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[Senate Report 111-180]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 365
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-180

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 A BILL TO AMEND TITLE 18, UNITED STATES CODE, TO INCLUDE CONSTRICTOR 
       SNAKES OF THE SPECIES PYTHON GENERA AS AN INJURIOUS ANIMAL

                                _______
                                

                  May 5, 2010.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 373]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 373) to amend section 42 of title 18, 
United States Code, to include constrictor snakes of the 
species Python molurus (including Python bivittatus (also known 
as ``Python molurus bivittatus'')), Broghammerus reticulatus 
(also known as ``Python reticulatus''), Python sebae, Python 
natalensis (also known as ``Python sebae natalensis''), Boa 
constrictor, Eunectes notaeus, Eunectes deschauenseei, Eunectes 
murinus, or Eunectes beniensis after ``polymorpha'' as 
injurious animals, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                    General Statement and Background

    This bill, as introduced, would amend the Lacey Act to add 
constrictor snakes of the species Python genera to the list of 
injurious species, found in 18 U.S.C. Sec. 42(a)(1). This 
action would halt the importation and interstate trade of the 
listed species.
    Thousands of Burmese Pythons are now breeding in the 
Florida Everglades, and threaten many imperiled species and 
other wildlife. In addition other species of large snakes are 
or may be breeding in the Everglades including the Boa 
Constrictors and Northern African Pythons. Addressing the 
threat of invasive species is a key component of protecting and 
restoring the rich biological diversity of the Everglades 
ecosystem.
    In June 2006, the U.S. Fish and Wildlife Service (USFWS) 
received a request from the South Florida Water Management 
District to list Burmese Pythons as an injurious species under 
the Lacey Act. At the time the petition was submitted, no 
scientific information had been compiled on Burmese Pythons 
that would enable a rigorous assessment of risk and potential 
impacts to the Everglades and other ecosystems. As a result, in 
2007, USFWS partnered with the National Park Service to jointly 
provide funds to the U.S. Geological Survey (USGS) towards 
completion of a risk assessment of nine non-native boa, 
anaconda, and python species considered invasive or potentially 
invasive in the United States. USGS finalized the risk 
assessment report entitled: Giant Constrictors: Biological and 
Management Profiles and an Establishment Risk Assessment for 
Nine Large Species of Pythons, Anacondas, and the Boa 
Constrictor on October 13, 2009. The assessment considered what 
effects these species could have on the ecology of the United 
States if they became established in the wild.
    According to the assessment, of the nine large constrictor 
snakes that were evaluated, five were shown to pose a high risk 
to the health of the ecosystem, including the Burmese Python, 
Northern African Python, Southern African Python, Yellow 
Anaconda, and Boa Constrictor. The remaining four large 
constrictors--the Reticulated Python, Green Anaconda, Beni or 
Bolivian Anaconda, and Deschauensee's Anaconda--were shown to 
pose a medium risk. None of the large constrictors that were 
assessed was classified as low risk. As compared to many other 
vertebrates, giant constrictors pose a relatively high risk as 
potential invasive species, especially in terms of risk to 
stability of native ecosystems. There are currently no tools 
available that appear adequate for eradication of an 
established population of giant snakes once they have spread 
over a large area.
    The introduced version of S. 373 proposed listing species 
of the entire Python genus as injurious. During a hearing of 
the Committee on Environment and Public Works Subcommittee on 
Water and Wildlife on December 3, 2009, USFWS testified that 
some of the species in the genus Python are not considered 
large constrictors and may not pose a threat. The USFWS 
recommended that S. 373 be amended to specifically include the 
nine species of large constrictor snakes that USGS evaluated in 
its risk assessment. In a letter dated December 7, 2009, to 
Senator Bill Nelson, the bill's sponsor, Secretary of the 
Interior, Ken Salazar, also recommended that S. 373 be amended 
to include only the nine species of giant constrictor snakes 
included in the USGS risk assessment. The full committee 
considered the bill and adopted an amendment in the nature of a 
substitute to list only the nine species of constrictor snakes 
addressed in the October 13, 2009, USGS risk assessment as 
injurious species.

                     Objectives of the Legislation

    Amends the Lacey Act to include nine species of giant 
constrictor snakes to the list of injurious species that are 
prohibited from being traded in interstate commerce or imported 
into the United States.

                      Section-by-Section Analysis

Section 1. Importation of shipment of injurious species

    Section 1 amends the Lacey Act to add the following non-
native constrictor snakes to the list of injurious species that 
are prohibited from being traded in interstate commerce or 
imported into the United States: Burmese Python (Python molurus 
including Python bivittatus (also known as ``Python molurus 
bivittatus'')), Reticulated Python (Broghammerus reticulatus 
(also known as ``Python reticulatus'')), Northern African 
Python (Python sebae), Southern African Python (Python 
natalensis (also known as ``Python sebea natalensis'')), Boa 
Constrictor (Boa constrictor), Yellow Anaconda (Eunectes 
notaeus), DeSchauensee's Anaconda (Eunectes deschauenseei), 
Green Anaconda (Eunectes murinus), and Beni or Bolivian 
Anaconda (Eunectes beniensis).
    Parenthetical references for species names were included in 
the amended text to reference the Convention on International 
Trade in Endangered Species (CITES) taxonomy and thereby 
minimize confusion for enforcement and prosecution of 
violations of the Act. It is the Committee's intent that the 
USFWS amend its regulations, as necessary, to reflect any 
future taxonomic re-designations of the included species.

                          Legislative History

    On February 3, 2009, Senator Bill Nelson (FL-D) introduced 
legislation to amend section 42 of title 18, United States 
Code, to list all species of the entire Python genus as 
injurious. The bill was received, read twice, and referred to 
the Senate Committee on Environment and Public Works. A 
companion bill was introduced in the House of Representatives 
on June 10, 2009, by Representative Meek (D-FL-17).
    The Water and Wildlife Subcommittee of the Environment and 
Public Works Committee held a legislative hearing on December 
3, 2009, entitled ``Threats to Native Wildlife Species,'' to 
consider a number of wildlife bills, including S. 373.
    On December 10, 2009, the full Environment and Public Works 
Committee met to consider the bill and adopted an amendment in 
the nature of a substitute to add the nine species of 
constrictor snakes addressed in the October 13, 2009, USGS risk 
assessment. S. 373 as amended was reported favorably by voice 
vote with Senator Inhofe recorded as voting no.

                                Hearings

    On July 8, 2009, the Senate Committee Environment and 
Public Works, Subcommittee on Water and Wildlife and 
Subcommittee on Oversight held a joint oversight hearing 
entitled ``Threats to Native Wildlife Species.'' This hearing 
examined threats to native wildlife species from disease and 
from invasive species. Senator Bill Nelson testified at this 
hearing on his bill and the dangers Burmese Pythons pose to 
Florida's ecosystems and to human safety.
    On December 3, 2009, the Water and Wildlife Subcommittee of 
the Senate Environment and Public Works Committee held a 
legislative hearing on multiple wildlife and invasive species 
bills, including S. 373. The Deputy Director of the USFWS as 
well as a representative of The Nature Conservancy testified in 
support of the legislation provided it was limited to the nine 
species of non-native constrictor snakes evaluated by the USGS.

                             Rollcall Votes

    The Committee on Environment and Public Works met to 
consider S. 373 on December 10, 2009. The bill was ordered to 
be reported favorably with an amendment in the nature of a 
substitute by voice vote with Senator Inhofe recorded as voting 
no.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 373 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee noted that the Congressional 
Budget Office (CBO) has found, ``the direct costs of the 
mandates would fall below the annual thresholds established in 
UMRA [Unfunded Mandates Reform Act] for intergovernmental and 
private-sector mandates ($70 million and $141 million in 2010, 
respectively, adjusted annually for inflation).''

               Congressional Budget Office Cost Estimate

                                                  January 21, 2010.
Hon. Barbara Boxer,
Chairman, Committee on the Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 373, a bill to amend 
title 18, United States Code, to include constrictor snakes of 
the species Python genera as an injurious animal.
    If you wish further details on this estimate, I will be 
pleased to provide them.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 373--A bill to amend title 18, United States Code, to include 
        constrictor snakes of the species Python genera as an injurious 
        animal

    CBO estimates that implementing S. 373 would have no 
significant cost to the federal government. Enacting the bill 
could affect direct spending and revenues, but CBO estimates 
that any such effects would not be significant.
    S. 373 would make it a federal crime to import or ship 
certain snakes into the United States. Because the bill would 
establish a new offense, the government would be able to pursue 
cases that it otherwise would not be able to prosecute. We 
expect that S. 373 would apply to a relatively small number of 
offenders, so any increase in costs for law enforcement, court 
proceedings, or prison operations would not be significant. Any 
such costs would be subject to the availability of appropriated 
funds.
    Because those prosecuted and convicted under S. 373 could 
be subject to criminal fines, the federal government might 
collect additional fines if the legislation is enacted. 
Criminal fines are recorded as revenues, deposited in the Crime 
Victims Fund, and later spent. CBO expects that any additional 
revenues and direct spending would not be significant because 
of the small number of cases likely to be affected.
    Under S. 373, entities such as zoos would need permits to 
import or transport the affected species of snakes. Based on 
information provided by the U.S. Fish and Wildlife Service 
(USFWS), which issues permits for such activities, CBO 
estimates that enacting the bill could result in an increase in 
offsetting collections (for permits) and associated spending. 
We estimate that such increases would be minimal, however, and 
would offset each other in most years, resulting in no 
significant net cost.
    By prohibiting the importation and interstate transport of 
several species of python, anaconda, and boa constrictor 
without a permit from USFWS, the bill would impose 
intergovernmental and private-sector mandates as defined in the 
Unfunded Mandates Reform Act, UMRA, USFWS is authorized to 
issue permits for scientific, medical, educational, or 
zoological reasons.
    The cost to public and private entities that are eligible 
for permits, such as zoos or research centers, would be the 
expense of obtaining those permits. Fees for private entities 
would be $25 or $100 depending on the activity being 
authorized. (USFWS regulations prohibit the agency from 
charging permit fees to state, local, or tribal entities.) The 
cost of the mandate to those ineligible for a permit, including 
private importers, breeders, retailers, shippers, and owners of 
those snakes, would be the forgone net income from the 
inability to sell or transport the animals across state lines. 
According to the USFWS, exporting those species of snakes would 
be allowed, however, only from ports designated by the USFWS.
    Based on information about the cost of permits from the 
USFWS and information gathered from individuals in the industry 
about the value of shipments, sales, and imports of species 
covered by the legislation, CBO estimates that the direct costs 
of the mandates would fall below the annual thresholds 
established in UMRA for intergovernmental and private-sector 
mandates ($70 million and $141 million in 2010, respectively, 
adjusted annually for inflation).
    On October 9, 2009, CBO transmitted a cost estimate for 
H.R. 2811, a bill to amend title 18, United States Code, to 
include constrictor snakes of the species Python genera as an 
injurious animal, as ordered reported by the House Committee on 
the Judiciary on July 29, 2009. The two bills are similar, and 
the CBO cost estimates are the same.

                    MINORITY VIEWS OF SENATOR INHOFE

                               BACKGROUND

    In 2009, the Committee on Environment and Public Works held 
a series of hearings on S. 373, along with several other bills 
that addressed the possible threats posed by particular non-
native species to the environment. In the context of S. 373, I 
believe we must be cautious about new laws that interfere with 
the Fish and Wildlife Service's management practices, as they 
could impose changes to environmental laws with little or no 
input from stakeholders, industry and other federal agencies. 
As we chart a course of action to address harmful species, we 
must be careful to avoid subverting or overturning established 
processes within the Department of Interior for determining the 
threat a particular species may have on the environment.
    Any policy that Congress considers for invasive species 
should include a reasonable ``risk analysis'' process with 
input from states and industry. Unfortunately, S. 373 takes a 
different and less effective approach and was reported out of 
Committee on December 10, 2009 despite my opposition.

    PROPOSED RULE FOR LISTING GIANT CONSTRICTOR SNAKES AS INJURIOUS 
                                WILDLIFE

    On March 11, 2010, the United States Fish and Wildlife 
service announced that it would move forward with the official 
administrative process of banning the importation, export and 
interstate transport of 9 species of constrictor snakes. I 
believe this is the appropriate way to proceed in assessing the 
threats posed by various constrictor snake species. Unlike S. 
373, this rule-making process will ensure that all stakeholder 
views and sound peer-reviewed science are given fair 
consideration.
    This bill circumvents the established process for listing a 
species as ``injurious'' under the Lacey Act and sets a 
dangerous precedent for future instances of legislative fiat as 
it pertains to scientific determinations of species and their 
habitats. I would oppose moving forward with this bill, in 
light of the Fish and Wildlife Service's ongoing rule making 
process to address the potential threats constrictor snakes may 
pose to human health and the environment.

                                                   James M. Inhofe.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

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TITLE 18--CRIMES AND CRIMINAL PROCEDURE

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    Sec. 42. Importation or shipment of injurious mammals, 
birds, fish (including mollusks and crustacea), amphibia, and 
reptiles; permits, specimens for museums; regulations.
    (a)(1) The importation into the United States, any 
territory of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, or any possession of the United 
States, or any shipment between the continental United States, 
the District of Columbia, Hawaii, the Commonwealth of Puerto 
Rico, or any possession of the United States, of the mongoose 
of the species Herpestes auropunctatus; of the species of so-
called ``flying foxes'' or fruit bats of the genus Pteropus; of 
the zebra mussel of the species Dreissena polymorpha; of any 
existing or subsequently discovered member of the species 
Python molurus (including Python bivittatus (also known as 
``Python molurus bivittatus'')), Broghammerus reticulatus (also 
known as ``Python reticulatus''), Python sebae, Python 
natalensis (also known as ``Python sebae natalensis''), Boa 
constrictor, Eunectes notaeus, Eunectes deschauenseei, Eunectes 
murinus, or Eunectes beniensis and such other species of wild 
mammals, wild birds, fish (including mollusks and crustacea), 
amphibians, reptiles, brown tree snakes, or the offspring or 
eggs of any of the foregoing which the Secretary of the 
Interior may prescribe by regulation to be injurious to human 
beings, to the interests of agriculture, horticulture, 
forestry, or to wildlife or the wildlife resources of the 
United States, is hereby prohibited. All such prohibited 
mammals, birds, fish (including mollusks and crustacea), 
amphibians, and reptiles, and the eggs or offspring therefrom, 
shall be promptly exported or destroyed at the expense of the 
importer or consignee. Nothing in this section shall be 
construed to repeal or modify any provision of the Public 
Health Service Act or Federal Food, Drug, and Cosmetic Act. 
Also, this section shall not authorize any action with respect 
to the importation of any plant pest as defined in the Federal 
Plant Pest Act, insofar as such importation is subject to 
regulation under that Act.

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