.

Those that oppose what we do...those that want to end our right to keep and maintain non-traditional pets as private citizens have shown us their hand. Theirs is the strategy of "DEATH BY A THOUSAND CUTS". Don't let it happen. Keep up the fight. Change the speak. Seek inclusion and cooperation. We are not the villains here. Don't let them say we are.

Stop the bleeding. It's a long, tough row to hoe, but there's more at stake than just our right to keep. We know that. America needs to know it, too.

Just my comments. Here's what Andrew has said (with permission):

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The challenges posed by federal legislative action were numerous during the 111th Congress in 2009 and 2010. There were no less than three federal bills arrayed against us. Any of which, if passed, would have spelled disaster for the Herp Industry. First there was HR669, a bill drafted in large part by the Defenders of Wildlife, which was designed to end ownership and trade in most animals that are non-native to the USA. Next there was S373, a convoluted, biologically illiterate Senate bill whose intent was to add all 47 pythons to the Injurious Wildlife list of the Lacey Act; stopping import and interstate transport. And finally HR2811, a US House compliment to S373. The three bills, collectively, represented a decided move by the Radical Environmental Movement and the Animal Rights Industry to elevate their attacks on the Herp community from the State level to the Federal level. Together, HR669, S373 and HR2811 were the greatest threat to the future of the Herp Industry in its 30 year history.



HR669

Introduced in early 2009 by Delegate Madeleine Bordallo (D- Guam), this bill was known as the ‘‘Nonnative Wildlife Invasion Prevention Act’’. HR669, if passed, would set up a “guilty until proven innocent white list” approach prohibiting the import, ownership, purchase, sale, trade and breeding of most non-native animals to the USA. It was written by the Defenders of Wildlife and based upon their propaganda piece pitched as a scientific report called ‘Broken Screens’. HR669 was assigned to the US House Natural Resources Committee. The white list approach is considered by USARK to be a death knell to the industry and was vehemently opposed. A white list is completely unacceptable to USARK and that is where we drew a “line in the sand”. USARK spearheaded a massive grass roots letter writing campaign that produced an astounding 50,000 letters opposing HR669 outright. This unprecedented grass roots action combined with a direct appeal to Committee Chairman Nick Rahall (D- WV) enabled USARK to completely derail HR669 leaving it disabled and without any momentum to move forward again. We would like to thank all of those from the exotic animal community and the pet industry who also contributed to this extraordinary action.



S373

Aka “The Python Ban”, this was a bill introduced into the US Senate by Senator Bill Nelson (D-FL) in early 2009. It was designed to use the high profile nature of the Burmese python to elevate awareness of problems in the Everglades in order that $2 Billion dollars in Everglades restoration funds might be freed up as a result of reinstating the ‘Endangered Site’ status under its World Heritage Site designation lost during the Bush administration. The bill was amended in late 2009 to limit S373 to the 9 constrictor snakes detailed in a controversial USGS report, but added all of Eunectes and Boa constrictor. It then passed out of the Senate Environmental & Public Works Committee in December of 2009. During the Christmas break USARK engineered another massive letter writing campaign in a grass roots effort to short circuit S373. In early 2010 USARK worked with members of the U.S. Senate to stymie passage of the bill and ultimately were able to convince Senator Tom Coburn (R- OK) to place a hold on the bill effectively blocking a full vote on the Senate floor. Following the expiration of the Coburn hold, S373 was again placed on the Senate calendar for a vote, but once again USARK was able to block a vote. It is now rumored that S373 could be added to a massive omnibus lands and natural resources bill expected to be passed during the current ‘Lame Duck’ session of Congress. USARK has a campaign underway to block the addition of S373 to this omnibus bill.



HR2811

The US House companion to S373 introduced by Congressman Kendrick Meek (D-FL) in early 2009. The original intent was to add all 47 python species to the Injurious Wildlife list of the Lacey Act; the language was identical to S373. USARK negotiated extensively with the bill’s sponsor urging an amendment that would limit the bill to ONLY the import of the Burmese python; allowing interstate trade to continue. This amendment was rejected, but an alternative amendment was accepted that altered the bill to include only the Northern African python and the Burmese python. USARK testified before the US House Judiciary Committee in opposition to HR2811. Subsequently it was passed out of Committee, but lost all momentum. As the bill currently stands it would have to be reconciled with its Senate counterpart, but is not likely to be given any time on a crowded House floor calendar.



Regulatory actions taken by FWS without regard to science or sound policy have also dogged our young industry. It appears that mid-level staff is committed to making policy decisions based purely on staff preference; facts be damned. USARK believes the actions of FWS to be arbitrary and capricious. USARK has worked hard to create the procedural record that will give ammunition to Congressional oversight committees and/or legal authorities to examine the flawed science supporting the decisions made by officials at the Department of the Interior. We have made a number of Freedom Of Information Act requests and have uncovered documents that point toward a coordinated effort by FWS and USGS personnel to arrive at a predetermined outcome regarding a Lacey Act listing. The final outcome of the Constrictor Rulemaking will define the future of our industry and potentially how all non-native animals are looked at in the USA; including dogs, cats, fish and domestic livestock.



Constrictor Rulemaking at FWS

In 2008 a Notice of Inquiry was posted in the Federal Register by FWS in response to a petition from South Florida Water Management District at the behest of The Nature Conservancy to add Boa, Python and Eunectes to the Injurious Wildlife list of the Lacey Act. USARK made public comment opposing such an unwarranted listing based on lack of scientific support, and that the Lacey Act did not address the stated intent of a potential rulemaking. In 2009 a very controversial, internal, and unscientific report on 9 constrictor species was published by the USGS. This was then adopted by FWS and used as justification for a proposed rulemaking in early 2010. USARK submitted public comment in addition to making the resources available to thousands of members of USARK and the general public to also make public comment. USARK also requested and received a 30-day extension on the public comment period to allow more participation from our industry and additional time to coordinate rebuttal of the flawed science relied upon as the basis of the rulemaking. During this time two important scientific studies were published in the journal Biological Invasions. These cold weather studies directly contradicted the climate data that underpinned the USGS Constrictor Report. Further, scientists from around the country, and the world were able to make public comment. Most were very critical of the questionable nature of the constrictor report and the apparent collaboration to put staff preference over good science in the administration of policy. In the summer of 2010 USARK filed a detailed 16 point challenge and request for correction of the Constrictor Report under the Information Quality Act (IQA) and the Administrative Procedures Act (APA). The challenge was rejected out of hand by USGS. USARK then filed a detailed appeal of the decision by USGS to ignore government standards and guidelines for information used to make policy. The appeal has not yet been responded to by USGS. We have laid the ground work for a federal lawsuit against FWS and expect some movement on the rulemaking by February. Again, it is the opinion of USARK that the actions of FWS and USGS are arbitrary and capricious. They have failed to adhere to their own policies and procedures under IQA and APA.



Amphibian Notice of Inquiry at FWS

Recently FWS posted a Notice of Inquiry in the Federal Register in response to a petition filed by Defenders of Wildlife to consider adding ALL amphibians to the Injurious Wildlife list of the Lacey Act. Public comment will close on December 16, 2010. There appears to be little or no science to support this listing and it is unclear whether FWS can designate native animals as Injurious Wildlife. USARK will soon be making resources available to its members and the general public to facilitate individuals and scientists in the submission of public comment. This is the first step in the process of rulemaking. Much will hinge on the precedent set by the Constrictor Rulemaking.



It is crucial that the pet industry, animal agriculture, zoos, museums, aquaculture, biomedical research and animal entertainment wake up to the fact that potential precedent set by the Constrictor Rulemaking could signal a major shift in how ALL non-native animals are treated in the USA going forward. Never before has FWS tried to list multiple animals without sound science to support the policy. Never before have animals so widely held by the American public been proposed for listing. These two important precedents, if set, could open the door for wholesale listings without due diligence and scientific support. The Amphibian listing has already been cued up… what’s next fish? USARK will need help from these groups if we have to file a federal lawsuit to block a listing.



In the fall of 2010 USARK was also made aware of an effort by Senator Ben Cardin (D-MD) to revive from the ashes of HR669 a bill that addresses non-native species. We anticipate that Senator Cardin’s effort will also employ a white list approach, and expect to hear more on this in the early days of the 112th Congress.



In conclusion, although the situations USARK and the Reptile Nation have been forced to deal with during the 111th Congress have been challenging, we have taken all the proper measures to ensure a fighting chance for the future of our industry. We have been able to capitalize on a steady stream of missteps, mistakes, inaccuracies and improprieties by officials at the US Department of the Interior. We hope that their disdain for their own guidelines and procedural mandates under the Administrative Procedures Act and the Information Quality Act will be their undoing. On Capitol Hill, we affirmatively engaged in the policy debate, testified before committees, used the legislative process in our favor; and had the good fortune of capable allies in Congress willing to aid in our defense. We are thankful for the industry’s support of our past efforts and are cautiously optimistic about the future. Looking ahead to 2012 we will continue to rely on strategic thinking and a solid ground game to address the challenges that are sure to face us.





Kindest Regards,

--Andrew



Andrew Wyatt

President

United States Association of Reptile Keepers

PO Box 279

Grandy, NC 27939

252-207-1041

www.USARK.org

http://twitter.com/USARK

http://USARK.org/donate.php

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"As hard as I've tried, just can't NOT do this"
John Crickmer

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