Andrew Wyatt

President

United States Association of Reptile Keepers

PO Box 279

Grandy, NC 27939

252-207-1041

[www.usark.org](http://www.usark.org/)

Dear Ms. Williams,

I am writing in response to:

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

The United States Association of Reptile Keepers (USARK) is a science
and education based advocacy for the responsible private ownership of,
and trade in reptiles. We endorse caging standards, sound husbandry,
escape prevention protocols, and an integrated approach to vital
conservation issues. Our goal is to facilitate cooperation between
government agencies, the scientific community, and the private sector in
order to produce policy proposals that will effectively address
important husbandry and conservation issues. The health of these
animals, public safety, and maintaining ecological integrity are our
primary concerns.

-   **There is NO evidence to suggest that a problem exists regarding
    any of these genera living feral outside of south Florida.**

-   **There is NO conclusive or compelling evidence to suggest that any
    of these genera could survive or spread outside south Florida in the
    foreseeable future.**

-   **The Florida Fish & Wildlife Commission has spent considerable
    time, effort and money developing and implementing legislation
    designed to address the problems of south Florida in regards to some
    of these genera in their 'Reptiles of Concern' legislation that just
    went into effect in January 2008.**

-   **There is NO evidence to suggest that adding any of these genera to
    the 'Injurious Wildlife' list of the Lacey Act would improve the
    current situation in south Florida in any way.**

Response to Questions:

**(1) What regulations does your State have pertaining to the use,
transport, or production of *Python*, *Boa* and *Eunectes* genera?**

USARK is headquartered in NC where we have authored pending State
legislation that addresses secure caging, written escape recovery plans
and severe remedies for release of animals into the wild. We have
developed this model legislation in two formats and are promoting them
state by state across the USA. The first model is written into a permit
system. The second model is written into criminal law. Violations could
result in felony prosecution. Details can be obtained from Jon Carr
Attorney at Law with Jordan Price in Raleigh NC. <JCarr@jordanprice.com>

**(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?**

Most of the species in the above genera are being produced in at least
45 states. The largest numbers are being produced in CA, FL, OK and TX.

**(3) How many businesses sell *Python*, *Boa* or *Eunectes* species?**

It is estimated about 5000+ businesses sell the above genera.

**(4) How many businesses breed *Python*, *Boa* or *Eunectes* species?**

It is estimated about 5000+ businesses breed the above genera.

**(5) What are the annual sales for *Python*, *Boa* or *Eunectes*
species?**

See PIJAC

**(6) Please provide the number of *Python*, *Boa* or *Eunectes*
species, if any, permitted within each State.**

In the states that permit ownership there are no limits on the number
kept at the state level of regulation. There are some county and
municipal level ordinances that limit numbers and size.

**(7) What would it cost to eradicate *Python*, *Boa* or *Eunectes*
individuals or populations, or similar species, if found?**

There is no feral population of any of the species in the above genera
in any state but Florida. There is No compelling evidence to support
that any of the species in this genera can survive outside of south
Florida. Therefore there would be no cost to eradicate populations that
don't exist and can't exist.

**(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?**

The cost would be zero in every state except Florida. With no population
of the above genera there would be no implementation of propagation,
recovery and restoration programs for native species necessary.

**(9) What State-listed species would be impacted by the introduction of
*Python*, *Boa* or *Eunectes* species?**

Again, with no feral populations in any state but Florida, there would
be NO State-listed species impacted by feral populations of the above
genera that don't actually exist outside south Florida.

**(10) What species have been impacted, and how, by *Python*, *Boa* or
*Eunectes* species?**

Outside of south Florida... NONE.

The problem with feral populations of the above genera is endemic to
south Florida. The FWC along with NPS are actively exploring and
implementing ways to address these populations in a pragmatic manor. An
'Injurious Wildlife' listing for the above genera which would have wide
ranging negative impact on thousands of animals, individuals and
businesses at the national level is completely unnecessary to deal with
a Florida problem. It would devastate a segment of the economy in an
already difficult economic environment. It would be difficult, costly
and probably impossible to enforce. There is no demonstrable benefit to
Florida or the rest of the country from a listing of these three genera.
There are many ways to help south Florida deal with its feral reptile
problem at the state level, but adding *Python, Boa & Eunectes* to the
'Injurious Wildlife' list of the Lacey Act will only impact law abiding
citizens in the rest of the country.

In conclusion, the United States Association of Reptile Keepers request
that the USFWS not place any boas or pythons on the 'Injurious Wildlife'
list of the Lacey Act. There is no reasonable argument for this course
of action.

If I can provide more information, please do not hesitate to contact me.

Sincerely,

Andrew Wyatt