Reptile & Amphibian Forums

Hey, everyone.
Please do this. If boa constrictors go down, it will change the herp industry for the worse forever.
Andrew says that only 200 herpers have responded this year where there have been lots of HSUS and AR responses.
Please get on this now!
Thank you so much!
Aaron

ALERT: USARK Challenge/USFWS Rule Change

As we have stated previously, successfully challenging the USFWS Proposed Rule Change that could add 9 constrictor snakes to the Injurious Wildlife list of the Lacey Act involves a multi- pronged strategy. This strategy is currently being implemented by USARK in coordination with coalition partners representing various like-minded constituencies. Making public comment is vitally important, but just one piece of our strategic plan. Here is a brief overview of the necessary steps as we see them.

1. Make Public Comment to USFWS: Deadline Tuesday May 11, 2010: USARK has requested a 90 day extension (we have it on authority that our request will be denied). Please comment ASAP! Go to www.Kill-RuleChange.com for guidelines on making comment.
2. Challenge USFWS Initial Regulatory Flexibility Analysis (IRFA): IRFA is the USFWS economic analysis. Although USARK is spearheading an independent Economic Assessment of the entire reptile industry with a Georgetown firm, our job at present is to show the problems with the USFWS assessment- Click here to read USARK IRFA Response: http://www.usark.org/uploads/Response to USFWS IRFA.pdf.
3. Challenge the USGS report on constrictor snakes under the Information Quality Act (IQA): The IQA requires that when federal agencies consider regulation that is unprecedented, controversial and/or would have significant economic impact, that they be held to a very high standard as to the quality of information used to support such regulation. It also requires all alternatives be considered. We believe USGS/ USFWS have failed on all accounts- Click here to read USARK IQA Challenge: http://www.usark.org/uploads/USARK IQA Challenge.pdf.
4. Prepare a Superior Alternative: USARK is working with state wildlife agencies and leading academics to set up a State/ Locality based Risk Assessment and industry Best Management Practices as an alternative to Lacey Act listing.
5. Prepare to file a Federal Lawsuit: In anticipation that USFWS ignores the fact that there are gross inequities, misrepresentations and inaccuracies in the Proposed Rule and agency reports used to support the Proposed Rule. There are also alternatives that have not been fully explored.

Although each step is interrelated and extremely important, one of the most crucial parts of this puzzle is the IQA Challenge. Our IQA document was prepared by the same person handling the most prominent IQA challenge in the country, which many of you may know involves the delta smelt in the central California valley. Although some have characterized our challenge as being too critical of government agencies, USARK disagrees. We believe that the agencies involved have done an extremely poor job of supporting their position, and our IQA challenge will bring that point to the fore and establish it as part of the public record. Our IQA document is in large part the product of a coalition effort that USARK has been engaged in for roughly four months. If we are successful then it is likely the focus will move to our proposed alternative.

The most immediate need is for Reptile Nation to make public comments on the proposed rule. Groups advocating this “snake ban” have their members engaged and producing comments in large numbers. It is therefore essential we get our folks engaged and that everyone go online and submit comments. Please make those Public Comments prior to the DEADLINE of May 11th! We have set up a page on the USARK website to help you along. Please visit www.Kill-RuleChange.com for suggestions for your consideration.

For Questions Contact:
Andrew Wyatt
president@usark.org
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www.voodoomagicboas.com

RED ALERT: Fast & Easy Comment on Rule Change

Deadline Tuesday May 11, 2010 for Public Comment on the US Fish & Wildlife Service proposed rule adding nine constrictor snakes to the Injurious Wildlife list of the Lacey Act. It is imperative that as many people as possible make comment prior to the deadline. Failure to do so could result in wholesale destruction of the Reptile Nation!

It is highly suggested that your comments be original and written by you. There are guidelines at www.Kill-RuleChange.com. However, there seems to be confusion about ‘How To’ and ‘Where To’ make comment. The following is ‘step by step’ on how to make a fast and easy comment:

Go to the government portal: http://www.regulations.gov/search/Regs/home.html#submitComment?R=0900006480abc25c
Fill in the fields for Name, Country, City and Postal Code. Ignore the rest of the fields.
Copy the Sample Letter below. Modify it with your own comments (HIGHLY SUGGESTED). Paste it into the Comment Field.
If you are a business copy Sample Letter onto company letterhead and save as a Word Doc or PDF file. Click the Browse button on the Attach File field and download your file. (if you are NOT a business skip step 4)
Click Submit button. Your Done!
SAMPLE LETTER: Cut & Paste Into Government Portal

U.S. Fish and Wildlife Service
Division of Policy and Directives Management
Attn: Docket No. FWS-R9-FHC-2008-0015
4401 N. Fairfax Drive, Suite 222
Arlington, VA 22203

RE: Docket No. FWS-R9-FHC-2008-0015

Dear U.S. Fish and Wildlife Service,

As a supporter of the United States Association of Reptile Keepers (USARK) and someone who is concerned about the environment, I am writing today to OPPOSE the proposed rule to list nine species of large constrictor snakes as injurious (75 Fed. Reg. 11808-11829 (March 12, 2010)).

CONTROVERSIAL
As you know, in 2009 the U.S. Geological Survey (USGS) released a highly controversial report on nine snake species. This internal report was NOT peer reviewed science. It is riddled with mistakes, inaccuracies, misrepresentations and unsupportable assumptions. The USARK has filed a 36 page Request for Correction with the USGS under the Information Quality Act. In a letter to the Senate Environmental & Public Works Committee a panel of 11 acclaimed scientists called the report “not scientific” and “not suitable as the basis for legislative or regulatory policy”. This poorly done report is the only “science” that supports the proposed rule.

UNPRECEDENTED
If enacted, this rule making would have the unprecedented effect of putting as many as a million American citizens in possession of Injurious Wildlife and subject to potential felony prosecution under the Lacey Act. It could effectively create a new class of criminal out of law abiding American citizens. Never has the USFWS attempted to list such a large group of animals that are widely held by the American public.

SIGNIFICANT ECONOMIC IMPACT
USFWS does not possess the information needed to do a credible Initial Regulatory Flexibility Analysis (IRFA) on proposed rules regarding constrictor snakes. In its report, dated February 10, 2010, USFWS relied on baseless assumptions and extrapolations and it ignored information submitted by industry participants and trade associations in response to its 2008 Notice of Inquiry. In addition, the Service misused the information it was provided by respondents to the notice. Therefore, the Service’s regulatory flexibility analysis is not a complete, reliable, or convincing analysis of the impact of the proposed rule on small businesses involved in the buying and selling of the nine snake species included in the proposed rule. The IFRA grossly underestimates the scope of the impact of the proposed regulations.

ALTERNATIVES
USFWS has failed to explore suitable alternatives to Lacey Act listing. There is a plethora of ideas on how to address the issue of invasive species that are for more pragmatic and less damaging than the Lacey Act. It was the consensus opinion at the recent US House Committee on Natural Resources Hearing on Invasive Species that Lacey Act was an ineffectual tool for addressing this issue. State/Local Risk Assessment combined with industry Best Management Practices (BMP) was suggested by Dr. Frank Mazzotti of the University of Florida. (His is a unique perspective because he is the one responsible for the radio tracking of pythons in the Everglades National Park.) USARK has developed an Accreditation utilizing BMP’s that have passed into state law in North Carolina and are currently pending in SC. They are also being considered by GA, LA, CA and VA. USFWS has an obligation to explore viable alternatives. To date they have not.

It is clear that the USFWS has not thoroughly considered the full implications this proposed rule making would have. Further it is clear that USFWS has not given the due diligence required to enact such a controversial, unprecedented and draconian measure. It is clear that if enacted the proposed rule would negatively impact as many as a million Americans. The limited effectiveness of the Lacey Act as a means to control invasive species means that if enacted the stated intent of the rulemaking would never be realized. Nothing would change on the ground in south Florida. The only effect would be to destroy the captive propagation and trade of animal's already in captivity all across the country.

Please stop the proposed rule to restrict the trade in nine species of constrictors.

Thank you for your consideration.
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www.voodoomagicboas.com