Vol. 77 Monday, No. 14 January 23, 2012

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 16 Injurious Wildlife Species; Listing Three Python Species and One Anaconda Species as Injurious Reptiles; Final Rule

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DEPARTMENT OF THE INTERIOR Services Office, U.S. Fish and Wildlife (75 FR 11808) to list Python molurus Service, 1339 20th Street, Vero Beach, (which includes Burmese and Indian Fish and Wildlife Service FL 32960–3559; telephone (772) 562– pythons), reticulated python 3909 ext. 256; facsimile (772) 562–4288. (Broghammerus reticulatus or Python 50 CFR Part 16 FOR FURTHER INFORMATION CONTACT: reticulatus), Northern African python RIN 1018–AV68 Supervisor, South Florida Ecological (Python sebae), Southern African Services Office, U.S. Fish and Wildlife python (Python natalensis), boa [FWS–R9–FHC–2008–0015; Service, 1339 20th Street, Vero Beach, constrictor (Boa constrictor), yellow FXFR13360900000N5–123–FF09F14000] FL 32960–3559; telephone (772) 562– anaconda (Eunectes notaeus), Injurious Wildlife Species; Listing 3909 ext. 256. If you use a DeSchauensee’s anaconda (Eunectes Three Python Species and One telecommunications device for the deaf deschauenseei), green anaconda Anaconda Species as Injurious (TDD), please call the Federal (Eunectes murinus), and Beni anaconda Reptiles Information Relay Service (FIRS) at (Eunectes beniensis) as injurious (800) 877–8339. reptiles under the Act. The proposed AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: rule established a 60-day comment Interior. period ending on May 11, 2010, and ACTION: Final rule. Previous Federal Action announced the availability of the draft On June 23, 2006, the Service economic analysis and the draft SUMMARY: The U.S. Fish and Wildlife received a petition from the South environmental assessment of the Service (Service) is amending its Florida Water Management District proposed rule. At the request of the regulations under the Lacey Act to add (District) requesting that Burmese public, we reopened the comment Python molurus (which includes pythons be considered for inclusion in period for an additional 30 days ending Burmese python Python molurus the injurious wildlife regulations under on August 2, 2010 (75 FR 38069; July 1, bivittatus and Indian python Python the Lacey Act (18 U.S.C. 42, as 2010). molurus molurus), Northern African amended; the Act). The District was For the injurious wildlife evaluation python (Python sebae), Southern concerned about the number of Burmese in this final rule, in addition to African python (Python natalensis), and pythons (Python molurus bivittatus) information used for the proposed rule, yellow anaconda (Eunectes notaeus) to found in Florida, particularly in we considered a wide range of the list of injurious reptiles. By this Everglades National Park and on the information, including: (1) Substantive action, the importation into the United District’s widespread property in South comments from two public comment States and interstate transportation Florida. periods for the proposed rule, (2) between States, the District of Columbia, The Service published a notice of comments from five peer reviewers, and the Commonwealth of Puerto Rico, or inquiry in the Federal Register (73 FR (3) new information acquired by the any territory or possession of the United 5784; January 31, 2008) soliciting Service. From this information, we States of any live animal, gamete, viable available biological, economic, and determined that four of the nine egg, or hybrid of these four constrictor other information and data on the proposed species warrant listing as snakes is prohibited, except by permit Python, Boa, and Eunectes genera for injurious at this time. In addition, we for zoological, education, medical, or possible addition to the list of injurious made improvements to the scientific purposes (in accordance with wildlife under the Act and provided a supplementary information to support permit regulation) or by Federal 90-day public comment period. The and explain this decision. agencies without a permit solely for Service received 1,528 comments during We present a summary of the peer their own use. The best available the public comment period that closed review comments and the public information indicates that this action is April 30, 2008. We reviewed all comments following the Lacey Act necessary to protect the interests of comments received for substantive Evaluation Criteria section for four of human beings, agriculture, wildlife, and issues and information regarding the the nine proposed species. The wildlife resources from the purposeful injurious nature of species in the explanations in the sections on biology or accidental introduction and Python, Boa, and Eunectes genera. Of and evaluation of the four species will subsequent establishment of these large the 1,528 comments, 115 provided make many of the answers to the nonnative constrictor snake populations economic, ecological, and other data comments self-evident. into ecosystems of the United States. responsive to the 10 specific questions A major source of biological, DATES: This rule becomes effective on in the notice of inquiry. Most management, and invasion risk March 23, 2012. individuals submitting comments information that we used for the ADDRESSES: This final rule and the responded to the notice of inquiry as proposed rule and this final rule was associated final economic analysis, though it was a proposed rule to list derived from the United States regulatory flexibility analysis, and constrictor snakes in the Python, Boa, Geological Survey’s (USGS) ‘‘Giant environmental assessment are available and Eunectes genera as injurious under Constrictors: Biological and on the Internet at http:// the Act. As a result, most comments Management Profiles and an www.regulations.gov under Docket No. expressed either opposition or support Establishment Risk Assessment for Nine FWS–R9–FHC–2008–0015. Comments for listing the large constrictor snakes Large Species of Pythons, Anacondas, and materials received, as well as species and did not provide substantive and the Boa Constrictor’’ hereafter supporting documentation used in information. We considered the referred to as ‘‘Reed and Rodda 2009.’’ preparing this final rule, are available information provided in the 115 This document was prepared at the on the Internet at http:// applicable comments in the preparation request of the Service and the National www.regulations.gov under Docket No. of the draft environmental assessment, Park Service; it can be viewed at the FWS–R9–FHC–2008–0015; they are also draft economic analysis, and the following Internet sites: http:// available for public inspection, by proposed rule. www.regulations.gov under Docket No. appointment, during normal business On March 12, 2010, we published a FWS–R9–FHC–2008–0015 and http:// hours, at the South Florida Ecological proposed rule in the Federal Register www.fort.usgs.gov/Products/

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Publications/ and sustained expenditures.’’ This is territory or possession. We have pub_abstract.asp?PubID=22691. why we are listing one species that is determined that these four species of After full consideration of public not yet found in the United States but large constrictor snakes are injurious. comments and relevant factors, the which has the requisite injurious traits. Thousands of Burmese pythons are Service is moving forward with Two of the four largest snakes in the now established in the Everglades and publication of a final rule for the four world (with maximum lengths well preying on many imperiled species and species (Burmese python [including exceeding 6 m [20 ft]) are the Burmese other wildlife. In addition, Northern Indian python], Northern African python and Northern African python; African pythons are known to be python, Southern African python, and both are present in international trade established and breeding in South yellow anaconda. Five additional (although imports of the Burmese Florida. Yellow anacondas have also species (reticulated python, python are higher than those of the been reported in the wild in Florida. DeSchauensee’s anaconda, green Northern African python). The Burmese Burmese pythons, African pythons, and anaconda, Beni anaconda, and boa python and the Northern African yellow anacondas have been reported in constrictor) are not being listed at this python are established in south Florida. the wild in Puerto Rico. The Southern time and remain under consideration. The Northern and Southern African African python exhibits many of the pythons are closely related and have same biological characteristics as the Background similar appearances. While the Northern Northern African python that poses a Purpose of Listing as Injurious African python is documented on risk of establishment and negative import records as being imported and effects in the United States. The threat The purpose of listing the Burmese the Southern African python is not, we posed by the Burmese python and the python and its conspecifics (that is, believe that some snakes reported as three other large constrictor snakes will belonging to the same species; hereafter Northern African pythons may have be explained in detail below under referred to collectively as Burmese actually been Southern, and that Factors That Contribute to Injuriousness pythons unless otherwise noted), importers may want to switch to the for Burmese Python and each of the Northern African python (Python next most similar species (Southern) if other species. sebae), Southern African python the Northern African python became The USGS risk assessment used a (Python natalensis), and yellow listed as injurious. Thus, we evaluated method called ‘‘climate matching’’ to anaconda (Eunectes notaeus) (hereafter, the Southern African python on its own estimate those areas of the United States collectively the four large constrictor traits. exhibiting climates similar to those snakes) as injurious wildlife is to None of the four species is native to experienced by the species in their prevent the accidental or intentional the United States. The Service is respective native ranges (Reed and introduction of and the possible striving to prevent the introduction and Rodda 2009). Considerable uncertainties subsequent establishment of establishment of all four species into exist about the native range limits of populations of these snakes in the wild new areas of the United States, due to many of the giant constrictors, and a in the United States. concerns about the injurious effects of myriad of factors other than climate can Why the Four Species Were Selected for all four species, consistent with 18 influence whether a species could Consideration as Injurious Species U.S.C. 42. establish a population in a particular All four species were evaluated and location. Nonetheless, this method The Service has had the authority to found to be injurious because there is a represents the most accurate means to list species as injurious under the Act suitable climate match in parts of the predict and anticipate where a since the 1940s. However, we have been United States to support them; they are nonnative species would be able to criticized for not listing species before likely to escape captivity; they are likely survive and establish populations they became a problem (Fowler et al. to prey on and compete with native within the United States. 2007). The Burmese python–the subject species (including threatened and Some interested parties, including of the original petition here–is one endangered species); it would be other scientists such as Pyron et al. example of a species that may not have difficult to prevent, eradicate, or reduce (2008), criticized Reed and Rodda’s become so invasive in Florida if it had large populations; and other factors that (2009) climate-matching method. In been listed before it had become are explained in the sections Factors response, the authors published a established. With this final rule, we are That Contribute to Injuriousness for clarification of how they used the model attempting to prevent the further spread Burmese Python and for the other three (Rodda et al. 2011). This paper more of the Burmese python and the specified species. All four species were placed in clearly explained Reed and Rodda’s other large constrictor snakes into other the highest category of overall risk in (2009) method and compared that vulnerable areas of the United States. Reed and Rodda’s report (2009) method to Pyron et al.’s (2008) method Furthermore, we have the authority evaluating the risks of the nine for analyzing potential invasiveness for under the Act to list wild mammals, proposed species. the Burmese python. We mention a few wild birds, reptiles, amphibians, fish, of Rodda et al.’s (2011) findings here: mollusks, and crustaceans that are Need for the Final Rule • Pyron et al. (2008) incorrectly injurious even if they are not currently Under the Lacey Act, the Secretary of rejected many sites that are suitable for in trade or known to exist in the United the Interior is authorized to prescribe by Burmese python invasion because their States. Thus, we can be proactive and regulation those wild mammals, wild use of an excessive number of not wait until a species is already birds, fish, mollusks, crustaceans, parameters actually ended up acting as established. As noted in the National amphibians, reptiles, and the offspring filters. Using too many filters means that Invasive Species Management Plan or eggs of any of the foregoing that are too many sites that are truly at risk of (National Invasive Species Council injurious to human beings, to the python introduction get filtered out. 2008), ‘‘prevention is the first line of interests of agriculture, horticulture, or • Additionally, in the new paper the defense’’ and ‘‘can be the most cost- forestry, or to the wildlife or wildlife authors eliminated four data points of effective approach because once a resources of the United States, including blood pythons (a different species than species becomes widespread, the District of Columbia, the Burmese pythons) that Pyron et al. controlling it may require significant Commonwealth of Puerto Rico, or any (2008) used erroneously. This

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significantly changed the area that behavior or tolerance to cold is The Service and Everglades National Burmese pythons could invade, even genetically based, we would expect Park asked USGS to assess the risk of using the MaxEnt computer program as large constrictor snake populations to invasion of nine species of snakes to Pyron et al. (2008) used it. persist, rebound, and possibly increase assist in the Service’s determination of • Information theory suggests 10 their genetic fitness and temperature injuriousness. Of the nine large parameters as the appropriate number to tolerance as a result of natural selection constrictor snakes assessed by Reed and use in a study like this; the Pyron et al. pressures resulting from cold weather Rodda (2009) (Burmese python (which (2008) model, however, used 60. With conditions such as those that occurred the authors refer to as Indian python), this number the parameters essentially in south Florida in January 2010 (Dorcas reticulated python, Northern African become constraints, and skew the et al. 2011). python, Southern African python, boa accuracy of the data so that the resulting Two studies by scientists from several constrictor, yellow anaconda, model is not scientifically sound. DeSchauensee’s anaconda, green • research institutions, including the The new USGS paper highlights the University of Florida, studied the effects anaconda, and Beni anaconda), five statistical dangers inherent in of the 2010 winter cold weather on were shown to pose a high risk to the indiscriminately searching for Burmese pythons. In Mazzotti et al. health of the ecosystem, including the correlations among a large number of 2010, the authors noted that all Burmese python, Northern African possible parameters. populations of large-bodied pythons and python, Southern African python, • Factors other than climate may boa constrictors inhabiting areas with yellow anaconda, and boa constrictor. limit a species’ native distribution, cool winters, including northern The remaining four large constrictors— including the existence of predators, populations of Burmese pythons in their the reticulated python, green anaconda, diseases, and other local factors (such as native range, appeared to rely on use of Beni anaconda, and DeSchauensee’s major terrain barriers), which may not refugia (safe locations) to escape winter anaconda—were shown to pose a be present when a species is released in temperatures. Pythons can seek such medium risk. None of the large a new country. Therefore, the areas at refugia as underground burrows, deep constrictors that the USGS assessed was risk of invasion often span a climate classified as low overall risk. A rating of range greater than that extracted water in canals, or similar microhabitats to escape the cold temperatures. Those low overall risk is considered as mechanically from the native range acceptable risk and the organism(s) of boundaries, as was done by Pyron et al. snakes that survived in Florida were apparently able to maintain body little concern (ANSTF 1996). See Lacey (2008). Act Evaluation Criteria below for an The new paper does not change the temperatures using microhabitat features of the landscape (Mazzotti et al. explanation how USGS assessed risk. previous USGS risk assessment, or the There is a high probability that the 2010). Service’s interpretation of the USGS risk four large constrictors evaluated in this assessment, that Burmese pythons could Dorcas et al. (2011) studied the cold final rule, if released or escaped into the find suitable climatic conditions in tolerance of Burmese pythons taken wild, will establish populations within roughly a third of the United States. directly from the Everglades and placed their respective thermal and While we acknowledge that in enclosures in South Carolina. While precipitation limits due to common life- uncertainty exists, these tools also serve all of the snakes in this study died, the history traits that make them successful as a useful predictor to identify Service finds the risk to more temperate invaders. These traits include being vulnerable ecosystems at risk from regions still of concern and a listing of habitat generalists (able to utilize a wide injurious wildlife prior to the species this species as an injurious species is variety of habitats) that are tolerant of actually becoming established (Lodge et still warranted. The authors state that urbanization and capacity to hunt and al. 2006). Based on climate alone, many their results suggest that Burmese eat a wide range of size-appropriate species of large constrictors are likely to pythons from the population currently vertebrates (reptiles, mammals, birds, be limited to the warmest areas of the established in Florida are capable of amphibians, and fish; Reed and Rodda United States, including parts of withstanding conditions substantially 2009). These large constrictors are Florida, extreme south Texas, Hawaii, cooler that those typically experienced highly adaptable to new environments and insular territories. For a few in southern Florida, but may not be able and opportunistic in expanding their species, larger areas of the southern to survive severe winters in regions as geographic range. Furthermore, since United States appear to have suitable temperate as central South Carolina. they are a novel (new to the system) climatic conditions according to Reed They noted that some snakes currently predator at the top of the food chain, and Rodda’s (2009) climate-matching inhabiting Florida could survive typical they can threaten the stability of native method. winters in areas of the southeastern ecosystems by altering the ecosystem’s The record cold temperatures in United States more temperate than the form, function, and structure. South Florida during January of 2010 region currently inhabited by pythons. These four species are cryptically produced the coldest 12-day period The authors also noted that, if marked, which makes them difficult to since at least 1940, according to the thermoregulatory behavior is heritable, detect in the field, complicating efforts National Weather Service in Miami selection for appropriate to identify the range of populations or (NOAA 2010). A record low was set for thermoregulatory behavior will be deplete populations through visual 12 consecutive days with the strong as pythons expand their range searching and removal of individuals. temperature at or below 45 °F (7.2 °C) northward through the Florida There are currently no tools available in West Palm Beach and Naples. Other peninsula. Consequently, future that would appear adequate for minimum temperatures were broken in generations of pythons may be better eradication of an established population Moorehaven, tied in Fort Lauderdale, equipped to invade temperate regions of giant snakes once they have spread and the coldest in Miami since 1940. than those currently inhabiting southern over a large area. Therefore, preventing Despite the record cold, we know that Florida, particularly given the climate the introduction into the United States many pythons survived in Florida. flexibility exhibited by the Burmese and dispersal to new areas of these Large constrictors of several species python in its native range (as analyzed invasive species is of critical importance continue to be present and to breed in through USGS’ climate-matching to the health and welfare of native south Florida. If thermoregulatory predictions in the United States). wildlife.

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For the purposes of this rule, a hybrid forestry, or to the wildlife or wildlife Ft. Worth, Baltimore, Detroit, Chicago, is any progeny from any cross involving resources of the United States. The lists San Francisco, and Houston. From parents of one or more species from the of injurious wildlife species are found at there, many of the live snakes are four constrictor snakes evaluated in this 50 CFR 16.11–16.15. transported to animal dealers, who then rule. Such progeny are likely to possess In this final rule, we evaluated each transport the snakes to pet retailers. the same biological characteristics of the of the four species of constrictor snake Large constrictor snakes are also bred in parent species that, through our species individually and determined the United States and sold within the analysis, leads us to find that they are each species to be injurious. As of the country. injurious to humans and to wildlife and effective date of the listing, therefore, A typical pathway of a large wildlife resources of the United States. their importation into, or transportation constrictor snake includes a pet store. Anderson and Stebbins (1954) stated between, the States, the District of Often, a person will purchase a that hybrids may have caused the rapid Columbia, the Commonwealth of Puerto hatchling snake (0.55 meters (m) [(22 evolution of plants and animals under Rico, or any territory or possession of inches (in)]) at a pet store or reptile domestication, and that, in the presence the United States by any means show for as little as $25. The hatchling of new or greatly disturbed habitats, whatsoever is prohibited, except by grows rapidly, even when fed some hybrid derivates would have been permit for zoological, educational, conservatively, so a strong escape-proof at a selective advantage. Facon et al. medical, or scientific purposes (in enclosure is necessary. All snakes are (2005) stated that invasions may bring accordance with permit regulations at adept at escaping, and constrictors are into contact related taxa that have been 50 CFR 16.22), or by Federal agencies especially powerful when it comes to isolated for a long time. Facon et al. without a permit solely for their own breaking out of cages. In captivity, they (2005) also stated that hybridization use, upon filing a written declaration are most frequently fed pre-killed mice, between two invasive taxa has been with the District Director of Customs rats, rabbits, and chickens. A tub of documented, and that in all these cases, and the U.S. Fish and Wildlife Service fresh water is needed for the snake to hybrids outcompeted their parental Inspector at the port of entry. This rule drink and soak in. As the snake grows taxa. Ellstrand and Schierenbeck (2000) does not prohibit intrastate (within State too big for a tub in its enclosure, the concluded that dispersal of organisms boundaries) transport of the listed snake will need to soak in increasingly and habitat disturbance by humans both constrictor snake species. Any larger containers, such as a bathtub. act to accelerate the process of regulations pertaining to the transport or Under captive conditions, pythons will hybridization and increase the use of these species within a particular grow very fast. After 1 year, a python opportunities for hybrid lineages to take State will continue to be the may be 2 m (7 ft) and after 5 years it hold. responsibility of that State. could be 7.6 m (25 ft), depending on Furthermore, snakes in general have We used the Lacey Act Evaluation how often it is fed and other aspects of been found to harbor ticks (such as the Criteria as a guide to evaluate whether husbandry. A Burmese python, for nonnative African tortoise tick) that a species does or does not qualify as example, will grow to more than 6 m (20 cause heartwater disease (from the injurious under the Act. The analysis ft) long, weigh 90 kilograms (kg; 200 bacterium Cowdria ruminantium). developed using the criteria serves as a pounds (lbs)), live more than 25 years, Heartwater disease, although harmless basis for the Service’s regulatory and must be fed rabbits and the like. to its reptilian hosts, can be fatal to decision regarding injurious wildlife Owning a giant snake is a difficult, livestock and related wild hoofed species listings. A species does not have long-term, and somewhat expensive mammals, such as white-tailed deer. to be established, currently imported, or responsibility. This is one reason that According to the USDA (March 2000), present in the wild in the United States some snakes are released by their ‘‘Heartwater disease is an acute, for the Service to list it as injurious. The owners into the wild when they can no infectious disease of ruminants, objective of such a listing would be to longer care for them. Other snakes may including cattle, sheep, goats, white- prevent that species’ importation and escape from inadequate enclosures. This tailed deer, and antelope. This disease likely establishment in the wild, thereby is a common pathway for large has a 60 percent or greater mortality rate preventing injurious effects consistent constrictor snakes to enter the in livestock and a 90 percent or greater with 18 U.S.C. 42. ecosystem (Fujisaki et al. 2009). The trade in constrictor snakes is mortality rate in white-tailed deer.’’ The Introduction Pathways for Large international as well as domestic. From ticks have been found in Florida. Constrictor Snakes Agricultural agencies are trying to stop 1999 to 2010, more than 1.9 million live the spread of the ticks as a way of For the four constrictor snakes constrictor snakes of 12 species were stopping the deadly disease. This rule analyzed in this final rule, the primary imported into the United States (U.S. will help to stop the spread into and pathway for the entry into the United Fish and Wildlife Service 2011). Besides around the United States of the ticks States is the commercial pet trade. In the species proposed for listing, these and other disease vectors that may be the last few decades, most introductions included ball python (Python regius), a carried by these four species of of large constrictor snakes have been blood python (P. curtus), another blood nonnative constrictor snakes. associated with the international trade python (P. brongersmai), Borneo python in reptiles as pets. This trade includes (P. breitensteini), Timor python (P. Listing Process wild-caught snakes, captive-bred, or timoriensis), and Angolan python (P. The regulations contained in 50 CFR captive-hatched juveniles from areas anchietae), none of which have been part 16 implement the Act. Under the within their native countries. In their proposed for listing as injurious. From terms of the Act, the Secretary of the native ranges, a species may be captured 1999 to 2010, approximately 96,000 Interior is authorized to prescribe by in the wild and directly exported to the large constrictor snakes of four species regulation those wild mammals, wild United States or other destination listed by this rule were imported into birds, fish, mollusks, crustaceans, country, or wild-caught snakes may be the United States (Service’s final amphibians, reptiles, and the offspring kept in the country of origin to breed for economic analysis 2012). Of all the or eggs of any of the foregoing that are export of subsequent generations. The constrictor snake species imported into injurious to human beings, to the main ports of entry for constrictor the United States, the selection of nine interests of agriculture, horticulture, or snakes are Miami, Los Angeles, Dallas- constrictor snakes for evaluation as

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injurious wildlife in the proposed rule other problems associated with small closely matches that of their original was based on concern over the giant size population sizes. This is likely the case range. Species that have a large range of these particular snakes combined at Everglades National Park, where the over several climatic zones are with their quantity in international core nonnative Burmese python predicted to be strong future invaders. trade or their potential for trade. The population in Florida is now located. The suitability of a country’s climate for world’s four largest species of snakes Therefore, allowing unregulated the establishment of a species can be (Burmese python, Northern African importation and interstate transport of quantified on a broad scale by python, reticulated python, and green these nonnative species will increase measuring the climate match between anaconda) were selected, as well as the risk of these new species becoming that country and the geographic range of similar and closely related species and established through increased a species. Climate matching only sets the boa constrictor. These large opportunities for release. The release of the broad parameters for determining if constrictor snakes constitute a high risk large constrictor snakes at different an area is suitable for a nonnative large of injuriousness in relation to those taxa times and locations improves the constrictor snake to establish. These with lower trade volumes; are massive, chance of their successful three factors have all been consistently with maximum lengths exceeding 6 m establishment. demonstrated to increase the chances of (20 ft; except for boas up to 4 m (13 ft)); Released snakes may be single snakes establishment by all invasive vertebrate and have a high likelihood of that eventually find other snakes of the taxa, including the four large constrictor establishment in various habitats of the same or opposite sex. As a first step in snakes in this final rule (Bomford 2008, United States. The Southern African understanding the ecology of these 2009). python and yellow anaconda exhibit snakes and their potential impact on the However, as stated above, a species many of the same biological Everglades ecosystem, the National Park does not have to be established, characteristics associated with a risk of Service began tracking pythons using currently imported, or present in the establishment and negative effects in the radio-telemetry in the fall of 2005. The wild in the United States for the Service United States. radio-tagged pythons have since to determine that it is injurious. The The strongest factor influencing the demonstrated that female pythons make objective of such a listing is to prevent chances of these large constrictors few long-distance movements that species’ importation and likely establishing in the wild are the number throughout the year, while males roam establishment in the wild, thereby of release events and the numbers of widely in search of females during the preventing injurious effects consistent individuals released (Bomford et al. breeding season (December–April). with 18 U.S.C. 42. 2009; 2005). A release event is when a These results indicate an ability to move Species Information nonnative species is either intentionally long distances in search of prey and or unintentionally let loose in the wild. mates. Pythons have a ‘‘homing’’ ability: Burmese Python (Python molurus, With a sufficient number of either after being released far from where they Including Indian Python) intentional or unintentional release were captured, they returned long Native Range events, these species will likely become distances (up to 78 kilometers (km); 48 established in ecosystems with suitable miles (mi)) in only a few months. These Before laying out the native range of conditions for survival and findings suggest that pythons searching the Burmese python, we need to clarify reproduction. For nonnative species to for a suitable home range have the our position on the taxonomy and cause economic or ecological harm, they potential to colonize areas far from nomenclature of this species. The must first be transported out of their where they were released (Snow 2008; taxonomy has been debated for almost native range and released within a novel Harvey et al. 2008). 100 years, some scientists arguing for locality, establish a self-sustaining A second factor that is strongly and full species status for the Burmese population in this new location, and consistently associated with the success python and some placing it as a expand their geographical range beyond of an invasive species’ establishment is subspecies of the Indian python. Reed the point of initial establishment. a history of the species successfully and Rodda (2009) stated that, at times, Releases of large numbers of individuals establishing elsewhere outside its native Python molurus has been divided into should enable the incipient (newly range. Burmese pythons have already subspecies recognizable primarily by forming), nonnative population to become established in the United States color. Please see our response to Peer withstand the inevitable decreases in (see Current Nonnative Occurrences for Review comment 3 (PR3) below for a survival or reproduction caused by the Burmese python below). Therefore, we detailed explanation of the taxonomic environment or demographic accidents. know that Burmese pythons can become debate and our rationale for using The release of many individuals into established outside of their native range. Python molurus to include Burmese and one location essentially functions as a The Northern African python is Indian pythons. For the reasons stated source pool of immigrants, thus established west of Miami, Florida, in in that response, we have no basis to sustaining an incipient population even the vicinity known as the Bird Drive assume that the ecological behavior of if the initial release was of insufficient Basin Recharge Area (see Current Burmese python P. m. bivittatus is size (or badly timed) to facilitate long- Nonnative Occurrences for Northern independent of that of Indian python P. term establishment. Natural disasters, African python below). Therefore, we m. molurus. Furthermore, even a such as Hurricane Andrew in 1992, may know that Northern African pythons can finding of ecological independence of P. have provided a mechanism for the also establish outside of their native m. bivittatus would not appreciably accidental release of snakes, especially range. alter either the likelihood of its in light of large numbers of juvenile A third factor strongly associated with establishment in the United States or pythons frequently held by breeders and establishment success is having a good the cold tolerance of the whole species importers prior to sale and distribution climate or habitat match between where Python molurus, which was the taxon (Willson et al. 2010). the species naturally occurs and where analyzed in the risk assessment (Reed Large or consistent releases of it is introduced. Exotic (nonnative) and Rodda 2009; G. Rodda, pers. comm. individuals into one location should reptiles and amphibians have a greater 2009). Therefore, for the purposes of enable the incipient population to chance of establishing if they are this rulemaking, the Service has overcome behavioral limitations or introduced to an area with a climate that determined that the Burmese python

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should be able to survive in relatively copulate with males to fertilize their frigate birds, great blue herons, langurs, similar conditions as the Indian python. eggs. Instead, a female apparently can and flying foxes; a leopard has even The nomenclature of Python molurus fertilize her own eggs with her own been reported as prey (Reed and Rodda varies somewhat as well. The most genetic material, though it is not known 2009). To accommodate the large size of widely used common name for the how often this occurs in the wild. prey, Burmese pythons have the ability entire species P. molurus is Indian Several studies of captives reported to grow stomach tissue quickly to digest python, with P. molurus bivittatus viable eggs from females kept for many a large meal (Reed and Rodda 2009). routinely distinguished as the Burmese years in isolation (Reed and Rodda The methods of predation used by the python. Other common names include 2009). Burmese python (whether sit-and-wait Indian rock python, Asian rock python, Like all pythons, the Burmese python or actively hunting, or whether diurnal and rock python. Because the pet trade is oviparous (lays eggs). In a sample of or nocturnal), as well as the other three is composed almost entirely of P. m. eight clutches discovered in southern species of large constrictor snakes in bivittatus, most popular references Florida (one nest and seven gravid this final rule, work as well in their simply use Burmese python. In females), the average clutch size was 36 native ranges as in the United States. addition, the subspecies Python m. eggs, but pythons have been known to Ectoparasites (including ticks of the molurus is listed as endangered in its lay as many as 107 eggs in one clutch. genus Amblyomma) were collected from native lands under the Endangered Adult females from recent captures in wild-caught, free-ranging exotic reptiles Species Act of 1973, as amended (16 Everglades National Park have been examined in Florida from 2003 to 2008 U.S.C. 1531 et seq.) under the common found to be carrying more than 85 eggs (Corn et al. 2011). This was the first name of Indian python. Python m. (Harvey et al. 2008). report of collections of neotropical ticks molurus is also listed by the Convention The Burmese python is one of the from wild-caught Burmese pythons. on International Trade in Endangered largest snakes in the world, considering From limited wild-caught, free-ranging Species of Wild Fauna and Flora overall mass and length; it reaches exotic reptiles in Florida (including ball (CITES) under Appendix I (which ‘‘lists lengths of up to 7 m (23 ft) and weights and Burmese pythons), ticks and mites species that are the most endangered of over 90 kg (almost 200 lbs). were native to North America, Latin among CITES-listed animals and Hatchlings range in length from 50 to 80 America, and Africa from reptiles native plants’’) but uses no common name. centimeters (cm) (19 to 31 inches (in)) to Asia, Africa, and Central and South Except for Python m. molurus, which, as and can more than double in size within America. This study suggests the just stated, is listed in Appendix I, all the first year (Harvey et al. 2008). As diversity of reptile ectoparasites species and subspecies of Pythonidae with all snakes, pythons grow introduced and established in Florida are listed in CITES Appendix II (which throughout their lives (Reed and Rodda and the new host-parasite relationships ‘‘lists species that are not necessarily 2009). Reed and Rodda (2009) cite that have developed among exotic and now threatened with extinction but that Bowler (1977) for two records of captive native ectoparasites and established may become so unless trade is closely Burmese pythons living more than 28 exotic reptiles. Several studies (Burridge controlled’’). This rule lists all members years (up to 34 years, 2 months for one et al. 2000, Kenny et al. 2004, Reeves et of Python molurus as injurious under snake that was already an adult when al. 2006) have shown disease agents in the Lacey Act. However, hereafter in acquired). the ticks that travel internationally on Like all of the large constrictors, this rule, we refer to the species as a reptiles, which may serve in the Burmese pythons are extremely cryptic whole under the common name of introduction of disease agents that could in coloration. They are silent hunters Burmese python (unless specifically impact the health of local wildlife, that lie in wait along pathways used by noted as Indian), because of its domestic animals, and humans (Corn et their prey and then ambush them; they occurrence in trade. al. 2011). Python molurus ranges widely over kill by wrapping their muscular bodies southern and southeastern Asia (Reed around their victims, squeezing tighter Northern African Python (Python sebae) and Rodda 2009). In its native range, the as the prey exhales until the victims Native Range Burmese python occurs in virtually suffocate. The snakes blend into their every habitat from lowland tropical surroundings so well that observers Python sebae and Python natalensis rainforest (Indonesia and southeastern have released marked snakes for are closely related, large-bodied pythons Asia) to thorn-scrub desert (Pakistan) research purposes and lost sight of them of similar appearance found in sub- and grasslands (Sumbawa, India) to 5 feet away (A. Roybal, pers. comm. Saharan Africa (Reed and Rodda 2009). warm, temperate, montane forests 2010). The most common English name for this (Nepal and China) (Reed and Rodda With only a few reported exceptions, species complex has been African rock 2009). This species inhabits an Burmese pythons eat a wide variety of python. After P. sebae was split from P. extraordinary range of climates, terrestrial vertebrates (lizards, frogs, natalensis, some authors added including both temperate and tropical, crocodilians, snakes, birds, and ‘‘Northern’’ or ‘‘Southern’’ as a prefix to as well as both very wet and very dry mammals). All constrictor snake species this common name. Reed and Rodda environments (Reed and Rodda 2009). (especially the smaller-sized (2009) adopted Broadley’s (1999) individuals) are capable of climbing recommendations and refer to these Biology trees to access roosting birds and bats. snakes as the Northern and Southern The Burmese python’s life history is Many birds nest or feed on the ground, African pythons; hereafter, we refer to fairly representative of large constrictors and these are easy prey for constrictor them as Northern and Southern African because juveniles are relatively small snakes. Special attention has been paid pythons, or occasionally as African when they hatch, but nevertheless are to the large maximum size of prey taken pythons or African rock pythons. independent from birth, grow rapidly, from python stomachs, both in their Northern African pythons range from and mature in a few years. Mature males native range in Asia and in the United the coasts of Kenya and Tanzania across search for mates, and the females wait States. The most well-known large prey much of central Africa to Mali and for males to find them during the mating items include alligators, antelopes, dogs, Mauritania, as well as north to Ethiopia season, then lay eggs to repeat the cycle. deer, jackals, goats, porcupines, wild and perhaps Eritrea; in arid zones, their Female Burmese pythons do not need to boars, pangolins, bobcats, pea fowl, range is apparently limited to the

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vicinity of permanent water (Reed and Distribution of the species overlaps of yellow anaconda offspring usually Rodda 2009). In Nigeria, Northern somewhat with Northern African range from 10 to 37, with a known African pythons are reported from pythons, although the southern species maximum of 56. In captivity, yellow suburban, forest, pond and stream, and tends to inhabit higher elevations in anacondas have lived for more than 20 swamp habitats, including extensive use regions where both species occur (Reed years. These anacondas are considerably of Nigerian mangrove habitats. In the and Rodda 2009). smaller than the closely related green arid northern parts of its range, Biology anaconda. Female yellow anacondas Northern African pythons appear to be from Argentina measured a maximum limited to wetlands, including the Python sebae and Python natalensis length of 3.8 m (12.5 ft) and maximum headwaters of the Nile, isolated are closely related, large-bodied pythons weight of 29 kg (69.9 lbs); males reached of similar appearance. In fact, wetlands in the Sahel of Mauritania and 2.93 m (9.6 ft) and 10.5 kg (23.1 lbs) taxonomists have lumped and split the Senegal, and the Shabelle and Jubba (Reed and Rodda 2009). The largest species together several times since Rivers of Somalia (Reed and Rodda yellow anacondas found in the wild Python natalensis was described (Reed 2009). The Northern African python were about 4 m (13.1 ft). They have been inhabits regions with some of the and Rodda 2009); see ‘‘Native Range’’ section above under ‘‘Northern African reported to exceed those measurements highest mean monthly air temperatures in captivity. identified for any of the large Python (Python sebae)’’ for further constrictors, with means of greater than explanation of the nomenclature. Yellow anacondas appear to be 35 °C (95 °F) in arid northern localities Little is known about Southern generalist predators (able to prey on a (Reed and Rodda 2009). African pythons, although we know that wide variety of vertebrates). The they are oviparous. As with most of the anacondas in general, including this Biology large constrictors, adult African pythons species, exhibit among the broadest diet Northern African pythons are primarily eat endothermic prey from a range of any snake, including primarily ambush foragers, lying in wait wide variety of taxa. The Southern ectotherms (cold-blooded animals: African pythons consume a variety of for prey in burrows, along animal trails, lizards, crocodilians, turtles, snakes, prey types that includes those listed for and in water. Northern African pythons fish) and endotherms (birds, mammals). Northern African pythons. are oviparous. Branch (1988) reports Summary of the Presence of the Four that an ‘‘average’’ female of 3 to 4 m (10 Yellow Anaconda (Eunectes notaeus) Constrictor Snakes in the United States to 13 ft) total length would be expected Native Range to lay 30 to 40 eggs, while others report Of the four constrictor snake species an average clutch of 46 eggs, individual The yellow anaconda (Eunectes that we are listing as injurious, three clutches from 20 to ‘‘about 100,’’ and notaeus) has a larger distribution in have been reported in the wild in the clutch size increasing correspondingly subtropical and temperate areas of United States and two have been in relation to the body length of the South America than the DeSchauensee’s confirmed as reproducing in the wild in anaconda and has received more female (Pope 1961). In captivity, the United States (see Current scientific attention. The yellow Northern African pythons have lived for Nonnative Occurrences below); three anaconda appears to be restricted to 27 years (Snider and Bowler 1992). As have been imported commercially into with most of the large constrictors, adult swampy, seasonally flooded, or riverine habitats throughout its range. The the United States during the period African pythons primarily eat 1999 to 2010 (Table 1). Species endothermic (warm-blooded) prey primarily nocturnal anaconda species tends to spend most of its life in or ‘‘reported in the wild’’ are ones that (mammals and birds) from a wide have been found in the wild but without variety of taxa. African pythons have around water. The yellow anaconda exhibits a fairly temperate climate proof to date that they have reproduced consumed such animals as goats, dogs, in the wild. The greatest opportunity for and domestic turkeys. range, including localities with cold- season monthly mean temperatures preventing a species from becoming Southern African Python (Python around 10 °C (50 °F) and no localities injurious is to stop a species from natalensis) with monthly means exceeding 30 °C entering the wild; the second greatest ° opportunity is before a species becomes Native Range (86 F) in the warm season (Reed and Rodda 2009). established in the wild (reported but not The Southern African python is found reproducing); and the smallest from Kenya southwest to Angola and Biology opportunity is when a species has south through parts of Namibia and The yellow anaconda bears live young become established (reproducing in the much of eastern South Africa. (ovoviviparous). The recorded number wild).

TABLE 1—FOUR SPECIES OF LARGE CONSTRICTOR SNAKES AND WHETHER THEY HAVE BEEN REPORTED IN THE WILD IN THE UNITED STATES, ARE KNOWN TO BE REPRODUCING IN THE WILD IN THE UNITED STATES, OR HAVE BEEN IM- PORTED FOR TRADE (1999 TO 2010)

Reported in the Reproducing in the Imported into U.S. Species wild in U.S.? wild in U.S.? for trade?*

Burmese python ...... Yes ...... Yes ...... Yes. Northern African python ...... Yes ...... Yes *** ...... Yes. Southern African python ...... No ...... No ...... Unknown.** Yellow anaconda ...... Yes ...... No ...... Yes. * Data from Law Enforcement Management Information System (LEMIS; USFWS 2011). ** It is possible that this species has been imported into the United States incorrectly identified as one of the other species listed by this rule; however none have been reported. *** Reed et al. 2010.

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Lacey Act Evaluation Criteria The ANSTF (1996) procedure medium or low (that is, high > medium We use the criteria below to evaluate incorporates four factors associated with > low). High-risk species include the whether a species does or does not probability of establishment and three four species being designated as qualify as injurious under the Lacey factors associated with consequences of injurious by this rulemaking: Burmese Act, 18 U.S.C. 42. The analysis that is establishment, with the combination of pythons, Northern and Southern African developed using these criteria serves as these factors resulting in an overall pythons, and yellow anacondas. High- a general basis for the Service’s Organism Risk Potential (ORP) for each risk species, if established in this regulatory decision regarding injurious species. For the four constrictor snakes, country, would put larger portions of wildlife species listings (not just for the the risk of establishment was high. the U.S. mainland and insular territories For the four constrictor snakes, the four snake species being listed by this at risk, constitute a greater ecological consequences of establishment range final rule). Biologists within the Service threat, or are more common in trade and from medium (yellow anaconda) to high who are knowledgeable about a species commerce. (Burmese python, Northern African being evaluated assess both the factors python, and Southern African python). Factors That Contribute to that contribute to and the factors that The overall ORP, which is derived from Injuriousness for Burmese Python reduce the likelihood of injuriousness. an algorithm of both probability of (1) Factors that contribute to being Current Nonnative Occurrences establishment and consequences of considered injurious: establishment, was found to be high for The Burmese python has been • The likelihood of release or escape; captured in many areas in Florida (see • all four species. Potential to survive, become Figure 5 in the final environmental established, and spread; Certainties were highly variable • within each of the seven elements or assessment). In South Florida, more Impacts on wildlife resources or than 1,300 live and dead Burmese ecosystems through hybridization and factors of the risk assessment mentioned above, varying from very uncertain to pythons, including gravid females, have competition for food and habitats, been removed from in and around habitat degradation and destruction, very certain. In general, the highest certainties were associated with species Everglades National Park in the last 11 predation, and pathogen transfer; years by authorized agents, park staff, • Impact to threatened and unequivocally established in Florida (such as Burmese python and Northern and park partners, indicating that they endangered species and their habitats; are already established (National Park • Impacts to human beings, forestry, African python) because of enhanced Service 2010). In the Commonwealth of horticulture, and agriculture; and ecological information on these species • Wildlife or habitat damages that from studies in both their native range Puerto Rico, the Burmese python has may occur from control measures. and in Florida. The way in which these been collected or reported (eight (2) Factors that reduce the likelihood subscores are obtained and combined is individuals collected, including a 3-m of the species being considered as set forth in an algorithm created by the (10-ft) albino) from the municipality of injurious: ANSTF (Table 2). Adjuntas, the northern region of the • Ability to prevent escape and island (Arecibo), the eastern region of establishment; TABLE 2—THE ALGORITHM THAT THE the island (Humacao), and southeastern • Potential to eradicate or manage ANSTF (1996) DEFINED FOR COM- region of the island (Guayama) (A. established populations (for example, BINING THE TWO PRIMARY SUB- Atienza, pers. comm. 2010; J. Saliva, pers. comm. 2009; USGS 2007). making organisms sterile); SCORES • Ability to rehabilitate disturbed Newspaper accounts from 1980 to ecosystems; [Reed and Rodda 2009]. 2010 report that numerous Burmese • Ability to prevent or control the pythons have escaped captivity or were spread of pathogens or parasites; and Probability of Con- Organism spotted in the wild in the following • sequences of Risk Potential Any potential ecological benefits to establishment establishment (ORP) States (HSUS 2009; 2010): Arkansas, introduction. California, Georgia, Idaho, Illinois, To obtain some of the information for High ...... High ...... High. Louisiana, Maryland, Michigan, the above criteria, we referred to Reed Medium ...... High ...... High. Mississippi, Missouri, Montana, New and Rodda (2009). Reed and Rodda Low ...... High ...... Medium. York, North Carolina, Ohio, (2009) developed the Organism Risk High ...... Medium ...... High. Medium ...... Medium ...... Medium. Pennsylvania, Rhode Island, Tennessee, Potential scores for each species using a Low ...... Medium ...... Medium. Utah, and Virginia. This illustrates that widely utilized risk assessment High ...... Low ...... Medium. the potential for release or escape is not procedure that was published by the Medium ...... Low ...... Medium. confined to Florida and Puerto Rico but Aquatic Nuisance Species Task Force, Low ...... Low ...... Low. could occur in many States. See the called ‘‘Generic nonindigenous aquatic section ‘‘Introduction Pathways for organisms risk analysis review process Similar algorithms are used for Large Constrictor Snakes’’ for the (for estimating risk associated with the deriving the primary subscores from the explanation of how release events are introduction of nonindigenous aquatic secondary subscores. However, the relevant to the potential establishment organisms and how to manage that scores are fundamentally qualitative, in of Burmese pythons. risk)’’ (ANSTF 1996). The Aquatic the sense that there is no unequivocal Nuisance Species Task Force was threshold that is given in advance to Potential Introduction and Spread created under the Nonindigenous determine when a given risk passes The likelihood of release or escape Aquatic Nuisance Prevention and from being low to medium, and so forth. from captivity of Burmese python is Control Act of 1990 (NANPCA). Therefore, we viewed the process as one high as evidenced by the number of Congress enacted NANPCA to provide a of providing relative ranks for each reports from Florida and Puerto Rico way for government agencies to develop species. Thus, a high ORP score (National Park Service 2010; J. Saliva, a national program to reduce the risk of indicates that such a species would pers. comm. 2009; HSUS 2010; USGS unintentional introductions, ensure likely entail greater consequences or 2007). When Burmese pythons escape prompt detection and response, and greater probability of establishment than captivity or are released into the wild, control established species. would a species whose ORP was many have survived and are likely to

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continue to survive and become up to 90 kg (200 lbs). This is longer than precarious (U.S. Fish and Wildlife established with or without any native terrestrial predator Service 2008); this means that a new reproducing. For example, in the past 11 (including bears) in the United States predator that has been confirmed to years, more than 1,300 Burmese pythons and its territories and heavier than most prey on the endangered woodrats is a have been removed from just Everglades native predators (including black bears). serious threat to the continued existence National Park and vicinity (National Burmese pythons can be so large that of the species. Dove et al. (2011) found Park Service 2010), and others have they can prey on alligators, which are 25 species of birds representing 9 avian been captured from other natural areas among the largest native predators in orders from remains in digestive tracts on the west side of South Florida, the the Southeast (Harvey et al. 2008, Reed of 85 Burmese pythons (Python molurus Florida Keys (Higgins, pers. comm. and Rodda 2009, National Geographic bivittatus) collected in Everglades 2009), and farther north on the 2006). National Park; this included the peninsula, including Sarasota and In comparison with the Burmese federally endangered wood stork and 4 Indian River County (M. Lowman, pers. python, the largest snake native to the species of State concern. comm. 2009; B. Dangerfield, pers. continental United States is much The United States, particularly the comm. 2010). smaller. The largest native snake is the Southeast, has a diverse faunal Moreover, released Burmese pythons indigo snake (Drymarchon corais), community that is potentially would likely disperse to areas of the attaining a maximum length of about 2.5 vulnerable to predation by the Burmese United States with a suitable climate. m (8 ft) (Monroe and Monroe 1968). The python. Juveniles of these large See ‘‘Introduction Pathways for Large endangered Puerto Rican boa’s constrictors will climb trees and rocks Constrictor Snakes’’ section above for (Epicrates inornatus) maximum size is to remove prey from bird nests and the explanation of how the snakes approximately 2 m (6.5 ft) (U.S. Fish capture perching or sleeping birds. Most would spread. These areas were and Wildlife Service 1986). A of the South has suitable climate and determined in the risk assessment (Reed subspecies of the indigo snake is the habitat for Burmese pythons. The and Rodda 2009) for all four constrictor eastern indigo snake (D. corais couperi), greatest biological impact of an snakes by comparing the type of climate which grows to a similar maximum introduced predator, such as the the species inhabited in their native length. The eastern indigo snake Burmese python, is the likely loss of ranges to areas of similar climate in the inhabits Georgia and Florida and is imperiled native species. Based on the United States (climate matching). Due to listed as federally threatened by the food habits and habitat preferences of the wide rainfall tolerance and Service. the Burmese python in its native range, extensive semi-temperate range of Unlike prey species in the Burmese the species is likely to invade the Burmese python, large areas of the python’s native range, none of our habitat, prey on, and further threaten southern United States mainland appear native species has evolved defenses to most of the federally threatened or to have a climate suitable for survival of avoid predation by such a large snake. endangered fauna in climate-suitable this species. Areas of the United States Thus, native wildlife anywhere in the areas of the United States. that are climatically matched at present United States would be very likely to Burmese pythons are also likely to include along the coasts and across the fall prey to Burmese pythons (or any of decrease the populations of numerous south from Delaware to Oregon, as well the other six constrictor snakes). At all potential candidates for Federal as most of California, Texas, Oklahoma, life stages, Burmese pythons can and protection by hunting and eating them. Arkansas, Louisiana, Mississippi, will compete for food with native Candidate species are plants and Alabama, Florida, Georgia, and South species; in other words, baby pythons animals for which the Service has and North Carolina. In addition to these will eat small prey, and the size of their sufficient information on their areas of the U.S. mainland, the prey will increase as they grow. Based biological status and threats to propose territories of Guam, Northern Mariana on an analysis of their diets in Florida, them as endangered or threatened under Islands, American Samoa, Virgin Burmese pythons, once they are the Endangered Species Act, but for Islands, and Puerto Rico appear to have introduced and established, may which development of a proposed suitable climates. Areas of the State of outcompete native predators (such as listing regulation is precluded by other Hawaii with elevations under about the federally listed Florida panther, higher priority listing activities. 2,500 m (8,202 ft) would also appear to eastern indigo snake, native boas, The final environmental assessment be climatically suitable. Burmese hawks), feeding on the same prey and includes lists of species that are pythons are highly likely to spread and thereby reducing the supply of prey for federally or State threatened or become established in the wild due to the native predators. endangered in some climate-suitable common traits shared by the giant Burmese pythons are generalist States and territories: Florida, Hawaii, constrictors: Rapid growth to a large size predators that consume a wide variety Guam, Puerto Rico, and the Virgin with production of many offspring; of mammal and bird species, as well as Islands. Other States have federally or ability to survive under a range of reptiles, amphibians, and occasionally State threatened or endangered species habitat types and conditions (habitat fish. This constrictor can easily adapt to that would be suitable prey for large generalist); behaviors that allow escape prey on novel wildlife (species that they constrictor snakes, including the from freezing temperatures; ability to are not familiar with), and they need no Burmese python. These lists include adapt to live in urban and suburban special adaptations to hunt, capture, only the species of the sizes and types areas; ability to disperse long distances and consume them. Pythons in Florida that would be expected to be directly (Harvey et al. 2008); and tendency to be have consumed prey as large as white- affected by predation by Burmese well-concealed ambush predators. tailed deer and adult American pythons and the other large constrictors. alligators. Three federally endangered For example, plants and marine species Potential Impacts to Native Species Key Largo woodrats (Neotoma floridana are excluded. In Florida, 14 bird (Including Threatened and Endangered smalli) were eaten by a Burmese python species, 15 mammals, and 2 reptiles that Species) in the wild in the Florida Keys in 2007. are threatened or endangered could be As discussed above under Biology, the The extremely small number of preyed upon by Burmese pythons or be Burmese python grows to lengths remaining Key Largo woodrats suggests outcompeted by them for prey. Hawaii greater than 7 m (23 ft) and can weigh that the current status of the species is has 34 bird species and 1 mammal that

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are threatened or endangered that would Python molurus bivittatus (Burmese reptiles, which may serve in the be at risk of predation. Puerto Rico has python), which was the taxon originally introduction of disease agents that could eight bird species and eight reptile petitioned for listing by the South impact the health of local wildlife, species that are threatened or Florida Water Management District. We domestic animals, and humans (Corn et endangered that would be at risk of determined that the species should be al. 2011). A potentially devastating predation. The Virgin Islands has one listed. As stated above under ‘‘Native impact to the nation’s agriculture could bird species and three reptiles that are Range,’’ the cold tolerance for both occur if the deadly cattle disease threatened or endangered that would be subspecies is similar, so the climate heartwater or some other tick-borne at risk of predation. Guam has six bird match (one of the evaluation criteria) disease were to become established in species and two mammals that are determined in Reed and Rodda (2009) the United States and be transmissible threatened or endangered that would be (also G. Rodda, pers. comm. 2009) is as through reptile ticks (Reed and Rodda at risk of predation. applicable to each subspecies as it is to 2009). African tick species that use Due to the wide rainfall tolerance and the species as a whole. pythons as hosts may be vectors of extensive semi-temperate native range Potential Impacts to Humans heartwater, and these ticks have been of P. molurus, large areas of the observed to transfer to other hosts, southern U.S. mainland appear to have The introduction or establishment of including other giant constrictors, other a climate suitable for survival of this Burmese pythons may have negative reptiles, and dogs. Because multiple species. Please refer to the Final impacts on humans primarily from the python species are held captive together Environmental Assessment for the loss of native wildlife biodiversity, as in the commercial trade, such climate suitability maps for each large discussed above. These losses would transmission provides opportunities to constrictor snake species. U.S. areas affect the aesthetic, recreational, occur prior to retail sales (Reed and climatically matched at present ranged educational, and economic values Rodda 2009). up the east and west coasts and across currently provided by native wildlife the interior south from Virginia to and healthy ecosystems. Factors That Reduce or Remove California, and throughout most of Human fatalities from nonvenomous Injuriousness for Burmese Python California, Texas, Oklahoma, Arkansas, snakes in the wild are rare, probably Control Louisiana, Mississippi, Alabama, only a few per year worldwide (Reed Florida, Georgia, and South and North and Rodda 2009). Although attacks on No effective tools are currently Carolina. In addition to the mapped people by Burmese pythons are available to detect and remove large areas of the United States mainland, the improbable, they are possible given the constrictor populations. Traps with drift territories of Guam, Northern Mariana large size that some individual snakes fences or barriers are the best option, Islands, American Samoa, Virgin can reach. However, the only human but their use on a large scale is Islands, and Puerto Rico appear to have deaths in the United States from prohibitively expensive, largely because suitable climate. Areas of the State of Burmese pythons that we are aware of of the labor cost of baiting, checking, Hawaii with elevations under about were from captive snakes (in Colorado, and maintaining the traps daily. 2,500 m (8,202 ft) also appear to be Florida, Missouri, and Pennsylvania; Additionally, some areas cannot be climatically suitable. While we did not HSUS 2010). effectively trapped due to the expanse of itemize the federally threatened and Ectoparasites (including ticks in the the area and type of terrain, the endangered species from California, genus Amblyomma) were collected from distribution of the target species, and Texas, and other States, there are likely wild-caught, free-ranging exotic reptiles the effects on any nontarget species (that several hundred species in those and examined in Florida from 2003 to 2008 is, they trap native wildlife as well). other States that would be at risk from (Corn et al. 2011). This was the first While the Department of the Interior, Burmese pythons. According to the report of collections of Neotropical ticks the U.S. Department of Agriculture’s climate suitability maps (Reed and from wild-caught Burmese pythons, (USDA) Animal and Plant Health Rodda 2009), threatened and Python molurus bivittatus. The only Inspection Service (APHIS), and State of endangered species from all of Florida, known vectors capable of transmitting Florida entities have conducted some most of Hawaii, and all of Puerto Rico Cowdria ruminantium (which causes research on control tools, there are would be at risk from the establishment heartwater disease) are 13 species of currently no such tools available that of Burmese pythons. In addition, Guam, ticks in the genus Amblyomma (Deem would be adequate for eradication of an the U.S. Virgin Islands, and other 1998). Heartwater disease is a established population of large territories would have suitable habitat devastating disease of livestock constrictor snakes, such as the Burmese and climate to support Burmese (including cattle, sheep, and goats) in python, once they have spread over a pythons, and these also have federally Africa (Deem 1998). From limited wild- large area. threatened and endangered species that caught, free-ranging exotic reptiles in Efforts to eradicate the Burmese would be at risk if Burmese pythons Florida (including ball and Burmese python in Florida have become became established. pythons), ticks and mites were native to increasingly intense as the species is The likelihood and magnitude of the North America, Latin America, and reported in new locations across the effect on threatened and endangered Africa from reptiles native to Asia, State with ‘‘python catch’’ training species is high. Burmese pythons are Africa, and Central and South America. sessions scheduled in locations thus highly likely to negatively affect These reports suggest the diversity of necessary to keep the expansion to a threatened and endangered birds and reptile ectoparasites introduced and minimum. Natural resource mammals, as well as unlisted native established in Florida and the new host- management agencies are expending species. Consistent with the language of parasite relationships that have scarce resources to devise methods to the Lacey Act authorizing the listing of developed among exotic and native capture or otherwise control any large ‘‘species’’ and with prior administrative ectoparasites and established exotic constrictor snake species. These practice of listing only species or higher reptiles. Several studies (Burridge et al. agencies recognize that control of large taxonomic units, we evaluated the 2000, Kenny et al. 2004, Reeves et al. constrictor snakes (as major predators) species Python molurus as a whole, 2006) have shown disease agents in the on lands that they manage is necessary instead of evaluating the subspecies ticks that travel internationally on to prevent the likely adverse impacts to

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the ecosystems occupied by the invasive large constrictor snakes. They are well- within the first year. In addition, snakes. camouflaged and stealthy, and, Burmese pythons reportedly can The final economic analysis was therefore, nearly impossible to see in the fertilize their own eggs and have viable prepared for the constrictor snakes wild. Most of the protective measures eggs after several years in isolation. (USFWS January 2012) and provides the available to prevent the escape of Even one female Burmese python that following information about the Burmese pythons are currently (and escapes captivity could produce dozens expenditures for research and expected to remain) cost-prohibitive and of large young at one time (average eradication in Florida, primarily for labor-intensive. Even with protective clutch size is 36, with a known clutch Burmese pythons, which provides some measures in place, the risks of of 107). Furthermore, a healthy indication of the efforts to date. The accidental escape are not likely to be individual is likely to live for 20 to 30 Service spent about $600,000 over a 3- eliminated. Since effective measures to years. Even a small number of pythons year period (2007 to 2009) on python prevent the establishment in new in a small area, such as one of the trap design, deployment, and education locations or eradicate, manage, or Florida Keys or insular islands, could in the Florida Keys to prevent the control the spread of established cause unacceptable effects on federally potential extinction of the endangered populations of the Burmese python are threatened or endangered species. There Key Largo woodrat (Neotoma floridana not currently available, the ability to are currently no effective control smalli) at Crocodile Lake National rehabilitate or recover ecosystems methods for Burmese pythons, nor are Wildlife Refuge. The South Florida disturbed by the species is low. any anticipated in the near future. Water Management District spent Therefore, because Burmese pythons $334,000 between 2005 and 2009 and Potential Ecological Benefits for Introduction have already established populations in anticipates spending an additional some areas of the United States; are $156,600 on research, salaries, and While the introduction of a faunal likely to spread from their current vehicles in the next several years. An biomass could potentially provide a established range to new natural areas additional $300,000 will go for the food source for some native carnivores, in the United States; are likely to assistance of USDA, Wildlife Services species native to the United States are become established in disjunct areas of (part of USDA Animal and Plant Health unlikely to possess the ability to hunt the United States with suitable climate Inspection Service). The USDA Wildlife such large, camouflaged snakes and and habitat if released there; are likely Research Center (Gainesville, Florida, would not likely turn to large to prey on and compete with native Field Station) has spent $15,800 from constrictor snakes as a food source. The species (including threatened and 2008 to 2009 on salaries, travel, and risks to native wildlife greatly outweigh endangered species); are likely to be supplies. The USGS, in conjunction this unlikely benefit; however, juvenile disease vectors for livestock or native with the University of Florida, has spent constrictor snakes could fall prey to wildlife; cannot be easily eradicated, more than $1.5 million on research, native wildlife such as alligators, prevented from establishing, or reduced radio telemetry, and the development, raccoons, coyotes, and birds of prey from large populations or new locations; testing, and implementation of (hawks, owls, eagles). In addition, a and are likely to disturb ecosystems constrictor snake traps. Miami-Dade large constrictor snake could prey on beyond the point of recoverability, the County Parks and Recreation other invasive, nonnative species, such Service finds the Burmese python and Department, Natural Areas Management as green iguanas, feral hogs, and black its conspecifics to be injurious to and Department of Environmental rats. However, the effect on the humans, agricultural interests, and to Resources Management have spent populations of these feral hogs, rats, and wildlife and wildlife resources of the $60,875 annually on constrictor snake other such nonnative species is likely to United States. issues. The National Park Service has be negligible. Conversely, the effect of spent $317,000 annually on various predation on rare species is greater, Factors That Contribute to programs related to constrictor snake because any decrease in populations of Injuriousness for Northern African issues in Everglades National Park. All rare species makes it less likely for the Python these expenditures total $5.7 million population to rebound. Therefore, the Current Nonnative Occurrences from 2005 to approximately 2012, or small possible benefits of having large roughly an average of $720,000 per year. constrictor snakes as predators in the Several Northern African pythons Despite this investment, all of these United States do not warrant have been found in Florida and efforts have failed to provide a method encouraging their establishment. elsewhere in the United States—most of for eradicating large constrictor snakes There are no other potential these are assumed to be escaped or in Florida. ecological benefits for the introduction released pets (Reed and Rodda 2009). Kraus (2009) exhaustively reviewed of Burmese pythons into the United From 2005 to 2009, adults and the literature on invasive herpetofauna. States. hatchlings have been captured, While he found a few examples of local confirming the presence of a population populations of amphibians that had Conclusion of Northern African pythons along the been successfully eradicated, he found The Burmese python is one of the western border of Miami, adjacent to the no such examples for reptiles. He also largest snakes in the world, reaching Everglades (Reed et al. 2010). From May states that, ‘‘Should an invasive lengths of up to 7 m (23 ft) and weights 2009 to January 2010, four specimens [nonnative] species be allowed to spread of over 90 kg (almost 200 lbs). This is were found by herpetologists and the widely, it is usually impossible—or at longer than any native, terrestrial Miami-Dade County Anti-Venom best very expensive—to eradicate it.’’ animal in the United States, including Response Unit, including hatchlings The Burmese python is unlikely to be alligators, and three times longer than and adults collected from an area of one of those species that could be the longest native snake species. Native about 2 km (1.6 mi) in diameter known eradicated. fauna have no experience defending as the Bird Drive Recharge Basin Eradication will almost certainly be against this type of novel, giant (Miami-Dade County) (Reed et al. 2010). unachievable for a species that is hard predator. Hatchling Burmese pythons In 2009, evidence pointed to the to detect and remove at low densities, are about the size of average adult native presence of a breeding population of which is the case with all of the four snakes and can more than double in size Northern African pythons along the

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western border of Miami adjacent to the prey type with the suitable climate areas eradication, management, or control of Everglades. Recently, observations and and the listed species found in those the spread of Northern African pythons removals of multiple adults, a gravid areas; suitable climate areas and the will be highly unlikely. Please see the female, and hatchlings suggest the listed species can be found in the final Control section for the Burmese python presence of a reproducing population of environmental assessment. for reasons why the Northern African Northern African pythons (Reed et al. According to the climate suitability pythons would be difficult to control, 2010). One Northern African python has maps (Reed and Rodda 2009), all of which apply to this large also been collected on State Road 72 threatened and endangered species and constrictor. approximately 6.43 km (4 mi) east of other native species from parts of Myakka River State Park, Sarasota Florida, most of Hawaii, and all of Potential Ecological Benefits for County, Florida (K. Krysko, pers. comm. Puerto Rico would be at risk from the Introduction 2010). establishment of Northern African In the Commonwealth of Puerto Rico, pythons. In addition, we assume that While the introduction of a faunal Northern African pythons have been Guam, the U.S. Virgin Islands, and other biomass could potentially provide a found in the western region of the territories would have suitable habitat food source for some native carnivores, island (Mayaguez), the San Juan metro and climate to support Northern African species native to the United States are area, and the southern region of the pythons, and these also have federally unlikely to possess the hunting ability island (Guayama) (J. Saliva, pers. comm. threatened and endangered species that for such large, camouflaged snakes and 2009). would be at risk if Northern African would not likely turn to large Potential Introduction and Spread pythons became established. constrictor snakes as a food source. The risks to native wildlife greatly outweigh Potential Impacts to Humans Northern African pythons have this unlikely benefit; however, juvenile escaped captivity or been released into The introduction or establishment of snakes could fall prey to native wildlife the wild in Florida and Puerto Rico and Northern African pythons may have such as alligators, raccoons, coyotes, are likely to continue to escape and be negative impacts on humans primarily and birds of prey (hawks, owls, eagles). released into the wild. Based on Reed from the loss of native wildlife and Rodda (2009), extrapolation of In addition, a large constrictor snake biodiversity, as discussed above. These could prey on other nonnative species climate matching from the native range losses would affect the aesthetic, of Northern African pythons and then such as green iguanas, feral hogs, and recreational, and economic values black rats. There are no other potential mapped to the United States includes a currently provided by native wildlife ecological benefits from the large portion of peninsular Florida, and healthy ecosystems. Educational introduction into the United States or extreme south Texas, most of Hawaii, values would also be diminished establishment in the United States of and Puerto Rico. Northern African through the loss of biodiversity and pythons are highly likely to spread and ecosystem health. African pythons (both Northern African pythons. become established in the wild due to wild and captive-bred) are noted for Conclusion common traits shared by the giant their bad temperament and readiness to constrictors, including rapid growth to a bite if harassed by people. Although Northern African pythons are long- large size with production of many African pythons can easily kill an adult lived (some have lived in captivity for offspring; ability to survive under a person, attacks on humans are 27 years). The species feeds primarily range of habitat types and conditions uncommon (Reed and Rodda 2009). We on warm-blooded prey (mammals and (habitat generalist); behaviors that allow do not have any confirmed human birds). Northern African pythons have them to escape freezing temperatures; fatalities in the United States from been found to be reproducing in Florida. ability to live in urban and suburban Northern African pythons. Therefore, they pose a risk to native areas; ability to disperse long distances; Diseases borne by ticks could wildlife, including threatened and and ability to conceal themselves and potentially impact U.S. agricultural ambush prey. endangered species. African pythons industries. One serious possibility is (both wild and captive-bred) are noted Potential Impacts to Native Species heartwater disease, a potentially for their bad temperament and have (Including Threatened and Endangered catastrophic disease of hoofed animals reportedly also attacked humans. Species) (including cattle) that is vectored by ticks found on African pythons (such as Because Northern African pythons are Northern African pythons are highly Python sebae), but the ticks are capable likely to escape or be released into the likely to prey on native species, of transferring to other species of the wild if imported to the United States; including threatened and endangered genus Python in captivity (Reed and are likely to spread from their current species. As with most of the giant Rodda 2009). Northern and Southern established range to new natural areas constrictors, adult African pythons African pythons are known hosts of in the United States with suitable primarily eat endothermic prey from a some of these ticks, including habitats; are likely to prey on native wide variety of taxa. Adverse effects of Amblyomma nuttalli, Amblyomma species (including threatened and Northern African pythons on selected marmoreum, Amblyomma sparsum, endangered species); are likely to be threatened and endangered species are Aponomma exornatum, Aponomma likely to be moderate to high. disease vectors for livestock; and Please see Potential Impacts to Native flavomaculatum, and Aponomma latum because it would be difficult to Species (Including Threatened and (Burridge 2001). eradicate or reduce large populations, or Endangered Species) under Factors that Factors That Reduce or Remove recover ecosystems disturbed by the Contribute to the Injuriousness for Injuriousness for Northern African species, the Service finds the Northern Burmese Python for a description of the Python African python to be injurious to impacts that Northern African pythons humans, agricultural interests, and to would have on native species. These Control wildlife and wildlife resources of the impacts are applicable to Northern As with the other giant constrictors, United States. African pythons by comparing their once introduced into the wild,

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Factors that Contribute to Injuriousness prey type with the suitable climate areas will be highly unlikely. Please see the of the Southern African Python and the listed species found in those Control section for the Burmese python areas; suitable climate areas and the Current Nonnative Occurrences for reasons why the Southern African listed species can be found in the final pythons would be difficult to control, Occurrences of the Southern African environmental assessment. all of which apply to these large python in the United States are According to the climate suitability constrictors. unknown. maps (Reed and Rodda 2009), Potential Ecological Benefits for Potential Introduction and Spread threatened and endangered species and other native species from parts of Introduction Southern African pythons are large- Florida, Texas, Hawaii, and Puerto Rico bodied constrictors that are closely would be at risk from the establishment While the introduction of a faunal related to Northern African pythons. of Southern African pythons. In biomass could potentially provide a Because they are so similar to Northern addition, we assume that Guam, the food source for some native carnivores, African pythons, they possess the same U.S. Virgin Islands, and other territories species native to the United States are traits that enable them to be likely to would have suitable habitat and climate unlikely to possess the hunting ability escape or be released into the wild if to support Southern African pythons, for such large, camouflaged snakes and imported into the United States. and these also have federally threatened would not likely turn to large Southern African pythons may be and endangered species that would be at constrictor snakes as a food source. The substituted for Northern African risk if Southern African pythons became risks to native wildlife greatly outweigh pythons in the pet trade because of established. this unlikely benefit; however, juvenile these similarities. snakes could fall prey to native wildlife The Southern African python climate Potential Impacts to Humans such as alligators, raccoons, coyotes, match extends slightly farther to the The introduction or establishment of and birds of prey (hawks, owls, eagles). north in Florida than the Northern Southern African pythons may have In addition, a large constrictor snake African python and also includes Texas negative impacts on humans primarily from the Big Bend region to the could prey on other nonnative species from the loss of native wildlife such as green iguanas, feral hogs, and southeasternmost extent of the State, as biodiversity, as discussed above. These well as parts of Puerto Rico and Hawaii. black rats. There are no other potential losses would affect the aesthetic, ecological benefits from the If Southern African pythons escape or recreational, and economic values are intentionally released, they are introduction into the United States or currently provided by native wildlife establishment in the United States of likely to survive or become established and healthy ecosystems. Educational Southern African pythons. within their respective thermal and values would also be diminished precipitation limits. Within these limits, through the loss of biodiversity and Conclusion Southern African pythons are highly ecosystem health. likely to spread and become established African pythons (both wild and Southern African pythons are long- in the wild due to common traits shared captive-bred) are noted for their bad lived. This species feeds primarily on by the giant constrictors, including temperament and readiness to bite if warm-blooded prey (mammals and rapid growth to a large size with harassed by people. Although African birds). Therefore, they pose a risk to production of many offspring; are pythons can easily kill an adult person, native wildlife, including threatened capable of surviving under a range of attacks on humans are uncommon (Reed and endangered species. Their climate habitat types and conditions (habitat and Rodda 2009). match extends slightly farther to the generalist); have behaviors that allow Diseases borne by ticks could north in Florida than the Northern them to escape freezing temperatures; potentially impact U.S. agricultural African python and also includes can live in urban and suburban areas; industry. One serious possibility is portions of Texas from the Big Bend can disperse long distances; and are heartwater disease, a potentially well-concealed ambush predators. region to the southeasternmost extent of catastrophic disease of hoofed animals the State. Because Southern African Potential Impacts to Native Species (including cattle) that is vectored by pythons are likely to escape or be (Including Threatened and Endangered ticks found on African pythons (such as released into the wild if imported to the Species) Python sebae), but the ticks are capable United States; are likely to survive, of transferring to other species of the Southern African pythons are highly become established, and spread if genus Python in captivity (Reed and likely to prey on native species, escaped or released in suitable habitats; Rodda 2009). Northern and Southern including threatened and endangered are likely to prey on and compete with African pythons are known hosts of species. As with most of the giant some of these ticks, including native species for food and habitat constrictors, adult African pythons Amblyomma nuttalli, Amblyomma (including threatened and endangered primarily eat endothermic prey from a marmoreum, Amblyomma sparsum, species); are likely to be disease vectors wide variety of taxa. Adverse effects of Aponomma exornatum, Aponomma for livestock; cannot be easily Southern African pythons on selected flavomaculatum, and Aponomma latum eradicated, prevented from establishing, threatened and endangered species are (Burridge 2001). or reduced from large populations or likely to be moderate to high. new locations; and are likely to disturb Please see Potential Impacts to Native Factors That Reduce or Remove ecosystems beyond the point of Species (Including Threatened and Injuriousness for Southern African recoverability, the Service finds the Endangered Species) under Factors that Python Southern African python to be injurious Contribute to the Injuriousness for Burmese Python for a description of the Control to humans, to agricultural interests, and impacts that Southern African pythons As with the other giant constrictors, to the wildlife and wildlife resources of would have on native species. These once introduced into the wild, the the United States. impacts are applicable to Southern eradication, management, or control of African pythons by comparing their the spread of Southern African pythons

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Factors That Contribute to Potential Impacts to Native Species Factors That Reduce or Remove Injuriousness for Yellow Anaconda (Including Threatened and Endangered Injuriousness for Yellow Anaconda Species) Current Nonnative Occurrences Control Yellow anacondas are highly likely to An adult yellow anaconda was Once introduced into the wild, the prey on native species, including select collected from Big Cypress National eradication, management, or control of threatened and endangered species. The Reserve in southern Florida in January the spread of yellow anacondas will be prey list suggests that yellow anacondas 2007, and another individual was highly unlikely. Please see the employ both ‘‘ambush predation’’ and photographed basking along a canal ‘‘Control’’ section for the Burmese ‘‘wide-foraging’’ strategies (Reed and about 25 km (15.5 mi) north of that python for reasons why yellow Rodda 2009). The snakes forage location in January 2008 (EDDMapS anacondas would be difficult to control, predominately in open, flooded 2011). In 2008, an unnamed observer all of which apply to this large habitats, in relatively shallow water; reportedly captured two anacondas that constrictor. wading birds are their most common most closely fit the description of the prey. They have also been known to Potential Ecological Benefits for yellow anaconda farther to the east near Introduction prey on fish, turtles, small caimans, the Palm Beach, Florida, county line lizards, birds, eggs, small mammals, and While the introduction of a faunal (EDDMapS 2011). In Puerto Rico, a few fish carrion (Reed and Rodda). biomass could potentially provide a individuals of the yellow anaconda have Threatened and endangered species food source for some native carnivores, been reported in the central region of occupying flooded areas, such as the species native to the United States are the island (Villalba area). In Arkansas, Everglades, would be at risk. unlikely to possess the hunting ability two yellow anacondas were found in Please see Potential Impacts to Native for such large, camouflaged snakes and Wapanocca National Wildlife Refuge (P. would not likely turn to large Fuller, pers. comm. 2011). Species (Including Threatened and Endangered Species) under Factors that constrictor snakes as a food source. The Potential Introduction and Spread Contribute to the Injuriousness for risks to native wildlife greatly outweigh this unlikely benefit; however, juvenile Yellow anacondas have escaped or Burmese Python for a description of the impacts that yellow anacondas would snakes could fall prey to native wildlife been released into the wild in Florida, such as alligators, raccoons, coyotes, Arkansas, and Puerto Rico, and are have on native species. These impacts are applicable to yellow anacondas by and birds of prey (hawks, owls, eagles). likely to escape or be released into the In addition, a large constrictor snake wild elsewhere. Yellow anacondas are comparing their prey type with the suitable climate areas and the listed could prey on other nonnative species highly likely to survive in subtropical such as green iguanas, feral hogs, and areas of natural ecosystems of the species found in those areas; suitable climate areas and the listed species can black rats. There are no other potential United States. The yellow anaconda has ecological benefits from the a native-range distribution that includes be found in the final environmental assessment. introduction into the United States or highly seasonal and fairly temperate establishment in the United States of regions in South America. When While we did not itemize the yellow anacondas. projected to the United States, the federally threatened and endangered climate space occupied by yellow species from southern California, Texas, Conclusion anaconda translates to a fairly large area, southeast Georgia, and other States, Yellow anacondas are highly likely to including virtually all of peninsular there are likely several hundred species survive in the appropriate natural Florida and a corner of southeastern in those and other States that would be ecosystems of the United States. The Georgia (to about the latitude of at risk from yellow anaconda. According species has a native-range distribution Brunswick), as well as parts of southern to the climate suitability maps (Reed that includes highly seasonal and fairly and eastern Texas and a very small and Rodda 2009), threatened and temperate regions in South America. portion of southern California. Large endangered species from parts of When projected to the United States, the areas of Hawaii and Puerto Rico appear Florida, Hawaii, and Puerto Rico would climate space occupied by yellow to exhibit suitable climates, and be at risk from the establishment of anaconda maps to a fairly large area, additional insular United States yellow anacondas. In addition, Guam, including virtually all of peninsular possessions (Guam, Northern Marianas, the U.S. Virgin Islands, and other Florida and a corner of southeastern American Samoa, and so on) would territories would have suitable habitat Georgia (to about the latitude of probably be suitable as well. Within the and climate to support yellow Brunswick), as well as large parts of areas deemed suitable, however, the anacondas, and these also have federally southern and eastern Texas and a small yellow anaconda would be expected to threatened and endangered species that portion of southern California. Large occupy only habitats with permanent would be at risk if yellow anacondas areas of Hawaii and Puerto Rico appear surface water. If yellow anacondas are became established. to exhibit suitable climates, and released into areas with suitable Potential Impacts to Humans additional insular U.S. possessions permanent surface water, they would (such as Guam, Northern Marianas, likely disperse because of their The introduction or establishment of American Samoa) would probably be propensity for rapid growth to a large yellow anacondas may have negative suitable as well. Yellow anacondas are size; high reproductive rate; ability to impacts on humans primarily from the highly likely to spread to suitable survive under a range of habitat types loss of native wildlife biodiversity, as permanent surface water areas because and conditions (habitat generalist); discussed above. These losses would of their large size, high reproductive behaviors that allow them to escape affect the aesthetic, recreational, and potential, early maturation, rapid freezing temperatures; ability to live in economic values currently provided by growth, longevity, and generalist- urban and suburban areas; ability to native wildlife and healthy ecosystems. surprise attack predation. disperse long distances; and well- Educational values would also be Because the yellow anacondas are concealed, ambush-type of predatory diminished through the loss of likely to escape captivity or be released behavior. biodiversity and ecosystem health. into the wild if imported to the United

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States (note that the yellow anaconda once established, the Service finds the Because Southern African pythons are has already been found in the wild in Burmese python to be injurious to likely to escape or be released into the Florida and Arkansas); are likely to humans, agricultural interests, and to wild if imported to or transported survive, become established, and spread wildlife and wildlife resources of the within the United States; are likely to if escaped or released; are likely to prey United States. We have evaluated the survive, become established, and spread on and compete with native species for species Python molurus as a whole if escaped or released in suitable food and habitat (including threatened (including Burmese and Indian habitats; are likely to prey on and and endangered species); cannot be pythons), and we have determined that compete with native species for food easily eradicated, prevented from it should be listed as injurious. and habitat (including threatened and establishing, or reduced from large Moreover, we note that each of its endangered species); and because it populations or new locations; and are subspecies share the traits that make would be difficult to prevent, eradicate, likely to disturb ecosystems beyond the this species injurious. or reduce large populations; control point of recoverability, the Service finds spread to new locations; or recover Northern African Python the yellow anaconda to be injurious to ecosystems disturbed by the species, the humans and to the wildlife and wildlife Northern African pythons are long- Service finds the Southern African resources of the United States. lived (some have lived in captivity for python to be injurious to humans and to 27 years). The species feeds primarily the wildlife and wildlife resources of Conclusions for the Four Constrictor the United States. Snakes on warm-blooded prey (mammals and birds). Northern African pythons now Yellow Anaconda Burmese Python have an established self-sustaining Yellow anacondas are highly likely to The Burmese python is one of the breeding population west of Miami, Florida. This area is within the known survive in the appropriate natural largest snakes in the world, reaching ecosystems of the United States. The lengths of up to 7 m (23 ft) and weights distribution of Burmese pythons in Florida, and hybridization between species has a native-range distribution of over 90 kilograms (kg) (almost 200 that includes highly seasonal and fairly these species is known in captivity. The pounds (lbs)). This is longer than any temperate regions in South America. likelihood of hybridization among native, terrestrial animal in the United When projected to the United States, the introduced Florida populations is States, including alligators, and three climate space occupied by yellow unknown, as are the implications of times longer than the longest native anaconda maps to a fairly large area, genetic admixture for control purposes snake species. Native fauna have no including virtually all of peninsular (Reed and Rodda 2009). Therefore, they experience defending against this type Florida and a corner of southeastern pose a risk to native wildlife, including of novel, giant predator. Hatchling Georgia (to about the latitude of threatened and endangered species. pythons are about the size of average Brunswick), as well as large parts of African pythons (both wild and captive- adult native snakes and can more than southern and eastern Texas. Large areas double in size within the first year. In bred) are noted for their bad of Hawaii and Puerto Rico appear to addition, Burmese pythons reportedly temperament and have reportedly also exhibit suitable climates, and additional can fertilize their own eggs and have attacked humans. insular U.S. possessions (such as Guam, viable eggs after several years in Because Northern African pythons are Northern Marianas, American Samoa) isolation; therefore, it is possible that a likely to escape or be released into the would probably be suitable as well. population of Burmese pythons could wild if imported to or transported Yellow anacondas are highly likely to be established with only a small number within the United States; are likely to spread to suitable permanent-surface- of females. Burmese pythons are long- survive, become established, and spread water areas because of their large size, lived, with a life expectancy of 20 to 30 from their current established range to high reproductive potential, early years. Thus, even a single python new natural areas in the United States maturation, rapid growth, longevity, and (especially a female) in a small area, with suitable habitats; are likely to prey generalist surprise-attack predation. such as one of the Florida Keys or on and compete with native species Because the yellow anacondas are insular islands, can devastate the (including threatened and endangered likely to escape captivity or be released population of a federally threatened or species); and because it would be into the wild if imported to or endangered species. There are currently difficult to prevent, eradicate, or reduce transported within the United States no effective control methods for large populations; control the spread to (note that the yellow anaconda has Burmese pythons, nor are any new locations; or to recover ecosystems already been found in the wild in anticipated in the near future. disturbed by the species, the Service Florida); are likely to survive, become Therefore, because Burmese pythons finds the Northern African python to be established, and spread if escaped or have already established populations in injurious to humans and to wildlife and released; are likely to prey on and some areas of the United States; are wildlife resources of the United States. compete with native species for food likely to spread from their current Southern African Python and habitat (including threatened and established range to new natural areas endangered species); and because it in the United States; are likely to Southern African pythons are long- would be difficult to prevent, eradicate, become established in disjunct areas of lived. This species feeds primarily on or reduce large populations; control the United States with suitable climate warm-blooded prey (mammals and spread to new locations; or to recover and habitat if released there; are likely birds). Therefore, they pose a risk to ecosystems disturbed by the species, the to prey on and compete with native native wildlife, including threatened Service finds the yellow anaconda to be species (including threatened and and endangered species. Their climate injurious to humans and to wildlife and endangered species); are likely to be match extends slightly farther to the wildlife resources of the United States. disease vectors for livestock or native north in Florida than the Northern wildlife; are likely to damage African python and also includes Texas Summary of Risk Potentials ecosystems that would be difficult or from the Big Bend region to the Reed and Rodda (2009) found that all impossible to recover; and are difficult southeasternmost extent of the State as of the four constrictor snakes pose high or impossible to eradicate or control well as parts of Puerto Rico and Hawaii. risks to the interests of human beings,

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agriculture, wildlife, and wildlife and Budget ‘‘Final Information Quality issues and new information regarding resources of the United States. These Bulletin for Peer Review,’’ released the proposed rule. We consolidated the risk potentials utilize the criteria for December 16, 2004, and Service comments and responses into key issues evaluating species as described by guidance, we solicited expert opinion in this section. We refer to them as PR ANSTF (1996) (see Lacey Act on information contained in the (Peer Reviewer) 1 through 5. We revised Evaluation Criteria above). Based on the proposed rule (which was for nine the final rule to reflect peer reviewer risks determined by Reed and Rodda species) from five knowledgeable comments, where appropriate, and the (2009), substantive information individuals selected from specialists in most current scientific information, submitted during the public comment the relevant taxonomic group and including the results of the new USGS periods and from the peer reviewers, ecologists with scientific expertise that climate match publication (Rodda et al. along with the latest findings regarding includes familiarity with alien 2011), plus a number of new peer- the large constrictor snakes (in Florida, herpetological introductions and reviewed journal articles. We have taken Puerto Rico, and elsewhere), the Service invasions, predictive tools for risk our best effort to identify the limitations concludes that the four constrictor assessment, and invasion biology. We and uncertainties of the climate- species should be added to the list of posted our peer review plan on the matching models and their projections injurious reptiles under the Lacey Act. Service’s Region 4 Web site (http:// used in the proposed rule. We have also www.fws.gov/southeast/ taken our best effort to correct any Comments Received on the Proposed informationquality), explaining the peer grammatical or biological errors and Rule review process and providing the public clarify certain ambiguous statements. During the two public comment with an opportunity to comment on the Comment PR1: In regard to the USGS periods for the proposed rule, we peer review plan. No comments were publication ‘‘Giant Constrictors: received approximately 56,500 received regarding the peer review plan. Biological and Management Profiles and comments, including form letters, The Service solicited independent an Establishment Risk Assessment for petitions, and post cards. We received scientific reviewers who submitted Nine Large Species of Pythons, comments from Federal agencies, State individual comments in written form. Anacondas, and the Boa Constrictor,’’ agencies, local governments, We avoided using individuals who had which includes management profiles commercial and trade organizations, already expressed strong support for or discussing colonization potentials with conservation organizations, opposition to the petition and climate matching maps, there are very nongovernmental organizations, and individuals who were likely to few details or data presented in the private citizens; all were in English with experience personal gain or loss manuscript that would allow an the exception of a few in Dutch, French, (financial, prestige, etc.) as a result of independent test of the model, German, and Italian. The comments the Service’s decision. Department of predictions, or assumptions. At a provided a range of views on the the Interior employees were not utilized minimum, the threshold values that proposed listing as follows: (1) as peer reviewers. were used in the climate space model Unequivocal support for the listing with We received responses from five peer should be explicitly stated for each no additional information included; (2) reviewers. Two peer reviewers found species. This would allow reviewers to unequivocal support for the listing with that, in general, the proposed rule evaluate the data and the assumptions additional information provided; (3) represented a comprehensive and up-to- used in the construction of the model. equivocal support for the listing with or date compilation of the best scientific Response PR1: This general critique is without additional information information known about the nine incorrect; all of the species-specific included; (4) unequivocal opposition to constrictor snake species and information used to assess risks is the listing with no additional conclusions drawn from both published presented in the document mentioned. information included; and (5) and unpublished sources were That this procedure cannot be reduced unequivocal opposition to the listing scientifically robust, and justified the to mathematical certainty is the reason with additional information included. proposed rule. Two peer reviewers a risk assessment (rather than a To accurately review and incorporate expressed concern with the climate- calculation) was conducted. This the publicly provided comments in our matching methods and assumptions. specific critique is also incorrect. The final determination, we worked with In addition, all peer reviewers stated requested threshold values are provided researchers in the Qualitative Data that the background material on the graphically for each of the species in Analysis Program at the University of biology, invasive potential, and Reed and Rodda (2009). For example, Massachusetts Amherst and the potential tools for control of each snake the Python molurus values are in Figure University of Pittsburgh—developers of species represented a solid compilation 4.3 (page 51) (heavy and dashed black the Public Comment Analysis Toolkit of available information. They further lines), the P. sebae and P. natalensis (PCAT) analytical software. The PCAT stated that the information as presented values are in Figures 6.4 (page 118) and enhanced our ability to review large justified the conclusion that the snake 6.5 (page 119), respectively (heavy black numbers of comments, including large species should be listed as injurious. All lines), and so forth. numbers of similar comments on our five peer reviewers concluded that the For readers who want to duplicate the proposed listing, allowing us to identify data and analyses we used in the climate match results, the USGS has similar comments as well as individual proposed rule were appropriate and the published a data series report with data ideas, data, recommendations, or conclusions we drew were logical and used for modeling and the equations suggestions on the proposed listing. We reasonable. Several peer reviewers corresponding to these lines (http:// are also responding to some comments provided additional insights to clarify pubs.usgs.gov/ds/579/) (Jarnevich et al. that are out of the purview of this rule points in the proposed rule, or 2011), but the graphical representations in a concerted effort to explain our references to recently published studies in Reed and Rodda (2009) provide the rationale to the public. that update material in the rule. same information with the precision that is appropriate for the use of these Peer Review of the Proposed Rule Peer Review Comments values. Use of these values with greater In accordance with peer review We reviewed all comments received precision would not be appropriate guidance of the Office of Management from peer reviewers for substantive given the conceptual and scientific

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uncertainties that attend state-of-the-art types of uncertainty will continue to between the populations usually implementation of climate matching. exist regardless of future developments. described as P. m. molurus and P. m. Comment PR2: The data used for the The inferential estimation of organism bivittatus. In the absence of decisive risk assessment seems fair. This risk can be rated using high, medium, or information on that crucial question and reviewer, however, was not convinced low. The biological and other on the question of competitive that the assignment of low, medium, information assembled under each interactions between the two forms, it and high establishment and element will drive the process. This would be inappropriate to assume that consequence scores was sufficiently forces the assessor to use the biological the ecological behavior of P. m. objective or transparent. There appear to information as the basis for his or her bivittatus is independent of that of P. m. be high levels of uncertainty involved in decision. Thus, the process remains molurus. Furthermore, even a finding of the process (pp. 253, 259: Reed and transparent for peer review. The high, ecological independence of P. m. Rodda 2009). Though there is not really medium, and low ratings of the bivittatus would not appreciably alter an alternative with the amount of data individual elements contributing to the either the cold tolerance of the species available, the approach would be more probability of organism establishment or the likelihood of its establishment in acceptable if it was transparent (what (such as organism with pathway, entry the United States, which were the constitutes each level of certainty and potential, colonization potential, and primary uses of this information in the how one decides on high, medium, or spread potential) cannot be defined or risk assessment (Rodda et al. 2011). The low for each contributing factor). measured—they have to remain assertion that the Burmese form shows Response PR2: The risk assessment judgmental. This is because the values less cold tolerance than the Indian form process allows for analyzing, of the elements contained under is not supported by the peer-reviewed identifying, and estimating the ‘‘Probability of Establishment’’ are not literature. dimension, characteristics, and type of independent of the rating of the Comment PR4: The Pyron et al. (2008) risk. By applying analytical methods ‘‘Consequences of Establishment.’’ paper offers a more sophisticated and while acknowledging the assumptions Specific traits or biological scientifically main-stream analysis that and uncertainties involved, the process characteristics were assessed for each predicts virtually no expansion of the allows the assessors to utilize snake species to arrive at each high, python population in Florida. The qualitative and quantitative data in a medium, or low rating. The strength of Pyron et al. (2008) paper very clearly systematic and consistent fashion. The the analysis is not in the element-rating and persuasively describes the flawed assessment strives for theoretical but in the detailed biological and other result in the Rodda et al. (2008) paper accuracy while remaining relevant information that supports them. and offers a superior alternative comprehensible and manageable, and Reed and Rodda (2009) followed the analysis. the scientific and other data compiled ANSTF 1996 (see Lacey Act Evaluation Response PR4: A paper by R. for each snake species in the bio-profiles Criteria section above for explanation of Alexander Pyron, Frank T. Burbrink, is organized and recorded in a formal this method) guidelines for combining and Timothy J. Guiher, ‘‘Claims of and systematic manner. The assessment scores and noting that certainty levels potential expansion throughout the U.S. provides a reasonable estimation of the for each component of the process were by invasive python species are overall risk. The authors were careful to followed by the risk assessors. The logic contradicted by ecological niche ensure that the process clearly that was applied to develop every step models,’’ published in PLoS ONE online explained the uncertainties inherent in of the risk assessment analysis can be in August 2008, was published after the the process and to avoid design and found in Chapter Ten of Reed and Rodda et al. (2008) paper. In a response implementation of a process that Rodda (2009). to a complaint from the public to USGS, reflected a predetermined result. Comment PR3: Jacobs et al. (2009) a panel composed of representatives Quantitative and qualitative risk elevated the Burmese python back to from the USGS and the Service was assessments should always be buffered full species rank (that is, the form was convened to review an information with careful professional judgment. If historically described as Python quality appeal and address concerns every statement was certain, we would bivittatus, then lumped with P. molurus, about ‘‘unwarranted assumptions and not need a risk assessment. The need to and then upon recent reevaluation, defective methodologies.’’ The panel balance risks with uncertainty can lead elevated back to full species rank). determined that the Rodda et al. (2008) assessors to concentrate more on the Climate data for P. molurus should, paper met the requirements of uncertainty than on known facts that therefore, not have been used to project independence, with two of the three may affect impact potential. Risks the area potentially suitable for P. peer reviewers coming from outside the identified for nonnative invasive large bivittatus, a different species. USGS, as well as having an internal constrictor species (and other nonnative Response PR3: Jacobs et al. (2009) supervisory review. Based on this invasive species besides large presented one side of an argument that affirmation of peer review, the panel constrictors) in other regions often has been debated for almost 100 years; agreed that it was unlikely that there provide the justification in applying they argued for full species status, but were ‘‘unwarranted assumptions or management measures to reduce risks in did not have the authority to declare defective methodologies.’’ The panel regions where the species have not yet their preference to be a fact. Other considered the Rodda et al. (2008) and been introduced. Thus, risk assessments biologists reject that opinion (which Pyron et al. (2008) papers as a good should concentrate on evaluating depends not only on the unresolved example of ‘‘dueling models’’ and potential risk. definitions of species and subspecies, agreed that such disagreements were Uncertainty, as it relates to the but on the biological and genetic facts well within the tradition of scientific individual risk assessment, can be pertaining to this specific population, dialog where different points of view divided into three distinct types: (a) which are not known). Jacobs et al. could be worked through the scientific Uncertainty of the process—(method); (2009) added new information on some method. Such differences were not (b) uncertainty of the assessor(s)— insular forms but did not present new ‘‘incorrect,’’ rather they were critical to (human error); and (c) uncertainty about data on the key question being the evolution of scientific thought. the organism—(biological and contested, which is whether genes are Because a later-published paper (in this environmental unknowns). All three periodically or regularly exchanged case Pyron et al. 2008) differs from a

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previous paper (Rodda et al. 2008) does Burmese pythons, African (rock) any of the species may preclude deaths not mean the previous paper should be pythons, reticulated pythons, boa from being reported. Reed and Rodda changed. A new paper published by the constrictors, green anacondas, and 2009 state that virtually all known USGS (Rodda et al. 2011) continues the yellow anacondas, and unidentified human fatalities are associated with pet dialog and elucidates scientific concerns large constrictor snakes. The list manipulation. However, Snow et al. with Pyron et al. (2008). Rodda et al. contains accounts from 39 States, (2007) and Harvey et al. (2008) also (2011) demonstrate that the Pyron et al. including Alaska and Hawaii. Of the noted that large constrictors crossing (2008) result was largely a product of 179 total reports, 21 were attacks on roads could cause traffic accidents. In erroneous data input and incorrect use people, 13 of which resulted in human general, we agree that the risk to human of the MaxEnt modeling program and fatalities. Burmese pythons reportedly safety is not in itself a substantial factor that MaxEnt models based on climatic attacked eight of those people, resulting in listing any of these species as variables for Burmese pythons as used in four deaths. African (rock) pythons injurious. by Pyron et al. (2008) are highly (not distinguished by species) (3) Comment: Boa constrictors should unstable and statistically questionable. reportedly attacked one person fatally. be removed from the rule. These snakes Please see ‘‘Need for the Final Rule’’ Pythons of undeclared species have never killed their keepers, nor section above for more information on reportedly attacked seven people, with have they killed anyone else. There has the differences between the two models. five resulting in death. One unidentified never been a documented human death Comment PR5: The term ‘‘zoological’’ constrictor reportedly wrapped around a by a boa constrictor. is ambiguous and could lead to a motorist’s neck and caused an Our Response: Taking full account of potential loophole for those activities automobile crash. Another commenter public comments and relevant factors, for which permitted importation could sent an additional report of a pet python we have not listed boa constrictors at be allowed, hence, any activity (not identified to species) that killed a this time. We will address this comment pertaining to these snakes could be child in Minnesota (date unknown). in more detail when we publish a claimed to be ‘‘zoological.’’ We acknowledge that there have been determination of whether this species Response PR5: This rulemaking reports of deaths and injury due to should be listed as injurious. addresses whether the identified species encounters with nonnative large Large Constrictor Snakes as Pets and of large constrictor snakes qualify as constrictor snakes, but the accounts Hobby injurious and, therefore, should be identified by the commenter involved added to the list of injurious reptiles. snakes held in captivity. We do not (4) Comment: Most people in the The rule does not address under what know of any free-ranging nonnative reptile hobby who choose to own these circumstances a person may qualify for large constrictor snakes that have larger species are very responsible and exception to the importation or injured or killed anyone in the United do well in keeping their pets and interstate transportation prohibitions States. Human fatalities from investments healthy and safe, and this under the zoological purposes nonvenomous snakes in the wild are includes preventing their escape. It does provisions. Therefore, this comment is rare (Reed and Rodda 2009). An indirect not stand to reason that the actions of outside of the scope of this rulemaking. risk is that large snakes may stretch this very limited amount of negligent across roads to obtain heat from the owners should affect millions of Public Comments pavement on cool days, posing a hazard responsible pet owners. We reviewed all comments received to motorists who swerve to avoid hitting Our Response: While we do not from the public particularly for them (Snow et al. 2007; Harvey et al. dispute that most constrictor snake substantive issues and new information 2008). Please see ‘‘Potential Impacts to owners try to be responsible, the volume regarding the proposed rule to list the Humans’’ in each species above for of imports and domestically bred snakes nine large constrictor snakes. We further information. is so large (averaging 49,941 annually consolidated the following comments (2) Comment: The actual physical for the nine proposed species and and our responses into key issues that danger that these snakes pose to humans 12,741 for the four species in this final are not in any particular order. We are and public safety has been grossly rule; see our Final Economic Analysis, also referring to only the four species in overstated, and there have only been 12 Table 8) that accidents may happen this final rule unless otherwise human fatalities attributed to these resulting in snakes escaping or snakes appropriate to include the other five snakes since 1980, an average of 0.4 could be intentionally released. species for the comments and our deaths per year are attributed. Those Shipping containers may be damaged— response to comments. fatalities are usually a direct result of and live snakes able to escape— either improper care and handling of the anywhere between the port of import Health and Welfare of Human Beings animal, or feeding-related errors on the and the destination of the pet owner’s (1) Comment: Some people have been part of the keeper or pet owner. home. In that case, the problem could killed and more have been injured in Our Response: We agree that, while arise before the pet owners acquire the the United States by nonnative large there have been 14 human deaths that animals. constrictor snakes that were kept as we know of since 1980, this number is Another consideration is the risk pets. small relative to other causes of death. involved with transporting large, Our Response: One commenter We do not wish to overstate the risk to powerful snakes. While keeping a snake submitted a list of 179 reports that public safety. We agree that the in a sedentary home cage may be not in included accounts of human injuries preeminent issue is not one of public itself be a difficult task, the situation and fatalities from nonnative constrictor safety, because we know of no large may change when a 20-ft (6-m) snake snakes, nonnative constrictor snakes constrictor snake attacks in the United weighing 200 pounds (91 kg) is that escaped or were spotted in the States from free-ranging snakes. We also transported in a car to a veterinarian. wild, and nonnative constrictor snakes note that, in their native ranges, reports Unless the snake is transported in an kept in inhumane conditions that were of snake attacks on humans in the wild escape-proof cage from the house to the reported in the media that occurred in are rare, although they have occurred automobile to the veterinarian, snakes the United States between 1980 and (Reed and Rodda 2009). However, the may find more opportunities for escape. 2010. The accounts included reports of remoteness of the native ranges of the Conversely, small snakes may escape

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more easily than large ones because they the largest portion of the nine species python (Python regius; 78.6 percent of are more likely to be transported listed in the proposed rule. the constrictor snake species reviewed casually, such as carried for show. For Our Response: Taking account of in our economic analysis)—is not being example, a boa constrictor that was public comments and relevant factors, listed as injurious. we have not listed Boa constrictor at transported around on its owner’s neck Other Animals More Injurious on a Boston subway escaped and this time. We will address this comment survived for a month on the heated train in more detail when we publish a (10) Comment: A better argument in January 2011 before being captured determination of whether this species based on safety and health statistics (Associated Press 2011). should be listed as injurious. could be made to ban horses or dogs, as We have based our determination on (8) Comment: This rule will destroy the average American is more likely to our evaluation of injuriousness to the ability of animal hobbyists, who are be injured or killed by either of those wildlife and wildlife resources and the our future biologists and animals than any reptile. Certainly there likelihood that any of the four large conservationists, to explore and learn are other species such as feral cats, dogs, constrictor snakes could escape, become about these specific animals, thus rats, pigeons, starlings, and pigs, that established, and cause harm. limiting exposure to the natural world at each cause more damage to the (5) Comment: These snakes are not large. environment of South Florida. Our Response: The commenters did Our Response: As the commenter injurious wild animals. They are not explain how the rule will destroy correctly points out, many species of domesticated pets. the ability of animal hobbyists to learn feral domesticated animals are Our Response: We recognize that about these animals. Hobbyists will still considered invasive and have caused many snakes are kept in captivity with be allowed to keep their snakes and harm to humans and natural resources no negative incidences and that they offspring and to acquire additional ones in south Florida and other parts of the seem tame. However, the fact that within their State (and consistent with United States. However, the agency has various species of wildlife may be kept their State’s own laws). The long lives only the authority to list ‘‘wild’’ birds as pets does not remove these species of these species improve the chances and ‘‘wild’’ mammals as injurious from the scope of U.S. wildlife laws. that the hobbyists will have their pets wildlife where, under section 42(a)(2) of Under the injurious wildlife provisions for one or more decades, generally much 18 U.S.C., the term ‘‘wild’’ is specific to of the Lacey Act (18 U.S.C. 42), all four longer than amphibian and tropical fish any animals that, whether or not raised of these species are wild. Therefore, we hobbyists. Hobbyists still have many in captivity, are normally found in a have the authority to list all of the four other species of snakes and other wild state. Dogs, cats, and horses are species of constrictor snakes once we reptiles to choose from that are not considered domesticated animals under determine that they are injurious. We listed as injurious. We hope that, with 50 CFR 14.4 regulations and, therefore, base our determination as injurious on this rule, future biologists and cannot be listed as injurious wildlife. their effect on any one of the following: conservationists will learn about the This rule is in response to a petition the interests of human beings, ecological role of these species in their to list one of the largest constrictor agriculture, horticulture, forestry, native lands and in lands where they snakes in the world. Based on the best wildlife, or wildlife resources of the become invasive. available information, we have found United States. that the four species covered by this Unprecedented Regulation (6) Comment: I have kept more of final rule are injurious to human beings, these animals than anyone you will ever (9) Comment: It is unprecedented that to the interests of agriculture, or to the meet, and I can assure you, they are not a ban be placed on a group of animals wildlife or wildlife resources of the injurious in any way. that is so prevalent in the pet industry United States. This does not mean that Our Response: We recognize that and kept by so many hobbyists. we believe these snakes to be the most there are various meanings of Our Response: We agree that we have injurious of all wild animals. ‘‘injurious.’’ However, under the never listed any species that is so Service’s authority, the Lacey Act (18 prevalent in the pet industry as some of Effort to Ban Pets U.S.C. 42), and for the purpose of this these large constrictor snakes. However, (11) Comment: This snake ban opens rule, injurious wildlife are wild the Lacey Act does not preclude listing the door to many other animals being mammals, wild birds, amphibians, a species that is prevalent in the pet banned. If this rule is passed, then next reptiles, fish, crustaceans, mollusks, and industry, provided that the species it will be foreign reptiles all together, their offspring or gametes that are meets the criteria of injuriousness. In followed closely by a different ban, injurious to the interests of human addition, this regulation is not a ban on followed by an eventual ban on reptiles, beings, agriculture, horticulture, possessing any of the species. States, period. Next it will be cats, dogs, fish, forestry, wildlife or wildlife resources of however, independently from this rule, and birds. the United States. A wildlife species may have their own restrictions, and Our Response: This rule does not ban does not need to be injurious to all of these restrictions may be more stringent possession of any species. As stated the above interests to be listed. If a than this Federal rule. In other words, above in the SUMMARY, the rule prohibits species is injurious to wildlife or individual States may ban possession of only the importation and interstate wildlife resources of the United States any of these species. This final rule only transportation. This is the only (including its territories and insular establishes a prohibition against authority provided to the Secretary of possessions), we have the authority to importation and interstate the Interior by Congress under the list that species. transportation of listed species without injurious wildlife provisions of the (7) Comment: We agree that a permit. Furthermore, only one of the Lacey Act (18 U.S.C. 42). Three of the ownership of certain animals should be species that we are listing (Burmese four species of large constrictor snakes restricted; however, we feel that python) is common in the pet trade; the are already in captivity in the United banning the species Boa constrictor fails other three constrictor species are rarely States and are available for acquisition to address current concerns, is or not traded. Lastly, the most within each State (unless otherwise unnecessarily restrictive, and counter- commonly imported constrictor snake regulated by your State’s laws). In productive. This species also represents in the pet industry by far—the ball addition, any species under

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consideration for listing as injurious is fish and wildlife in this country, and to people; however, we are listing them evaluated on a case-by-case basis, using they can help you to resolve this issue. for their injuriousness. all available information relevant to The U.S. Fish and Wildlife Service is (14) Comment: Thousands of snakes’ whether it is or is not injurious. working with States around the country lives will be spared because the majority Therefore, this rule does not set up a and the pet and aquarium industry of reptiles die during capture from the trend to ban ownership of any particular through a campaign called wild or subsequent transport or within species or groups of species. Second, the HabitattitudeTM to help pet owners the first year of captivity. Banning the Lacey Act does not provide the adopt environmentally responsible importation of these species will ensure authority to list domesticated mammals actions for surrendering their pets, such that many snakes will not fall victim to and birds as injurious. Section 42(a)(1) as: the harsh conditions of being shipped of the Lacey Act specifies that we may • Contacting the retailer for proper overseas. list only ‘‘wild mammals’’ and ‘‘wild handling advice or for possible return; Our Response: From the Service’s birds,’’ as opposed to domesticated • Giving or trading with another pet Law Enforcement Management mammals and domesticated birds. This owner; Information System (LEMIS) data, we means that we cannot list domestic • Donating to a zoo, humane society, estimate that approximately 96,000 dogs, cats, horses, certain species of nature center, school, or pet retailer; and snakes of the four species were • birds, and so on. However, all reptiles Contacting a veterinarian or pet imported from 1999 to 2010. Some were are considered wild and can be retailer for guidance on humane probably captured from the wild. considered injurious wildlife if they disposal of animals.’’ Imported snakes are then usually sent to meet the listing criteria (see ‘‘Lacey Act For those pet owners who move to animal dealers before being shipped to Evaluation Criteria section’’ above for another State, we also suggest pet retailers. Finally, the snakes are explanation). Domesticated animals are contacting a local herpetology club or a typically acquired at a pet retailer and defined in 50 CFR 14.4. national reptile organization with local transported to a home or other location. members to find someone to adopt those Large constrictor snakes may become ill, Effect of Rule on Welfare of Large constrictor snakes. injured, or die during transport. Since Constrictor Snakes (13) Comment: What would happen to this listing would place prohibitions on (12) Comment: This rule change the businesses operated by thousands of importation and interstate movement of basically represents a death sentence for families in the industry with this rule? the four species, it is reasonable to millions of reptiles in the United States. It is doubtful that those animals would assume that fewer animals will therefore Many of these snakes will be abandoned be humanely euthanized (due to die from importation and interstate and set free where they will surely finances and ethical objections), so transport. Although animal welfare is suffer and die. those animals would either be subjected regulated by the Federal government for Our Response: We disagree that this to inhumane practices or become some taxa (that is, primarily warm- rulemaking will result in the death of liabilities to those persons who have blooded species) under such laws as the millions of reptiles currently being held them. It would be a cruel irony that the Animal Welfare Act, this was not a in captivity. We have been clear that all animal rights agenda of eliminating factor considered in our injurious owners of any of the snakes listed as these animals from the pet trade would wildlife evaluation and did not injurious will be allowed to keep them result in the destruction of millions of influence our final determination. under this rule. For animals already in animals that have proven to be the United States, this rule only restricts nondangerous. Benefits of Having Large Constrictor shipment between States. We emphasize Our Response: Family businesses will Snakes in the United States that it will be lawful for pet owners to still be able to operate, provided they (15) Comment: While the Burmese keep their pets (if allowed by State law). either sell within their State or have a pythons do consume native species We have no reason to believe that port of export directly from their State such as wading birds, waterfowl, responsible, caring owners will kill or (see response to Comment 47 for muskrats, rabbits, opossum, raccoons, release them into the wild because they exporting explanation). Businesses may and even bobcats and white-tailed deer, can keep them. Breeders may still be switch to other species of snakes that they are probably just as likely to prey able to export through a port in their are not listed. Please see our response to upon the more common exotic species, own State (see response to Comment 47 Comment 12 on alternatives for such as feral cats and dogs, nonnative for exporting explanation). For breeders disposing of animals that you can no rats and mice, starlings, pigeons, who can no longer export, they may find longer keep. Owners are encouraged to collared doves, spiny-tailed iguanas, buyers in their own State. For find legal alternatives, such as trading green iguanas, cattle egrets, and information on how to find a home for species with someone in their own State muscovy ducks. a snake that a person can no longer who has a species that is not listed and Our Response: We agree that large keep, we posted some suggestions on who is able to keep a listed species in constrictor snakes, such as Burmese http://www.regulations.gov at the time that State. We emphasize that it will be pythons in the Everglades, can the proposed rule was published on lawful for pet owners to keep their pets potentially prey on other nonnative March 12, 2010 (separate file (if allowed by State law) but unlawful species, and that this could be beneficial ‘‘Questions and Answers’’). We to release them or transport them across to native wildlife. Snow et al. (2007) explained: State lines. reported that domestic cats, Old World ‘‘If you are in a position where you Regarding the statement that these rats, domestic chickens, and domestic must give up your pet [large constrictor snakes are nondangerous, we emphasize geese have been found in Burmese snake], and zoos and humane societies that we distinguish between python digestive systems in Florida. have declined your efforts to donate the ‘‘nondangerous,’’ which we assume the However, of greater conservation and animal, you should contact either your commenter means ‘‘does not harm management concern are the effects that State fish and wildlife agency or your people,’’ and ‘‘injurious,’’ which has a invasive species pose to native local U.S. Fish and Wildlife Service different meaning under the Lacey Act. populations of wildlife and wildlife office. These two government agencies We agree that these four species of resources—in particular, those that are are the legal authorities that co-manage snakes pose only a small risk of harm threatened and endangered or otherwise

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at risk of extinction (Clavero and Garcia- decline of species, and a distributed species and their habitats; and so on. Berthou 2005). Reed and Rodda (2009) network of determined keepers may We have determined that the four listed a total of 64 State-listed prove the only hope for the survival of species of large constrictor snakes threatened or endangered species at risk several of the species addressed. For covered by this rule are injurious. from Burmese pythons or other large example, the natural population of the Rule Will Not Be Effective constrictors in Florida alone. This Burmese python has been on a steady includes the highly endangered Key decline due to habitat loss. (20) Comment: This regulation change Largo wood rat, which has been found Our Response: The Service strongly will not make the established in the stomachs of Burmese pythons, supports ex-situ conservation programs population of Burmese pythons in and whose population may number only that are scientifically designed to Florida disappear. in the hundreds. As demonstrated in provide conservation benefits to species Our Response: We agree that this rule our injurious wildlife evaluation, we in their native range. The listing of these alone may not reduce the population of believe that the risks posed by large species as injurious will not prevent Burmese pythons in Florida and constrictor snakes to native wildlife and conservation breeding programs run by certainly not eliminate it. Similarly, it wildlife resources far outweigh the dedicated herpetologists and hobbyists may not reduce or eliminate the possible benefits they may have as from providing a conservation benefit to populations of northern African pythons predators of nonnative wildlife in the any of these species (see our response to in Florida. We do not expect that. United States. We do not have Comment 16). However it should reduce the populations of those species in information on what the other feral State Issue (Not Federal Government) constrictor snakes have eaten. The conjunction with control or negative effect of predation on rare (18) Comment: The constrictor snakes management programs. Furthermore, we species is greater than the effect on should be listed by individual States, do believe the rule will be effective in exotic species because any decrease in not by the Federal Government. other ways. See also our responses to populations of rare species makes it less Our Response: Many commenters Comments 21 and 22. likely for those populations to rebound. suggested that we should not list any of (21) Comment: Such a rule change (16) Comment: Some commenters these species and we should allow the disallowing the interstate trade of these own boa constrictors from regions of States to regulate these species as they species is counter-intuitive and a non Brazil that no longer have boa see fit. The Service is responsible for sequitur to ban trade between every constrictors due to deforestation. Many implementing and enforcing laws such other State in the Union. of the reptiles present in captive as the Lacey Act, under which authority Our Response: From our evaluation of collections are representative of we are listing these species. We believe each species (under section ‘‘Factors vanishing bloodlines of wild implementation of the injurious wildlife That Contribute to Injuriousness for populations of these species. They are provisions reflects the shared State- Burmese Python’’ and the other species conserving wild species. Federal governance of invasive species above), we believe that prohibiting the Our Response: One subspecies challenges facing the United States as interstate trade of these species along covered under this listing is known to originally intended by Congress. Since with prohibitions of further be significantly imperiled: the Indian these snakes have been found to be importations will reduce the risk of python (Python molurus molurus), injurious to human beings and to them becoming more widespread to new which is granted a higher level of wildlife and wildlife resources, we areas of the United States, including the protection under CITES than most other believe federally regulating movements territories and insular possessions. constrictor species or subspecies (all of these four species of constrictors into Please also see ‘‘Need for the Final species in the family Pythonidae are the United States and between States Rule’’ section above. listed in at least Appendix II; several are and territories is an important step in (22) Comment: The Lacey Act has listed in Appendix I). Indian python limiting their effects. The States and never stopped the introduction or (Python molurus molurus) is listed as other jurisdictions within the United eradicated the feral populations of any endangered under the U.S.’s States retain the ability to regulate these invasive species, which makes it wholly Endangered Species Act (ESA) because species as they determine appropriate ineffective in this case. it is endangered in its native range. within their boundaries. Our Response: The commenter is Listing these species as injurious will (19) Comment: Mere presence of a correct that no eradication of not impact legitimate conservation species does not equate the threat of established feral populations has been efforts that U.S. breeders can carry out harm, especially when individuals are accomplished merely by the listing of a for species that may be negatively cited in environments in which they species as injurious, but we did not impacted by natural and man-made cannot establish. If this is solid expect that result. Merely preventing events within their native range. In justification for listing a species as introductions of new individuals will general, the Service supports ex-situ injurious, the Service will need to list not result in the eradication of existing conservation efforts, such as captive every organism that has ever—and is populations (Burmese python and breeding, when done in a scientific ever—spotted outside of captivity in the Northern African python). The most manner for the conservation of a species United States. likely way for the injurious listing within its native range. The Act also Our Response: The Service undergoes provisions to be successful is if they are still allows export of listed species that a rigorous evaluation before determining applied before a species is present in the could be used in re-introduction that any species is injurious. Mere United States or in vulnerable parts of activities or other in-situ conservation presence does not qualify a species as the United States. The two other efforts. The Act allows for the issuance injurious. The Service evaluates each constrictor snake species listed as of permits authorizing interstate species based on numerous criteria (see injurious may be prevented from movement or imports for scientific or ‘‘Lacey Act Evaluation Criteria’’ section becoming established in Florida, as well zoological purposes, including above). We also consider the potential to as other vulnerable areas of the country. conservation breeding operations. survive, become established, and Furthermore, the purpose of listing the (17) Comment: Many keepers I know spread; likelihood of release or escape; four species in all areas of the country are concerned about the worldwide impact to threatened and endangered is to prevent any areas of the country

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that do not currently have the four procedure used by zoological and difficult for our zoo and others. species (see ‘‘Potential Introduction and educational institutions to obtain Ultimately, these species may have to be Spread’’ sections for each species above) permits for threatened and endangered eliminated from our collections. from becoming invaded. Fowler et al. species, so the institutions may already Our Response: As stated earlier, the (2007) discuss the effectiveness of the be familiar with the process. rule does not affect intrastate movement Lacey Act listings by looking at all of The commenter is correct that the of these species nor does it restrict the species that are currently listed as double-escape-proof container is a ownership or even captive breeding. It injurious. They state that, ‘‘None (0%) requirement of the permit. Moreover, is anticipated that most zoos that of the 7 species that were absent from this requirement applies not only when already have these species have the the country at the time of listing have the snake is being transported outside capacity to either breed animals already subsequently established populations, the zoo, but applies within the zoo as held at the zoo or obtain additional and two of the taxa that were present well. However, we have found that most specimens within their State. Zoos may only in captivity (raccoon dog and zoos that are already permitted for other become a primary beneficiary of brushtail possum) did not establish wild injurious species can easily comply constrictor snakes from owners who populations. [T]wo taxa that were with the requirements for a minimal decide to give up their pets because they established outside captivity at the time extra cost over the standard housing are moving out-of-State or for other of the listing (European rabbit and Java requirements for the species. However, reasons. If this is not sufficient, the Act sparrow) have not spread between states the containment of any injurious species does have provisions for obtaining since listing.’’ If the rule can prevent is consistent with the preventative specimens from other States or even introductions to any vulnerable parts of measures of the injurious wildlife from foreign sources. The Service the country, it will be effective. provisions of the Lacey Act. recognizes that the permitting process (24) Comment: The cost of specimen imposes some increased administrative Educational Use Curtailed replacement to zoos will increase costs and is committed to exercising (23) Comment: The rule will impact dramatically. available flexibilities under its Lacey educational outreach at zoos. Educators Our Response: The commenter Act permitting authority to minimize travel to neighboring States. Burmese provided no evidence that costs will permit application preparation and pythons are a flagship species for these increase dramatically or even at all. processing times and to reduce outreach education activities. Their Most of the listed species are available administrative costs. For example, we impressive size and docile disposition by breeders in most States and can be will do so by issuing permits that make them ideal to provide the basis for obtained without a permit. If authorize multiple interstate movements explaining complex ecosystems. importation is needed, zoos may obtain for educational purposes over extended Providing an opportunity for children to an importation permit. The cost of a periods. The Service is committed to closely view these animals is a permit is $100 for importation, which finding ways to minimize the time it tremendous opportunity for snakes and covers the whole shipment, even for takes for facilities to obtain other wildlife, and helps break the cycle multiple species and individuals. The authorization for interstate transport or of persecution that has caused declines cost is $25 for a permit to transport or importation so zoos can continue their in many snake populations throughout move animals from one exhibit to active management of these species. We the world. The Act as currently written another within a permitted institution do not believe that this listing would requires strict and uninterrupted double or between institutions that are already result in any zoo having to eliminate containment for injurious species. The permitted to maintain the same these species from their collections. inclusion of these four taxa of snakes on injurious species. The commenter did (26) Comment: With my collection, I the list of injurious wildlife will make not explain how often zoos replace do school and library visits to give kids the use of any of these forms in specimens, so we do not know how who generally do not get the chance to interstate education programs virtually much the cost will increase. Since most see these animals up close the impossible. of these species have lifespans in experience to see them. This in my Our Response: Zoos around the captivity of 20 to 30 years (see ‘‘Biology’’ mind is one step needed in educating country commonly use live animals at section of each species), we expect this people on wildlife conservation as well the zoo and off-site. The listing of the will not be a frequent need. As for the as responsible pet keeping. I take large four species will not prevent such use cost of the snakes, the commenter snakes and lizards to the kids from all within the home State of the zoo since provides no information that this will over the world where they would these species, such as Burmese pythons, increase, nor do we know whether the normally never be able to see them. If can continue to be used for education in price of these species on the market will you ban these reptiles, my life dream the home State with no permit increase, decrease, or remain will be ruined and I will not be able to necessary and no containment unchanged. Furthermore, zoos may continue my life mission to show requirements (unless there are State become a primary beneficiary of people these amazing creatures up requirements). constrictor snakes from owners who close. However, if zoo personnel want to decide to give up their pets because they Our Response: We recognize that travel across State lines with one of the are moving out-of-State or for another many people present large and small listed species, the Act would come into reason. live animal programs in communities all effect. The Act requires that the zoo (25) Comment: The rule will impact over the country. We agree that such obtain a permit to carry out any our non-outreach collection, the permit programs are important to teach interstate movement of a listed species preparation time, administrative costs, conservation and the value of wildlife. and the specimens being moved would permit fees, and time delays will be a However, this new rule will not prevent need to be in double-escape-proof major hindrance to continuing the these programs from occurring. containers. Permit applications to carry management of these species as part of Providing no State lines are crossed, you out interstate movement of listed the broader zoo network within the can continue your educational programs species for educational purposes can be Association of Zoos and Aquariums without the need for a permit from the submitted to the Service, along with an (AZA). This will make replacing Service. Furthermore, educators may application fee of $25. This is a similar specimens in a timely fashion extremely apply to the Service for a permit to

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transport these species across State lines (Burmese and North African pythons) Unintended Consequences for educational purposes. Lastly, (see our Final Environmental (29) Comment: Pet owners will release educators can also teach conservation Assessment 2012). State laws may be their snakes and the problem will be principles by using snake skins, photos, more stringent than Federal laws and worse. The Lacey Act will do nothing to and other tools to teach people about should not be confused with Federal help the problem; if anything, it would the problems of releasing nonnative laws. Our response to (1) above is that have an adverse effect on the species in the United States. We believe pet owners are free to locate a environment. Snake breeders who had conservation can be taught without the veterinarian in their own State. The pet been fully responsible beforehand may exact live specimens of every animal industry and veterinary organizations release their now worthless investments being discussed. could work together to help the owners into the wild in retaliation of the rule (27) Comment: This rule will of the four species to locate willing change. Caring snake owners that eliminate a reptile culture for future veterinarians within a reasonable cannot move across State lines with generations to share in. driving distance. Our response to (2) Our Response: The commenter did their beloved pets may instead release above is that people who are moving not explain how the reptile culture them as a means of avoiding forced would be eliminated. This rule will not should seek alternatives such as those euthanasia. The trust of responsible result in the elimination of reptile suggested in our response to Comment snake owners would be debilitated, and ownership or interest in reptiles. The 29. a large portion of snake owners listing does not prohibit ownership of The subject of violations under the deliberately becoming irresponsible these species or any other reptile Lacey Act has frequently been poses a much larger risk than a few species. While the listing will probably misunderstood and caused undue isolated irresponsible owners. result in fewer specimens of these consternation among animal owners. Our Response: Many commenters species being available commercially We will explain here how the Lacey Act stated that responsible owners would because the listing would reduce the will address the new injurious listings. release or euthanize their snakes if this rule passed. We do not believe that this economic incentive for some current A person would violate the injurious would be the case since pet owners will breeders from continuing to breed the wildlife provisions of the Lacey Act (18 still be allowed to keep their snakes and species, we do not believe that all U.S.C. 42) if he or she did one of the sell or give them away within their captive breeding would stop. It is an following with any one of the four State. We have posted some suggestions unfortunate aspect of the need to protect constrictor species listed as injurious: on http://www.regulations.gov at the our native wildlife and ecosystems by (1) Transported between the States, the time the proposed rule was published listing these species as injurious that District of Columbia, Hawaii, the on March 12, 2010 (see separate file some people or organizations that Commonwealth of Puerto Rico, or any ‘‘Questions and Answers’’), for how to currently possess these species would territory or possession of the United be affected. find a home for a snake that a person States by any means whatsoever; or (2) can no longer keep. Please see our Violations and Penalties imported into the United States from response to Comment 12, where they are another country. In either case, (28) Comment: If enacted, this repeated. rulemaking would have the notwithstanding there may be other With social networking so available unprecedented effect of putting as many laws being broken by the action that we on the Internet, a person moving to as a million American citizens in are not considering here, these another State could possibly find a possession of injurious wildlife and violations are considered misdemeanors reptile enthusiast in their current State subject to potential felony prosecution and carry penalties of up to 6 months to adopt the pet. When the person under the Lacey Act. It could effectively in prison and a $5,000 fine for an moved to the new State, the person create a new class of criminal out of individual or a $10,000 fine for an could contact reptile enthusiasts in the law-abiding American citizens. This organization under 18 U.S.C. 42. If, new State to see if any snakes were regulation would turn hobbyists’ current however, another law was also broken, available for adopting. While that is not activities into a Federal crime. the violation could become a felony the same as keeping the same snake, it Our Response: These listings under under 16 U.S.C. 3372, which carries does present a responsible alternative. the Lacey Act will have no effect on the higher penalties. For example, if the We believe that most people will majority of owners of these four species. owner of a Burmese python in Florida choose to keep their snakes and also, of Pet owners who keep their snakes didn’t have a permit as required by those owners who can’t because they are within their own State will not be Florida State law, and that person moving to another State or similar affected. Examples of owners who will transported the snake to another State, situation, they have options as be affected: (1) People who take their then the fact that the State law was presented above. While some pets to a veterinarian in another State; broken in the process of transporting it misinformed pet owners or breeders (2) people who wish to transport their across State lines makes it a title 16 might release their snakes, we do not pets across a State line, such as if the violation. Therefore, while it may put as believe that this will be widespread. owners are moving; and (3) people who many as a million American citizens in The Service believes that the potential keep large constrictor snakes as a possession of injurious wildlife, none illegal conduct of a few irresponsible business and sell to other States. will be in violation of the Lacey Act pet owners should not cause us to However, many States have laws against automatically. Furthermore, unless refrain from listing species that we have possessing wild animals, and these these people break laws under title 16, determined to be injurious. snakes may not be allowed into those they would not be subject to potential (30) Comment: This rule will create a States by State law anyway. Examples felony prosecution under the Lacey Act. lucrative black market in the trade of are Hawaii (all snakes), Florida (for Hobbyists’ current activities would not these nine species that will cost billions Burmese python, Northern and become crimes provided their snakes in tax dollars to enforce. Ultimately the Southern African pythons, and other stayed in-State or were exported directly animals will suffer. There will always species), Iowa (North African python out of the country from a designated be unscrupulous dealers who will take and all Eunectes spp.), and New York port within their State’s borders. advantage of prohibition.

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Our Response: The commenter that project are tied to measures of (35) Comment: It is not hard to provides no supporting evidence that a native wildlife ‘‘indicator’’ populations, understand why the USGS and black market will be created. Therefore, which are now being consumed and biologists would be strongly interested we assume that the commenter is basing reduced by these human-introduced in seeing more species added to the the statement on historical events with predators. Had the Service considered Injurious Wildlife List. They have other species. We do not know if a black the risk of the Burmese python under its decades of experience getting funding market will be created. We agree that Lacey Act listing authority 20 years ago, for injurious snake research; they are there will always be unscrupulous the agency might have prevented this expert at it. Because of this history and dealers who will take advantage of invasion. the fiscal incentives involved, there people. However, we believe that the Our Response: The South Florida exists a tangible potential for bias, pet owners prefer to be law-abiding Water Management District petitioned impropriety, and a lack of impartiality. citizens and would find legal ways of us to list the Burmese python in 2006 Due to the obvious possibility of conflict dealing with new situations. We should because the species was undermining of interest and bias, the USGS should note that this comment, as all others, their Everglades restoration effort. We have recused itself from the contract was based on the proposed rule with agree that, if we had listed the species and funding to create this report. So far, nine species of constrictor snakes. 20 years ago, the current problem might the USGS ‘‘report’’ provides the only (31) Comment: This rule will cause have been averted. This evidence gives scientific evidence (if one can actually airlines to embargo snakes. They will further support to list the other three call it scientific) that would justify any refuse to transport them. species of large constrictor snakes before Federal regulatory action regarding Our Response: We hope that this rule this situation happens with other these nine tropical snake species. does not influence airlines to implement species or with Burmese pythons in Our Response: The Service, the an unnecessary embargo on transporting other parts of the country. National Park Service, and the USGS snakes within the injurious wildlife carefully segregated their roles in this Political Pressure provisions of the Lacey Act (that is, rulemaking process so that policy intrastate or with a permit). It is our (34) Comment: Politics is running the objectives did not bias scientific results. understanding that, unrelated to this process. This entire movement is driven USGS does not undertake any regulatory rule or any injurious wildlife listing, by animal rights extremists with deep efforts associated with injurious wildlife there are some carriers that have pockets and a political agenda, and not so that it may concentrate specifically declined to transport live animals or science and reason. It is designed to end on the science of the issues. The Service specific dangerous animals. Shippers the trade in nonnative wildlife. and the National Park Service with the appropriate Federal permits, Our Response: We disagree that contracted with USGS to prepare the specifying how the animals should be politics is involved in this report on risk assessment because of transported in escape-proof containers, determination. We received a petition USGS’s extensive expertise on the should be able to find a carrier. from the South Florida Water subject. Part of this expertise comes Management District in 2006 to list the from their similar work on brown tree Environmental Threat Burmese python. They were concerned snakes, listed by Congress as injurious (32) Comment: The peer-reviewed about the ecological danger posed by in 1990. The risk assessment on the research (‘‘Giant Constrictors: Biological Burmese pythons to the health of the constrictor snakes provided an and Management Profiles and an Everglades. In our effort to address this extensive review of the literature of the Establishment Risk Assessment for Nine petition, we realized that other species species, and while this information was Large Species of Pythons, Anacondas, of large constrictors were becoming used by the risk assessment authors to and the Boa Constrictor’’) quantified the increasingly commonly found in provide measures of risk on each ecological risk that nine species of large Florida, and, therefore, we expanded species, the extensive literature review constrictor snakes pose to the United our evaluation to include other species. was also used separately by the States, looking at both the probability The Service has been criticized in the biologists who wrote the rule. Therefore, that the snakes would become past for being too late in listing species the rule and the risk assessment were established and the resulting as injurious. We took a proactive developed from independent scientific consequences. Burmese pythons will eat approach to prevent future problems. papers from authors all around the a wide variety of reptiles, birds, and The regulatory process to list the four world. mammals of all sizes, and can deplete species was guided by biologists. We In addition, the peer reviewers of the vulnerable species. received peer-reviewed scientific proposed rule and supporting Our Response: We agree that there is documentation (the risk assessment) documents state that the rule is an environmental threat to native from a separate bureau (see Response to scientifically justified and an species in the United States, including Comment 35 on USGS politics). We also appropriate step to protect native the territories and possessions. We have received comments from five wildlife in the United States from the explained this threat in our independent peer reviewers on the risks posed by the nine large constrictor Environmental Assessment and in the proposed rule and supporting snakes. The 2011 USGS document sections ‘‘Potential Impacts to Native documents. This rule is an action to entitled ‘‘Challenges in Identifying Sites Species (Including Threatened and regulate the importation and interstate Climatically Matched to the Native Endangered Species’’ for each species transport of four species of large Ranges of Animal Invaders’’ also above). We concur that this threat is part constrictor snakes that have been found underwent peer review before it was of the justification for listing the four to be injurious. Much of the trade in published. Please see also Comment 67 species as injurious. these species of snakes can continue on the USGS peer review process. (33) Comment: The Burmese python legally (except where States have their (36) Comment: The rule was steered invasion is an ecological calamity in own prohibiting laws). We received tens by the USGS. progress. It is directly undermining the of thousands of comments from both Our Response: The USGS’s role was multibillion-dollar, nationally animal rights supporters and pet trade to prepare one of the supporting supported Everglades restoration project supporters. We considered the documents (‘‘Giant Constrictors: because the monitoring and success of comments of all submitters equally. Biological and Management Profiles and

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an Establishment Risk Assessment for regarding our specific rule. To ensure be affected by causing a backlog of Nine Large Species of Pythons, their comments on S 373 are heard, the permit applications. Anacondas, and the Boa Constrictor’’). public should submit those comments Our Response: The Service’s Division The rule was written by the Service, to their Federal legislators. There are of Management Authority recently using the risk assessment document for also two companion bills in the House: conducted an extensive reorganization its excellent summaries of the biology of HR 2811 to ‘‘include constrictor snakes to specifically address how it is the four species, as well as for its of the species Python genera as an handling its workload. While processing assessment of the risks. However, the injurious animal,’’ and HR 511 to add time for any application can vary due to Service uses the criteria set forth by the large constrictors to the ‘‘injurious completeness of the application, current Aquatic Nuisance Species Task Force wildlife’’ list under the Lacey Act (title workload being handled by the (ANSTF 1996) to determine risks and its 18 U.S.C. 42(a)(1)). Division, or seasonal variations own injurious wildlife evaluation More Burdens on Service resulting from climatic factors, the criteria to determine which species Division is committed to processing any should be listed. The Service seriously (39) Comment: This proposal will injurious wildlife application in the considered each species, using most likely create more burdens on the most timely and efficient manner biological information compiled by the already taxed Office [Division] of possible. We anticipate that there would USGS risk assessment authors and other Management Authority and enforcement be fewer than 100 applications (if nine available information. Because the risk sections of the Service. species listed) requesting authorization Our Response: Both the Division of assessment authors did such a thorough to conduct activities under this rule, Management Authority and the Office of job of comprehensively compiling and applications would typically be Law Enforcement are fully prepared to literature (more than 600 references) on completed within 30 days. Since any handle any increase in work that may the nine species, we were able to utilize permit issued for interstate transport of the report extensively for our own result from this rule. We anticipate that the rule will not generate a significantly a listed species is valid for 1 year or injurious wildlife evaluation of the four more and covers a specific geographic species in this rule. This compilation of large increase in permit applications being submitted or increase in range where activities could occur, we references in one location greatly do not anticipate that a 30-day facilitated our evaluations but should inspections at the ports. Currently, the Division of Management Authority processing time would result in any not be construed that USGS influenced significant impacts to a zoo’s ability to our determinations. receives more than 6,000 applications and issues more than 20,000 permits carry out educational work outside their Misinterpretation of the Rule annually. Based on other listing State of operation. (37) Comment: The government does activities involving species that are Predecisional Proposed Rule not have the right to ban animals that traded more frequently than the listed (42) Comment: The proposed rule is are so widely kept as pets. It’s constrictors, the Division of predecisional. It is prejudicially unconstitutional. It is my constitutional Management Authority anticipates an constructed and telegraphs a right to be able to express myself and I increase of no more than one or two predetermined end. do that through reptiles. percent annually. Our Response: Many commenters While the listing of species as Our Response: By the nature of a believed that the rule will ban injurious that are already widely kept proposed rule (in general for all possession of the four species of and sold as pets will present unique law agencies), the agency publishes what it constrictor snakes. This is not true. An enforcement challenges with respect to is proposing to be the regulation. injurious wildlife designation prohibits interstate transport, the interception of Therefore, all proposed rules indicate importation into the United States and injurious wildlife to prevent both entry the agency’s position on a particular transport across State lines (including into the United States and spread of situation. A final rule may differ from the District of Columbia and U.S. such species once they are in the what an agency proposes, but it may be territories and possessions). Pet owners country constitutes an investigative exactly the same as the proposed rule. will be allowed to keep their pets, sell priority for Service Law Enforcement The purpose of the proposed rule is to them, or give them away within their when such transport represents a threat obtain additional information, give the own State, if allowed by State law. No to U.S. wildlife resources and habitat. public notice of the proposal, and give constitutional rights are being violated. The fact that this listing would create the public the opportunity for comment. additional work for enforcement officers We review all the comments for new Confusion With S 373 (Senate Bill 373) does not outweigh the ecological information and evaluation of our (38) Comment: S 373 should (or importance of addressing the problems proposal, as we did for this rule. In this should not) be enacted. created by the continued import and case, we received no information that Our Response: Many commenters interstate transport of these snakes. changed our evaluation of the four cited S 373 as the action they were (40) Comment: Will the Department of constrictor species. We clearly stated in commenting on. We assume these the Interior properly fund this rule our proposed rule that ‘‘We are commenters were referring to Senate bill change when more pressing and evaluating each of the nine species of 373, which was introduced by Senator immediate crises to the environment are constrictor snakes individually and will Bill Nelson of Florida in February 2009. happening? list only those species that we The bill passed a committee vote but Our Response: This comment is determine to be injurious.’’ Thus, we received no further action in Congress outside of the scope of the rule. The made it clear that we left it open for us and was not passed into law. The funding to support this rule change after to list fewer than nine species, or none Service was called to testify at a hearing it takes effect would be in the form of at all, if none was determined to be regarding this bill and to present law enforcement and permit processing. injurious based on new information. background information. The bill is a Please see our response to Comment 39, The five other species in the proposed separate but parallel action to the which addresses those subjects. rule (reticulated python, Service’s rule to list the constrictor (41) Comment: At our zoo, we are DeSchauensee’s anaconda, green snakes. We can only address comments concerned that the permit process will anaconda, Beni anaconda, and boa

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constrictor) remain under consideration www.pethobbyist.com in February or that we have made a good faith effort to for listing as injurious. March 2008. gather information from the public. If an agency feels that it could benefit • The Service was interviewed by from additional information before PIJAC about the NOI, and the interview Inconsistent Use of Injurious Wildlife proposing a rule, it may publish an was posted by ReptileChannel.com in Listings advanced notice of proposed 2008 (http://www.reptilechannel.com/ (44) Comment: The manner in which rulemaking (a Notice of Inquiry; NOI) to reptile-news/conservation-and-legal/ the Service has handled invasive gather more information. The new pijac-constrictor-regulations.aspx). The species has been inconsistent. For information is used to develop a Service explained why we were example, in Western Colorado, feral proposed rule. We published such a considering action, what information we ‘‘wild’’ horses and ring-necked notice on January 31, 2008 (73 FR 5784), were seeking, and how the public could pheasants are afforded wildlife from which we received more provide their information. This protection status. Both are information to apply to the proposed interview is still posted as of this nonindigenous, introduced, or invasive rule. writing. When we were asked ‘‘Why are species that compete with endemic (43) Comment: The Service failed to you also requesting economic species. make a good faith effort to gather new information?’’ we answered, ‘‘We Our Response: It is correct that some information. currently have little information about nonnative species, such as feral (wild) Our Response: The Service provided the value of domestic trade in these horses and ring-necked pheasants may ample notice and opportunity to species, and it is our responsibility as receive protection under other laws. The comment on the proposed action. Here part of this process to gather a range of protection for wild horses comes from are examples of the opportunities information on the species of interest. the Wild Free-Roaming Horses and provided by the Service to the public This includes economic data.’’ Burros Act of 1971 (Pub. L. 92–195). and stakeholders: • The Service was interviewed for a Congress gave authority to the Secretary • The Service published a Notice of story on the constrictor snake NOI, and of the Interior under this public law to Inquiry in the Federal Register on the story published in REPTILES manage and protect wild horses on January 31, 2008 (73 FR 5784), as an magazine (Vol. 16, No. 5; May 2008). lands managed by the Bureau of Land advanced notice of proposed • On March 12, 2010, we published Management and the Secretary of the rulemaking. It explained why we were in the Federal Register (75 FR 11808) Department of Agriculture for Forest considering listing the genera Python, the proposed rule to list nine species of Service lands. As for the pheasants, we Boa, and Eunectes (which included large constrictor snakes, all of which agree that pheasants compete with more species than the four that we are were included in the genera from the native species. However, it is not correct listing in this final rule), what NOI, and for which we asked for new that the Service affords them protection. information we needed, and how the information. We provided a 60-day In fact, the ring-necked pheasant is public could submit information to us. comment period for the public (ending specifically not protected under the We provided a 90-day comment period on May 11, 2010), also a standard length Migratory Bird Treaty Act and is also (ending April 30, 2008), which is a of time. We provided the proposed rule, exempt from the Wild Bird standard length of time. draft economic analysis, draft Conservation Act. Individual States, • On February 29, 2008, we environmental assessment, and risk however, such as Colorado, may provide participated in a panel discussion assessment to the public on http:// their own protections under State laws. arranged by the pet industry. www.regulations.gov. Permitting Representatives of the Pet Industry Joint • The Service met with the Small Advisory Council (PIJAC) were present. Business Administration (SBA) on April (45) Comment: The Service should Our representative opened the 20, 2010, to discuss what information support a law for reptiles modeled after discussion by stating: ‘‘This Notice of the SBA needed and what we needed. the Wild Bird Conservation Act of 1992. Inquiry is an information gathering This meeting was within the public Such a law would limit the importation process. I really want to stress that this comment period for the proposed rule. of wild reptiles into the USA while is NOT a proposed rule or action. As • The Service met with SBA on April allowing captive breeding of species part of processing the petition we 21 for a roundtable meeting with pet currently in the United States, and received to list Burmese pythons as industry, zoo, and medical research allowing the interstate and international injurious, we opened up this comment representatives. This meeting was transportation of captive-bred animals. period to gather information on within the public comment period for Our Response: The comment is especially which species, particularly the proposed rule. referring to the Wild Bird Conservation snakes such as the Burmese python, • Because of several requests for an Act of 1992 (WBCA), which allows for within these three genera might be a extension of the comment period, we obtaining a permit for personal pets threat to native wildlife and wildlife added another 30-day comment period under 50 CFR 15.25. The WBCA was resources. If there is a snake that has not from July 1 to August 2, 2010 (75 FR enacted on October 23, 1992, to ensure yet been imported into the United States 38069; July 1, 2010). that native populations of exotic bird that might pose a threat to native • We met with the SBA again on species are not negatively impacted by wildlife, this information would be very January 13, 2011, to discuss issues international trade to the United States. useful. By the way, we worked with raised by SBA during the public The Service may issue permits to allow PIJAC in addressing some of the comment periods. import of listed birds for scientific concerns, and we answered a short set In summary, the public has known research, zoological breeding or display, of Q&As with Reptiles Magazine. Please since January of 2008 that we were or personal pet purposes when the take a look when you get a chance— considering listing these three genera, or applicant meets certain criteria (such as http://www.reptilechannel.com/reptile- species from them, as injurious. We a personally owned pet of an individual news/conservation-and-legal/pijac- provided a total of 180 days for who is returning to the United States constrictor-regulations.aspx.’’ receiving public information and after being continuously out of the • We participated in several comment and participated in several country for a minimum of 1 year, except chatrooms with stakeholders on http:// meetings with stakeholders. We believe that an individual may not import more

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than two exotic birds under this of the listed species for the designer decision is deferred, as $14.7 to $30.1 paragraph in any year). The Service was clothing industry, such as for boots and million and a total annual decrease in given this authority by Congress. belts, will still be able to ship skins economic output as $42.0 to $86.2 However, the Service does not have a across State lines, export them, and million. similar authority from Congress under import them. We brought these high dollar figures the Lacey Act (18 U.S.C. 42). If, by the (48) Comment: The rule will ruin a $3 of ‘‘The Economist’’ and others to the words ‘‘support a law,’’ the commenter billion industry. attention of the Small Business is asking us to write a final rule that Our Response: This comment was Administration on April 20, 2010, and includes a permit process for pets, we based on the proposed rule, and the boa with SBA and the reptile industry (with cannot do that under our current constrictor, reticulated python, and pet industry, zoo, and medical research authority. By statute, we can approve three anaconda species were included representatives) on April 21, 2010, at a permits only for zoological, educational, in the economic calculations. The roundtable meeting (at which the medical, or scientific purposes. commenters did not explain how they representative of USARK was present). (46) Comment: If the permitting arrived at the $3 billion figure. While We specifically asked the reptile process is not made considerably more the Service is not sure of the basis of industry representatives for information efficient and flexible, individuals and this dollar amount, this figure was used on how the dollar figures were derived. institutions engaging in these purposes by USARK in a report to OMB on March We received no explanation then or are likely to be negatively impacted. 1, 2010: ‘‘The trade in high quality after. We do not know if that figure Our Response: We agree that the captive-bred reptiles is a $3 billion includes other species besides the nine permitting process must be an efficient dollar [sic] annual industry. The covered in the proposed rule, or if it and effective process to ensure that animals potentially addressed by rule includes indirect effects. However, we activities that are allowable under the change make up approximately 1⁄3 of the did locate some information on Act are authorized in a timely manner. total dollar value trade annually.’’ USARK’s Web site: ‘‘USARK Reptile The Division of Management Authority, Another significant dollar figure was Industry Economic Summary for the which is responsible for the permitting identified in an article in ‘‘The Office of Management & Budget RE: process under the Act, has recently Economist’’ (Feb. 11, 2010): ‘‘Revenue USFWS Proposed Rule Change to undergone a significant restructuring from the sale of boas and pythons Injurious Wildlife List of the Lacey Act; and organization. We do not anticipate amounts to around $1.6 billion–1.8 March 1, 2010.’’ This report, available to that the number of permit applications billion each year.’’ We point out that the the public but not directly provided to that will be generated due to this listing category of the ‘‘sale of boas and the Service, itemizes the captive would be significant. However, we pythons’’ did not specify what species breeding trade, for a total of $1.8 billion. believe that the restructuring of the were included, but most likely would Much of that sum is not specifically for Division will allow for a more efficient include ball pythons, which makes up the nine species in the proposed rule. and effective permitting process for all by far the largest segment (78.6 percent) For example, the $240,000 annual permit applications received by the of the three genera of constrictor snakes equipment sales could easily be used for Division, not only the ones requesting that were imported into the United other nonlisted snake species, or even authorization for activities otherwise States from 2008 to 2010 (see USFWS other reptiles, amphibians, small prohibited under this Act. Final Economic Analysis 2011) and are mammals, or fish. The ‘‘Annual high a very large segment of the domestic Economic Effect end animal sales $60 million’’ is a reptile trade. However, the same article separate line item from the ‘‘Present (47) Comment: Families dependent on in ‘‘The Economist’’ states, ‘‘The Asset Value of approximately 2 million reptile breeding businesses will lose recession, however, has hurt what used breeding age animals—$800,000,000.’’ It their businesses. to be a lucrative hobby. Fewer people is not clear why these are not included Our Response: Most commenters who want to splurge on snakes that cost with the breeding age animals. claimed an expected loss of business thousands, if not tens of thousands, of As stated above, our final economic did not explain why this would occur. dollars. According to Brian Barczyk, a analysis shows an annual retail value However, some did explain that they snake-breeder, demand for ‘‘pet-grade’’ decrease ranging from $14.7 to $30.1 sell one or more of the proposed species snakes, which cost under $50, has sunk million and an economic output mainly or entirely out-of-State or out of even more than demand for decrease of $42.0 to $86.2 million for the country. Some stated which species ‘‘investment-grade’’ ones, because the the nine species that we proposed to list they sell, and some did not specify. average person is hesitant to buy a new (USFWS Final Economic Analysis However, those breeders who specialize pet.’’ We also note that part of the snake 2011). While this is not insignificant, it in breeding only the species listed by breeding industry is for the sale of snake is a small fraction of the $1.8 billion this rule as injurious and who sell skins, and this part of the industry cited above. In addition, we note that mainly or entirely out-of-State or out of should not be affected (dead snakes or the importation of constrictor snakes of the country, we agree that this rule will parts thereof are not listed as injurious). the genera Python, Boa, and Eunectes greatly affect them. However, those We agree that our rule will negatively declined steadily from the peak in 2002 breeders who live in the States with affect some aspects of the reptile (the three genera = 233,705; 9 species = designated ports (Alaska, California, industry, but we have no evidence to 48,006 snakes) to the low in 2010 (the Florida, Georgia, Hawaii, Illinois, suggest that the prohibition on three genera = 83,940; 9 species = Kentucky, Louisiana, Maryland, importation and interstate 15,792 snakes; Fig. 1, USFWS Final Massachusetts, New Jersey, New York, transportation of four species of snakes Economic Analysis 2011). The decline Oregon, Tennessee, Texas, and will cause the ruin of a $3 billion in imports started well before we Washington) may continue to export industry or even to the extent of $1.6 received the petition in 2006 that through the designated port in their billion. On the contrary, our final initiated our regulatory process. It is State, although they may not continue to economic analysis shows the estimated unlikely that the reduced imports were ship to other States. For those breeders potential annual retail value losses due to our impending rule. The decline of other reptiles, this rule will not affect associated with all four listed species, in imports could be due to decreased them. Those breeders who supply skins plus the five species for which the availability of captive-bred or wild-

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caught snakes in the export countries, response to its 2008 Notice of Inquiry. individual sales has been obtained since the decreased demand in the United In addition, the Service misused the the availability of the draft economic States, or the availability of information it was provided by analysis. This information was used to domestically bred species. Thus, the respondents to the notice. revise the economic analysis. existing decline in importation seems to Our Response: Industry responses to (54) Comment: The Service also be unrelated to our regulatory process, the 2008 Notice of Inquiry (73 FR 5784; ignores pricing premiums for snakes, and future declines should not January 31, 2008) were a primary source particularly for color morphs, dwarfs, necessarily be attributed to the listing of of information for the economic etc. the four species. analysis. Trade association data were Our Response: The aggregate the only source for most of the sales and information available and provided by Economic Analysis price information in the economic the trade associations was insufficient to (49) Comment: The rule will have a analysis, and the associations are cited segment the market for different classes detrimental economic impact on repeatedly in the report. The Service of snake for the draft economic analysis. breeders and hobbyists, food producers, sought clarification of the data provided The knowledge that ‘‘pricing premiums and caging and accessories producers. by a trade association with a reach up to 60 times the price of a Our Response: The Service recognizes representative of the association and the ‘normal’ snake,’’ (PIJAC, 8/2/2010, that the rule will curtail imports and consultant who prepared the FWS–R9–FHC–2008–0015–4531.1, page interstate trade in the four snake submission. The additional information 4) suggests that there are at least two species. The supporting documentation obtained from the conversations was market segments for a species—one for accompanying this rule—the final applied in the draft economic analysis. ‘normal’ snakes and one for high-end Economic Analysis and the Final Many industry participants provided collectible snakes. We received Regulatory Flexibility Analysis— anecdotal information about their additional pricing information that more estimates the impacts on small situation or made quantitative accurately depicts pricing premiums, businesses, as required by the Small assertions. While informative, we and we used it in the revised economic Business Regulatory Enforcement cannot extrapolate anecdotal data about analysis. Fairness Act (SBREFA), and the benefits individuals or businesses to describe the (55) Comment: The Initial Regulatory and costs of the rule, as required by industry as a whole. However, in the Flexibility Analysis (IRFA) Executive Orders (E.O.) 13563 and final economic analysis, some anecdotal underestimates the economic impact on 12866. This analysis uses a regional information from the public comments small entities. input-output model to determine the is used to better depict potential Our Response: We revised the IRFA to impacts on supporting industries, such impacts. incorporate new information submitted as snake-related care and food suppliers. (52) Comment: The Service employs during the course of the public (50) Comment: The Service does not baseless assumptions to estimate the comment period. possess the information needed to do a information it lacks. (56) Comment: The IRFA does not credible benefit-cost or regulatory Our Response: Using informed discuss significant alternatives. flexibility analysis on rules regarding assumptions for reasonable ranges to fill Our Response: The subject of this constrictor snakes. data gaps is a well-recognized economic proposed rule is adding species to the Our Response: The data needs for technique. By applying a range of prices list of injurious species under the Lacey conducting a comprehensive analysis of and quantities, the economic analysis Act, at 50 CFR 16.15. Management of any industry are very intense. Most derives the approximate scale of retail feral snake populations is a much commenters agreed with our conclusion sales from the partial information broader topic that the Service is that there is very little reliable public available. The analysis is transparent vigorously pursuing but that is not information available about the snake and the assumptions can be easily within the purview of this rulemaking. industry. E.O. 12866 states that ‘‘Each replaced with more reliable information Therefore, the alternatives considered in agency shall base its decisions on the when it becomes available. Additional the environmental assessment are the best reasonably obtainable economic information, such as interstate sales only relevant choices. information’’ (Section 1.b.7). The from Florida, was received during the (57) Comment: The draft economic Regulatory Flexibility Act allows that most recent public comment period. analysis fails to quantify the benefits of the initial and final regulatory flexibility This information was used to revise the the proposed rule. analyses may contain ‘‘more general draft economic analysis to more Our Response: The benefits of the rule descriptive statements if quantification accurately depict the impact to industry. include both avoided costs of is not practicable or reliable’’ (5 U.S.C. Industry profiles were not submitted extirpating feral snake populations and 607). We received information during during public comment and are not maintained ecological services from the public comment period that we used publicly available. Therefore, some areas that might have been harmed by to prepare the final economic analysis. assumptions are still necessary in the released snakes. There is little While other information was also economic analysis. information available about either of received, it tended to be anecdotal, (53) Comment: The economic analysis these sources that would allow the describing impacts to a specific firm or ignores wholesalers, transporters, and quantification of benefits. OMB Circular individual, which is insufficient to vendors of food and ancillary A–4, guidance for implementing E.O. describe industry-wide impacts. equipment. 12866, recognizes that benefits are However, we used some anecdotal Our Response: The economic analysis rarely fully quantified and recommends information to better describe how some includes an input-output analysis that a qualitative discussion of the sources of firms or individuals will be impacted. takes into account all of the industries benefits. We added this discussion to The Service believes the analysis is that contribute to delivering the product the Final Economic Analysis. based on the best reasonably obtainable to the consumer. Wholesalers and (58) Comment: The draft economic information at this time. equipment used in the production of analysis lacks clarity in its exposition. (51) Comment: The Service ignored snakes for sale are included in the Our Response: The draft economic information submitted by industry input-output analysis based on retail analysis made available with the participants and trade associations in sales. Shipping cost information on proposed rule published in the Federal

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Register (75 FR 11808; March 12, 2010) Based upon what we know of the diet 45 °F (7.2 °C). Other minimum is only a small pre´cis of a much larger of Burmese pythons and other large temperatures were broken. It has been study. Per public comments received, constrictor snakes in their native ranges 70 years since there were such sustained the Service has added additional and in Florida, we believe that federally low temperatures. clarification to the Final Economic protected species, such as the Cape We explain here why the observation Analysis. Please refer to the full revised Sable seaside sparrow (Ammodramus that most of the large constrictors final economic analysis and regulatory maritimus mirabilis), Florida panther perished from the January 2010 flexibility analysis, which are available (Felis concolor coryi), and American unusually cold weather event in South in the docket for this rule (at http:// crocodile (Crocodylus acutus) are at risk Florida is misleading and speculative. www.regulations.gov under Docket No. of predation by these constrictors. Reed In the months since that unusual cold- FWS–R9–FHC–2008–0015). and Rodda (2009) lists a total of 64 weather event, hundreds of adults and State-listed threatened or endangered 24 Burmese python hatchlings were Biological species at risk from Burmese pythons or found alive and captured in Everglades (59) Comment: With the exception of other giant constrictors in Florida. National Park. During 2010, 322 predation by a Python molurus Please read the response to comment Burmese live or recently dead pythons bivittatus on endangered Key Largo number 65 below for economic costs were captured or removed from in and woodrats (Neotoma floridana smalli), (impacts). around Everglades National Park, of there is no evidence of significant (60) Comment: The majority of these which 67 were removed from October adverse environmental, human health, species have never been documented as 18 to December 31, 2010, which is many or economic impacts by these feral being introduced into new months after the cold spell ended. The populations. environments. Despite having been number of Burmese pythons found dead Our Response: We found ample detected in the vicinity of the in 2010 (322) is only a 10 percent occurrences of adverse effects by Everglades since the 1970s, Burmese reduction from numbers removed in pythons. Burmese pythons are large pythons are still limited to that general 2009 (367 total). A multi-agency effort is generalist predators that consume a area. under way to survey for and capture the wide variety of vertebrates in their Our Response: Of the four species Northern African python, another of the native range. Examination of the addressed in this rule, one is not yet constrictor snake species proposed for stomach contents of Burmese pythons reported in trade and another is listing as injurious that is now from in and around Everglades National involved in trade in very minor established west of Miami, before its Park has yielded 455 prey items amounts. Thus, their listing is intended range expands farther up the Florida composed of 340 mammals, 107 birds, to prevent their establishment in the peninsula. 8 crocodilians, and one unidentified wild through escapes or releases. The Reliable population estimates of any sample. These prey items included 60 remaining species, the Burmese python, of the large constrictor snake species in individual round-tailed muskrats is clearly established in southern south Florida before the cold (Neofiber alleni), a native species that Florida and has been observed in the temperatures occurred are nonexistent, researchers and National Park Service wild in 15 Florida counties and several and scientists do not have any biologists have not observed in other States with suitable climates for population estimates since the cold Everglades National Park for years and its establishment. Although individual spell. Therefore, it will be difficult to worry may be becoming extirpated. pythons had been regularly observed in judge the demographic impact of the In congressional testimony, Dr. Frank the Everglades region since the mid- cold temperatures. Subjectively, the Mazzotti, University of Florida, reported 1990s, it was not until 2006 that a freeze appears to have had a greater on declines in marsh rabbit abundance reproducing population was effect on pythons in the shallow marsh and round-tailed muskrats. He stated, documented to be present there. By that habitats, where underground and deep ‘‘In Everglades National Park the time, the population had become well water refuge was absent. It is known presence of pythons has been related to established over a sizeable area. that pythons can seek locations such as the absence of marsh rabbits and Florida (61) Comment: The Burmese python underground burrows, deep water such muskrats. We are very concerned about population in south Florida was as in canals, or similar microhabitats to impacts of pythons on Everglades fauna, significantly reduced by the 2009–2010 escape the cold temperatures. In a study and the difficulties involved in winter cold weather. conducted in the Everglades, nine of ten removing a large cryptic predator from Our Response: The comment is radio-tracked snakes in shallow marsh a large expansive wetland wilderness referring to two combined issues. One is habitat perished either from the cold area’’ (Mazzotti 2010). the fact that snakes are ectothermic temperatures or from complications In addition, two federally endangered (cold-blooded), meaning that their body experienced as a consequence of the species, the Key Largo woodrat and the temperature adjusts to be approximately cold (individuals were removed from wood stork (Mycteria americana), have what the surrounding air temperature is. the wild at that point, which may have been found in Burmese python stomach Thus, when the air temperature falls, a induced additional stress). However, samples. The limpkin (Aramus snake’s body temperature drops—unlike many live snakes were observed while guarauna) and white ibis (Eudocimus humans, who maintain a nearly conducting walking surveys for the albus), which are State-listed species of constant body temperature. This radio-tracked snakes. These snakes were special concern in Florida, have also biologic effect is true for native snakes apparently able to maintain body been identified in stomach contents of as well as the large constrictor snakes. temperatures using microhabitat Burmese pythons. Dove et al. (2011) The second issue is the record cold features of the landscape (Mazzotti et found 25 species of birds representing 9 temperatures during January of 2010. In al., 2010). avian orders from remains in digestive fact, according to NOAA National Large numbers of Burmese pythons in tracts of 85 Burmese pythons (Python Weather Service from Miami, January 2 the heart of the Everglades survived, as molurus bivittatus) collected in to 13, 2010, was the coldest 12-day evidenced by a mating aggregation of Everglades National Park; this included period since 1940 or earlier (NOAA four adults found in March 2010 and the federally endangered wood stork 2010). A record was set for 12 straight several large adults found in April 2010. and 4 species of State concern. days with the temperature at or below A gravid (pregnant) female northern

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African python was captured in the Bird ground vegetation. A large body size Our Response: The Fish and Wildlife Drive Basin Recharge area west of would also be a disadvantage for Service (Service), in partnership with Miami in January 2010 immediately predators that hunt actively on a regular many different organizations, has after the freeze. This snake was captured basis, because they would stand out organized and facilitated several multi- only after an unprecedented mass effort more. Neither of these situations is true stakeholder workshops to address the of more than 50 searchers looking for for the large constrictors, which are threats posed by pythons and help her as she escaped repeatedly into a primarily sit-and-wait predators and prioritize and coordinate management deepwater canal. Later (December 2010 which move along very low to the efforts. Goals for python management to January 2011) multi-agency efforts led ground. These attributes, combined with include preventing their spread, to the capture of several Northern the fact that these snakes have no eradication in select local areas, a public African pythons. Thus, the large similar ecological equivalents in the awareness campaign focusing on constrictors of several species continue United States with respect to size of responsible pet ownership, and overall to be present and to breed in south prey items they can consume, will make reduction or containment of invasive Florida. Surveys will be conducted in them a novel predator on naı¨ve wildlife snake populations. the next several years to begin that may otherwise not even have native Currently, a number of activities are quantifying the distribution and predators (such as Florida panther). being conducted by various agencies abundance of the population, but in the (63) Comment: Which of the nine and entities under limited budgets (that absence of comparable statistics from species of constrictor snakes are is, National Park Service (Everglades before the cold temperatures, definitely reproducing in the wild in the National Park), the Service, U.S. assessments of the cold weather impacts United States? Department of Agriculture, South will only be indirect and will involve Our Response: Of the four large Florida Water Management District, U.S. considerable speculation. Despite the constrictor snakes included in this final Geological Survey, Florida Fish and record cold, we know that many rule, those confirmed breeding in the Wildlife Conservation Commission, pythons and boas survived. If wild in the United States or its University of Florida, county thermoregulatory behavior or tolerance territories include the Burmese python governments, nongovernmental to cold is genetically based, we would and the Northern African python. organizations, and others) to reduce the expect large constrictor snake The Burmese python has been potential of the population increasing or populations to persist, rebound, and captured in many areas in Florida. In spreading further. These actions include possibly increase their genetic fitness South Florida, more than 1,334 live and but are not limited to, capture and and temperature tolerance as a result of dead Burmese pythons, including gravid removal; public education and natural selection pressures resulting (pregnant) females, have been removed awareness; spatial ecology and from the unusually cold weather from in and around Everglades National movement studies using radio conditions in south Florida in January Park in the last 10 years by authorized telemetry, satellite and GPS technology; 2010. agents, park staff, and park partners, diet (stomach content analysis); thermal (62) Comment: There is no scientific indicating that they are already biology (implanted data loggers); trap information indicating that large body established. development and trials; impacts size increases the likelihood that a Evidence of reproduction for Northern analysis; pilot studies: genetics, salinity species will become invasive. In fact, African python in the area known as the tolerance; and potential use of the opposite is likely the case since Bird Drive Basin Recharge Area west of unmanned aerial vehicles with thermal large-bodied animals are more readily Miami includes multiple size classes of infrared cameras to detect pythons in evident and thus more likely to be adult snakes of both sexes, at least 3 the field. removed from the environment before reproductive females, two hatchlings in The Service has spent $604,656 over they can establish a viable population. 2009, and a freshly shed skin from a a 3-year period (2007 to 2009) to design Our Response: The list of traits shared hatchling in 2010 plus recent captures python traps, deploy and maintain by the giant constrictors includes many also in the Bird Drive basin (December them, and educate the public in the of the traits that either increase the 2010 to January 2011) indicating Florida Keys to prevent the potential severity of their probable ecological survival after the cold weather in 2009 extinction of the endangered Key Largo impacts or exacerbate the challenge of to 2010. These observations represent woodrat at Crocodile Lake National controlling or eradicating them. The overwhelming evidence for an Wildlife Refuge. The South Florida cryptic coloration of these snakes is a established reproducing population of Water Management District has spent common form of camouflage where the Python sebae in Florida (Reed et al., $334,000 between 2005 and 2009 and snake is similar to its surroundings, 2010). Please see the final anticipates spending an additional making them very difficult to detect and environmental assessment for the $156,600 on research, salaries, and be removed from the environment. current status of verified observations, vehicles in the next several years. An Burmese pythons have established removals, and establishment of the large additional $300,000 will go for the viable populations partly because they constrictor snakes in the wild from the assistance of the U.S. Department of are hard to detect, have high USGS collection information in the Agriculture’s Wildlife Services, the reproductivity, and occupy a variety of United States and insular territories, animal damage control arm of USDA habitat types. Thus, in comparison to and the Early Detection and Distribution (part of USDA Animal and Plant Health potential invaders lacking these traits, Mapping System, University of Georgia, Inspection Service). The USDA Wildlife this group of snakes constitutes a in Florida. Research Center (Gainesville, Florida, particularly high risk. A large body size (64) Comment: Neither the State nor Field Station) has spent $15,800 in would be a disadvantage for an animal the Federal Government has made 2008–2009 on salaries, travel, and whose size sets it off from its substantial investments in strategic supplies. The USGS, in conjunction surrounding environment, such as a programs for the eradication or control with the University of Florida, has spent bear, which stands 1–1.2 m (3–4 ft) of Burmese python on the lands they more than $1.5 million on research; above ground level. Even the largest manage. In South Florida, the cost of radio telemetry; and the development, constrictors extend only a foot above eradication of the Burmese python has testing, and implementation of ground level, easily concealed by been relatively small. constrictor-snake traps. Miami-Dade

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County Parks and Recreation any length of time outside south Florida their native range may be more tolerant Department, Natural Areas Management unless they have the ability to find of cold temperatures and would and Department of Environmental appropriate burrows or cavities to allow presumably be more likely to Resources Management have spent hibernation for several months during successfully become established in $60,875 annually on constrictor snake the winter. Given that this snake is temperate areas of North America. The issues. The National Park Service has primarily a tropical and subtropical susceptibility to cold we observed may spent $317,000 annually on various species, it may not have evolved the reflect a tropical origin of the Florida programs related to constrictor snake behavior or physiology to successfully pythons or acclimatization of snakes to issues in the Everglades National Park. hibernate. warm southern Florida winters early in All these expenditures total $5.7 million Our Response: The winter of January life.’’ Given the climate flexibility from 2005 to approximately 2012, or 2010 was one of the coldest on record exhibited by the Burmese python in its roughly an average of $720,000 per year. in southern Florida. Burmese pythons native range (as analyzed through Many people have also volunteered were documented to tolerate these USGS’ climate-matching predictions in their time to search for and capture conditions. In the USDA study (Avery et the United States), we would expect snakes when funding was not available. al. 2010), two of nine (22 percent) of the new generations within the leading edge Although the agencies mentioned Burmese pythons survived the cold of the population’s nonnative range to above would prefer to eradicate these spell. This study was conducted in become increasingly adaptable and able invasive snakes, they recognize that Gainesville, Florida, 400 km (248.5 mi) to expand to colder climates. eradication is unlikely. As explained in north of the known range where they are (67) Comment: The ‘‘Reed and Rodda the ‘‘Control’’ section of Factors That currently reproducing; this region of Report’’ was only subject to an internal Reduce or Remove Injuriousness for Florida also experienced record cold review process. Any policy changes or Burmese Python, Kraus (2009) found no weather. The Mazzotti et al. (2010) legislation that will have an effect on examples of local populations of reptiles study, which was conducted within the the freedoms of American citizens that had been successfully eradicated. Everglades region, found that 1 of 10 should be based on sound scientific (65) Comment: The most effective and telemetered Burmese pythons survived evidence as well as the merit of a true least costly methods would focus on (10 percent) and 59 of 99 (60 percent) scientific peer review process. preventing establishment of any of nontelemetered pythons survived. Our Response: Dr. Susan Haseltine, potentially invasive species and would Subsequently there have been sightings Associate Director for Biology, USGS, include early detection and rapid and recent removals of Burmese responded to a press release issued by response (EDRR). Eradication of pythons and Northern African pythons a reptile-trade organization and an established populations is very rarely in south Florida, including a mating accompanying letter by a group of effective and always costly. aggregation of Burmese pythons with veterinarians and other scientists Our Response: We agree that EDRR one gravid female and four males (Snow regarding the USGS peer review programs can be of benefit once 2010). Therefore, despite the coldest process. She said, ‘‘The USGS provides prevention options have been exhausted winter on record since at least the 1940s unbiased, objective scientific or proven to be ineffective. Sometimes (NOAA 2010), south Florida still has information upon which other entities considered the ‘‘second line of defense’’ reproducing populations of nonnative may base judgments. To ensure after prevention, EDRR is a critical large constrictor snakes. While the objectivity, independent scientific component of any effective invasive abundance of pythons clearly declined review is required of every USGS species management program. When during this record cold winter, the publication. Standards require a new invasive species infestations are population has recovered rapidly in minimum of two reviews, and adequacy detected, a prompt and coordinated south Florida, where the average female of the author’s responses to reviews is containment and eradication response reaches reproductive maturity within 3 assessed by both research managers and can reduce environmental and years and can subsequently produce independent scientists within the economic impacts. This action results in more than 30 (but up to 107) eggs per USGS. The authors went well beyond lower cost and less resource damage clutch annually or biennially (Harvey et the requirements by soliciting reviews than implementing a long-term control al. 2008). from 20 reviewers (18 of them external program after the species is established. Dorcas et al. (2011) published another to the USGS). Reviewers comprised a Early detection of new infestations study in Biological Invasions. They large portion of the global expertise on requires vigilance and regular relocated 10 Burmese pythons from the both the biology of giant constrictor monitoring of the managed area and Everglades to an outdoor research snakes and the management of invasive surrounding ecosystem. An EDRR setting in South Carolina. The following snakes.’’ system will provide an important January, they all died. However, they The USGS follows mandatory second line of defense against invasive had not had a chance to acclimate to a fundamental science practices for peer animals that will work in concert with milder winter before getting hit with review, which can be read at the Federal efforts to prevent unwanted record cold. Dorcas et al. (2011) following Internet site: http:// introductions such as an injurious concluded: ‘‘Some pythons in our study www.usgs.gov/usgs-manual/500/502- wildlife listing under the Lacey Act. were able to withstand long periods of 3.html. This policy establishes the Prevention is why two of these large considerably colder weather than is requirements for peer review of USGS constrictor snakes not yet found to be typical for South Florida, suggesting information products and applies to all reproducing in the United States or that some snakes currently inhabiting USGS scientific and technical territories are included in this final rule. Florida could survive typical winters in information, whether it is published by (66) Comment: Two papers published areas of the southeastern United States the USGS or an outside entity. in the journal Biological Invasions, one more temperate than the region by USDA wildlife researchers and currently inhabited by pythons. Other another authored by scientists at several Moreover, our results are specific to (68) Comment: The Service has not research institutions including the translocated pythons from southern thoroughly considered the full University of Florida, have concluded Florida. Burmese pythons originating implications of the rule regarding effects that Burmese pythons can’t survive for from more temperate localities within on the pet industry.

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Our Response: We understand that United States’’ and ‘‘It could, however, certain situations. However, those the implications of this rule are make a felon out of a reptile enthusiast situations are more representative of complex. We have endeavored to in Wisconsin who sells one python to worst-case scenarios. There are a variety consider the need to list the four species an individual in Minnesota.’’ The of other laws that are often violated as injurious, as well as alternatives commenter stated that the Service has when people engage in illegal wildlife using the best available information. not made a case for the rule. trafficking, some of which are Federal Please see ‘‘Alternatives to Listing’’ Our Response: The memo that the felonies. However, a stand-alone below for an explanation of the commenter referred to was an violation of the interstate transport or alternatives that we considered. We information memorandum to the import prohibitions under 18 U.S.C. 42 have also made every effort to consider Service’s Director regarding the petition is a misdemeanor, not a felony. Please all of the indirect effects. to list the Burmese python from the also see our response to Comment (28) (69) Comment: Because the addition South Florida Water Management for an explanation of the misdemeanor of any species to the Lacey Act results District in 2006. The memo described and felony violations. in the nationwide ban of that species, a various options that the Service and nationwide impact study should be others could consider. The statements Alternatives to Listing performed. quoted by the commenter are verbatim. (72) Comment: This is a summary of Our Response: As explained above, However, at the time the memo was the alternatives suggested through the this rule does not create a nationwide written, the USGS risk assessment (Reed public comment process. Where noted, ban. The commenter did not explain and Rodda 2009) had not yet been they are explained further in the text of what type of nationwide impact study completed. No decision had been made the rule above. should be performed. We did, in fact, by the Service at the time of the memo. A. List some or all of the nine species, develop two nationwide impact studies, The Service’s memo acknowledges, ‘‘We but: an economic analysis and an expect to have the risk assessment—an 1. Exempt color and pattern genetic environmental assessment, drafts of essential first step in any evaluation for mutations of these snakes from the which we posted on http:// injurious designation—completed in listing as albinos, leucistics, etc. www.regulations.gov on March 12, 2010, approximately one year.’’ That was, Our Response: The commenter with the proposed rule, and final however, an underestimation of the time explains that albinos and leucistic versions of which are also available at it would take to prepare such a thorough (having reduced pigmentation) snakes http://www.regulations.gov under document and have it extensively peer- have a far lesser chance of survival in Docket No. FWS–R9–FHC–2008–0015. reviewed. Once that risk assessment was any wild environment. Not listing these We used the best available information completed, it became clear that all nine color and pattern mutations would have and we believe these impact studies are species should be evaluated by the a smaller financial impact on the sufficient. We are not required to do Service for possible listing as injurious. industry and no financial impact on the additional surveys ourselves, because The memo’s statement, ‘‘The injurious government. The commenter may be our standard is to use the best available species provisions of the Lacey Act were correct that such color variations may information. We believe we made a clearly not designed to deal with a have a lesser chance of survival in the good-faith effort to locate information species that is already a significant part wild. However, the survival differential (see also response to Comment 43). of the pet trade in the United States’’ is is unknown, so we have determined that (70) Comment: We requested a 90-day true in that the pet trade was not all color variations are at least the same extension of the comment period for the established to the degree it is today risk to the welfare of wildlife or wildlife proposed rule to provide our members when the Lacey Act was passed by resources of the United States. much needed time to provide Congress in 1900. That does not, Furthermore, if snakes escape to the comments, data, and analysis that will however, mean that the injurious wild, their offspring may not have the be instrumental to the Service’s final species provisions cannot be an same obvious color pattern and may decision. effective tool in invasive species perpetuate normally patterned Our Response: We received several management. The reason that the four populations given gene dominance, requests for an extension of the public species are being listed is that there are expression, and mutation. comment period for up to 90 days. We still vulnerable parts of the country 2. Exempt hybrids. granted an additional 30 days to the where the listing of each of the species Our Response: We realize that hybrids existing 60 days, for a total of 90 days may prevent their establishment. In often are worth significantly more for the proposed rule’s comment period. addition, three of the species are not money than the parent species We believe that amount of time was currently a significant part of the separately. Allowing hybrids would sufficient, even for a complex rule, constrictor pet trade, and the fourth preserve more of the income of some considering we were seeking similar species (Burmese python) comprises breeders. However, we have determined information to that for the 2008 notice only 2.6 percent of total constrictor that hybrids are at least the same risk as of inquiry (73 FR 5784; January 31, snake imports (for the genera Python, the parent species are to the welfare of 2008) and that for the second comment Boa, and Eunectes) for 2008 to 2010. wildlife or wildlife resources of the period ended on August 2, 2010—nearly Therefore, taking the proactive step to United States. The Wildlife Society 90 days after the first comment period list them as injurious species now will commented, ‘‘Hybrids between two ended. reduce the likelihood that their numbers invasive species are also invasive (71) Comment: One commenter will increase in the United States and themselves and must be listed as referred to a memo written in 2007 by pose a risk to native wildlife in the injurious along with the exotic parental a former Service Assistant Director and future. species. Hybrids maintain many of the Chief of Law Enforcement. The As for the comment from the memo, characteristics of the parent species; this comment quoted the memo, ‘‘The ‘‘It could, however, make a felon out of means that hybrids will retain an ability injurious species provisions of the a reptile enthusiast in Wisconsin who to reach the large sizes and continue the Lacey Act were clearly not designed to sells one python to an individual in voracious dietary habits of the parental deal with a species that is already a Minnesota,’’ that statement was also species, and they will cause as much significant part of the pet trade in the quoted correctly and is correct under damage to native threatened and

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endangered species and the 2010; USFWS Final Economic Analysis miskeeping or release of these animals environment as pure species ancestors. 2011), two other warm-weather in any State. Many closely related constrictor species southern ports (Los Angeles and Dallas- Our Response: These alternatives do are known to hybridize, and it is likely Fort Worth) also received imports of have potential for preventing accidental that many of the invasive constrictors thousands of some or all of the nine and intentional escapes. However, the noted in the proposed rule have this species. These three ports account for 98 Service does not have the authority to same ability. Some hybrid combinations percent of all imports of the nine issue permits for pets or for any use of may result in sterile offspring, however, species. Los Angeles and Dallas are injurious species other than for medical, some do remain fertile, which several within the climate match range of the zoological, educational, or scientific reptile breeders themselves attest to on Burmese python. For the four species purposes. their Web sites (i.e., http:// now being listed, the number of imports C. PIJAC offered to discuss options www.highendherps.com). Furthermore, are fewer. with the Service in detail including each individual snake still has the 7. The Service should consider paying developing a comprehensive, State-led capability of causing extensive damage restitution to or compensating these prevention and early detection and within its lifetime. One potentially people for their losses, by buying the rapid response program. destructive invasive species is the animals and the businesses that will no Our Response: Industry and State African rock python (Python sebae), longer exist, suddenly made worthless, partnerships are very important to the which has been captured in the wild at fair market value, and then debating Service and Department of the Interior west of Miami, Florida. In its native the question on how to dispose of those in our efforts to manage invasive range, this snake can reach lengths up animals. species. As examples, the Department to 20 feet, and it is known to attack Our Response: This rule does not signed a Memorandum of humans and farm animals. While this affect people’s ability to own, possess, Understanding with PIJAC in 2009 to snake has the potential to cause serious or transport snakes within States, if create public awareness—through such damage, it also poses an additional allowed by State law. Neither the public campaigns as HabitattitudeTM— threat because of its ability to hybridize Service nor the Department of the about the threat of invasive species and successfully with Burmese pythons Interior has programs or authorities to to promote responsible pet ownership (Python molurus), a species which has compensate people for losses that may practices to prevent the accidental or already established a sizable and be related to this injurious wildlife intentional release of invasive species growing population in Florida.’’ listing. The Service can work with the by pet owners. The Service also partners 3. Do not list the species Boa affected States and industry, and offer with States to develop a national aquatic constrictor. technical assistance to provide invasive species program, and we Our Response: We have not listed the environmentally risk-free approaches to support many State management actions species at this time. We will address disposing of constrictor snakes that through cost-share grants for this comment when we publish a businesses or pet owners are no longer implementation of State Aquatic determination of whether this species able to keep. Please also see our Nuisance Species Management Plans. should be listed as injurious. response to Comment 12 where we These partnerships with industry and 4. List regionally only where there is provide options for people to dispose of States are essential aspects of managing a climate match. snakes responsibly. the invasive species problem facing the Our Response: Creating this type of B. Do not list any of the species. nation. Also important is the Federal geographical restriction or exemption Instead: Government’s authority to regulate (or both) under the Lacey Act would 8. Let the States regulate their own importation and interstate transport of make enforcement of the regulations by captive wildlife, such as following species found to be injurious wildlife the Federal Government, in cooperation FWC’s comprehensive approach in under 18 U.S.C. 42. This authority is with the affected States, virtually Florida. one important aspect of an overall Our Response: Please see our impossible. national strategy to reduce the risks The authority to list regionally is response to Comment (18). 9. Allow the industry to self-regulate from introduction and spread of harmful unclear and untested. Moreover, it nonnative species (Lodge et al. 2006). would create a host of law enforcement and educate with the Internet, etc.; complications. United States Association of Reptile Required Determinations 5. Allow for the interstate travel for Keepers best management practices; Regulatory Planning and Review captive-bred animals. State and local risk assessment industry Our Response: Please see our best management practices (BMPs) as The Office of Management and Budget response to Comment (45). suggested by Dr. Frank Mazzotti; and (OMB) has determined that this rule is 6. Remove the status of the Port of HabitattitudeTM. significant under Executive Order (E.O.) Miami as an agricultural port and a port Our Response: We fully support all of 12866. OMB bases its determination of entry. Move the port of entry north, these suggestions and look forward to upon the following four criteria: maybe to one of the New England ports working with all entities that endorse (1) Whether the rule will have an where the weather will eradicate them. However, they are voluntary annual effect of $100 million or more on anything that would be lost or illegally actions and there is no guarantee that the economy or adversely affect an released. people will cooperate. These efforts economic sector, productivity, jobs, the Our Response: This alternative is have been available for many years, and environment, or other units of the beyond the scope of this rulemaking. while they are useful in many cases, we government. Furthermore, it is outside the authority believe that both voluntary and (2) Whether the rule will create of the Service. In addition, it is highly regulatory actions are necessary to inconsistencies with other Federal impractical. While Miami is the port safeguard our ecosystems with more agencies’ actions. with the most imports of the nine assurance. (3) Whether the rule will materially species of large constrictor snakes in the 10. Issue permits and registrations, affect entitlements, grants, user fees, proposed rule (75.4 percent from 1999 require microchipping, apply severe loan programs, or the rights and to 2007 and 86.7 percent from 2008 to fines and criminal charges, etc., for the obligations of their recipients.

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(4) Whether the rule raises novel legal (such as what portion of their sales ‘‘Indirect effects result from changes in or policy issues. depends on out-of-State sales or sales for suppliers to the directly Executive Order 12866 Regulatory imports), sales revenue would be affected businesses (including trade and Planning and Review (U.S. Office of reduced or eliminated, thus decreasing services at the retail, wholesale and Management and Budget 1993) and a total producer surplus compared to the producer levels. Induced effects are subsequent document, Economic situation without the regulation. associated with further shifts in Analysis of Federal Regulations under Consumers (pet owners or potential pet spending on food, clothing, shelter and Executive Order 12866 (U.S. Office of owners) would be affected by having a other consumer goods and services, as a Management and Budget 1996), identify more limited choice of constrictor consequence of the change in workers guidelines or ‘‘best practices’’ for the snakes or, in cases where species were and payroll of directly and indirectly economic analysis of Federal not available within their State, no affected businesses’’ (Weisbrod and regulations. With respect to the choice at all if out-of-State sales are Weisbrod 1997). The indirect and regulation under consideration, an prohibited. Consequently, total induced effects represent any multiplier analysis that comports with the Circular consumer surplus would decrease effects due to the loss of revenue. These A–4 would include a full description compared to the situation without the cost estimates include the various and estimation of the economic benefits regulation. Certain segments of society potential scenarios we considered. and costs associated with may value knowing that the risk to Businesses or individuals shipping implementation of the regulation. These natural areas and other potential listed species across State lines could benefits and costs would be measured impacts from constrictor snake face penalties for Lacey Act violations. by the net change in consumer and populations is reduced by implementing The penalty for a Lacey Act violation is producer surplus due to the regulation. the regulation. In this case, consumer not more than 6 months in prison and Both producer and consumer surplus surplus would increase compared to the not more than a $5,000 fine for an reflect opportunity cost as they measure situation without the regulation. If individual, and not more than a $10,000 what people would be willing to forego comprehensive information were fine for an organization. (pay) in order to obtain a particular good available on these different types of Under this final rule, the probability or service. ‘‘Producers’ surplus is the producer and consumer surplus, a of large constrictor snakes establishing difference between the amount a comparison of benefits and costs would populations outside of their current U.S. producer is paid for a unit of good and be relatively straightforward. However, locations should decrease compared to the minimum amount the producer information is not currently available on the no action alternative. The change in would accept to supply that unit. these values so a quantitative probability is unknown. Consumers’ surplus is the difference comparison of benefits and costs is not Alternatives Considered between what a consumer pays for a possible. unit of a good and the maximum The data currently available is limited The draft economic analysis amount the consumer would be willing to the number of constrictor snake considered two other alternatives, in to pay for that unit (U.S. Office of imports each year, the estimated addition to listing all (Alternative 2) or Management and Budget 1996, section number of constrictor snakes bred in the none (Alternative 1) of the nine species C–1).’’ United States, and a range of retail under consideration. Alternative 3 Large constrictor snakes are prices for each constrictor snake would list the seven species known to commonly kept as pets in U.S. species. Using data for the three genera be in trade in the United States (that is, households, displayed by zoological Python, Boa, and Eunectes, we provide all but the Beni and DeSchauensee’s institutions, used for science and the value of the foregone snakes sold as anacondas). Alternative 4 would list the research, and used as educational tools. a rough approximation for the social five species judged to have a high Because none of the four species listed cost of this final rulemaking. We ‘‘overall risk potential’’ in the USGS by this rule is native to the United provide qualitative discussion on the evaluation (Reed and Rodda 2009), States, the species are obtained by potential benefits of this rulemaking. In while excluding the four species judged importing or breeding in captivity. We addition, we used an input-output to have a medium overall risk potential provided a draft economic analysis to model in an attempt to estimate the (that is, the two nontraded species, plus the public at the time the proposed rule secondary or multiplier effects of this the green anaconda and reticulated was published (on http:// rulemaking—job impacts, job income python). www.regulations.gov at Docket No. impacts, and tax revenue impacts For the final economic analysis, we FWS–R9–FHC–2008–0015) and offered (discussed below). split Alternative 2 into 2A (the nine two public comment periods totaling 90 With this rule, the importation and species proposed for listing) and 2B (the days. Using the comments we received interstate transport of four species of four species addressed in this final on the draft economic analysis and new large constrictor snakes (Burmese rule). This allows the Service to move information we acquired, we revised the python, Northern African python, forward with the listing of four species, economic analysis and provided the Southern African python, and yellow while the other five remain under final version on http:// anaconda) will be prohibited from consideration. www.regulations.gov at Docket No. importation and interstate transport, Compared to the alternative of listing FWS–R9–FHC–2008–0015. We provide except as specifically permitted. The all nine species (2A), Alternative 3 a summary here. annual retail value losses as a result of would have no effect on current sales In the context of the regulation under this rule are estimated to range from revenues or indirect economic impacts consideration, the economic effects to $3.7 million to $7.6 million. from the loss of such revenues, since three groups would be addressed: (1) The broad indicator of the economic there are currently no sales revenues Producers; (2) consumers; and (3) impacts of the alternatives, economic from these two species. It would, society. With the prohibition of imports output or aggregate sales, includes three however, allow consumers to substitute and interstate shipping, producers, types of effects: direct, indirect, and these two species (in addition to the breeders, and suppliers would be induced. The direct effects are the many other substitute species already affected in several ways. Depending on changes in annual retail value due to the available) for the purchase of the the characteristics of a given business implementation of a given alternative. prohibited species, thus reducing

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economic impacts to the degree that Regulatory Flexibility Act rulemaking would result in 14 to 19 there would be substitute purchases of Under the Regulatory Flexibility Act small businesses (20 percent) having a these two species. However, the (as amended by the Small Business reduction in their retail sales of 3 possibility of substitute purchases is Regulatory Enforcement Fairness Act percent. itself a potential problem in that the two [SBREFA] of 1996) (5 U.S.C. 601 et seq.), In addition to companies that import currently nontraded species are so whenever a Federal agency is required snakes, entities that breed and sell large similar in appearance to the green and to publish a notice of rulemaking for constrictor snakes will also be impacted. These entities include distributors, yellow anacondas that it would be any proposed or final rule, it must retailers, breeders and hobbyists, and difficult for enforcement officials to prepare and make available for public exhibitors and trade shows. We do not distinguish green or yellow anacondas comment a regulatory flexibility know the total number of businesses, that were mislabeled as Beni or analysis that describes the effect of the large or small, that sell or breed the DeSchauensee’s anacondas. In addition, rule on small entities (that is, small listed four species domestically. acting to prevent the importation of businesses, small organizations, and However, we know approximately the these two species before trade in them small government jurisdictions). number of businesses that sell or breed emerges means that environmental However, no regulatory flexibility large constrictor snake species of the injury from them can be prevented, analysis is required if the head of an genera Python, Boa, and Eunectes and which is far more effective than waiting agency certifies that the rule would not that overall, the nine listed species until after injury has already occurred to have a significant economic impact on originally proposed represent 58 percent act to limit it. a substantial number of small entities. of all U.S.-bred large constrictor snake Alternative 4 (listing only the five Thus, for a regulatory flexibility analysis sales of those three genera. Because we species determined to have a high to be required, impacts must exceed a do not know exactly how many ‘‘overall risk potential’’ in Reed and threshold for ‘‘significant impact’’ and a businesses sell the listed species, we Rodda (2009)) would limit the rule to threshold for a ‘‘substantial number of extrapolated the percentage of sales to the species with the greatest potential small entities.’’ See 5 U.S.C. 605(b). determine the number of affected SBREFA amended the Regulatory for environmental injury. Of the four businesses. Thus, we assume that 16 to Flexibility Act to require Federal species that would not be listed under 22 percent of businesses sell or breed agencies to provide a statement of the this alternative, two are not currently in the four snake species in this final rule factual basis for certifying that a rule trade in the United States, and one (the and that approximately 62 to 85 percent would not have a significant economic green anaconda) is in very limited trade of these entities would qualify as small impact on a substantial number of small (less than half a percent of imported businesses. Therefore, approximately entities. A Final Regulatory Flexibility constrictor snakes of the genera Python, 979 to 2,874 small businesses would be Analysis, which we briefly summarize Boa, and Eunectes). Of the four that affected. Impacts to this group of below, was prepared to accompany this would not be listed, only the reticulated businesses as a whole could represent a rule. See ADDRESSES or http:// python is the subject of noticeable trade, 16 to 22 percent reduction in retail www.regulations.gov under Docket No. and that is less than 4 percent of value. FWS–R9–FHC–2008–0015 for the In addition to snake sales, ancillary imported constrictor snakes of the complete document. genera Python, Boa, and Eunectes. The and support services comprise part of This rule lists four constrictor snake the snake industry. Four major economic impact of the five-species species: (Burmese python, Northern alternative (Alternative 4) would be less categories include: (1) Food suppliers African python, Southern African (such as for frozen or live rats and than the nine-proposed-species python, and yellow anaconda) as mice), (2) equipment suppliers (such as alternative (2A) primarily because of the injurious species under the Lacey Act. for cages, containers, lights, and other exclusion of the reticulated python; less Entities impacted by the listing would nonfood items), (3) veterinary care and than the seven species in Alternative 3, include: (1) Companies importing live other health-related items, and (4) primarily because of the exclusion of snakes, gametes, viable eggs, and shipping companies. The decrease in the reticulated python; but greater than hybrids; (2) companies (breeders and constrictor-snake-industry economic the four species in Alternative 2B, wholesalers) with interstate sales of live output and related employment from primarily because the boa constrictor is snakes, gametes, viable eggs, and baseline conditions is $10.7 to 21.8 included. The relative level of risk hybrids (3) entities selling reptile- million for the four species. This associated with each species is related products and services (pet estimate includes impacts to the support determined by the criteria specified in stores, veterinarians, and shipping service businesses. The number of the section Lacey Act Evaluation companies); and (4) research businesses that provide these services to Criteria above. Even in the case of those organizations, zoos, and educational the large constrictor snake market is species with medium risk, the particular operations. Importation of the four unreported. Thus, we do not know the areas where the climate match occurs constrictor snakes would be eliminated, impact to these types of individual are notable for the number of except as specifically authorized. businesses. endangered species found there (e.g., Impacts to entities breeding or selling Under the final rule, the interstate Hawaii, southern Florida, and Puerto these snakes domestically would transport of the four constrictor snakes Rico). That fact, the potential that depend on the amount of interstate sales will be discontinued, except as yellow anacondas would be difficult for within the constrictor snake market. specifically permitted. Thus, any enforcement officials to distinguish if Impacts also are dependent upon revenue that would be potentially mislabeled as DeSchauensee’s whether or not consumers would earned from this portion of the business anacondas, and the fact that the substitute the purchase of an animal will be eliminated. The amount of sales opportunity to act preventively before that is not listed, which would thereby impacted is completely dependent on most of these species became reduce economic impacts. the percentage of interstate transport. established would be lost under this For businesses importing any of the That is, the impact depends on where alternative, and all of these factors four large constrictor snakes in this final businesses are located and where their argued against its adoption. rule, the maximum impact of this customers are located.

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Therefore, this final rule may have a Property Rights), the rule does not have Paperwork Reduction Act of 1995 (44 significant economic effect on a small significant takings implications. A U.S.C. 3501 et seq.) number of small entities as defined takings implication assessment is not This rule does not contain any new under the Regulatory Flexibility Act (5 required. This rule would not impose collections of information that require U.S.C. 601 et seq.). significant requirements or limitations approval by OMB under the Paperwork on private property use. Any person Reduction Act of 1995 (44 U.S.C. 3501 Small Business Regulatory Enforcement who possesses one or more snakes from Fairness Act et seq.). This rule will not impose new the four species can continue to possess, recordkeeping or reporting requirements This rule is not a major rule under 5 sell, or transport them within their State on State or local governments, U.S.C. 804(2), the Small Business boundaries. individuals, businesses, or Regulatory Enforcement Fairness Act. organizations. OMB has approved the This rule: Federalism a. Would not have an annual effect on In accordance with E.O. 13132 information collection requirements the economy of $100 million or more. (Federalism), this rule does not have associated with the required permits According to the final economic Federalism implications. This rule and assigned OMB Control No. 1018– analysis (USFWS 2011), the annual would not have substantial direct effects 0093. An agency may not conduct or retail value losses for the four on States, on the relationship between sponsor, and a person is not required to constrictor snake species in this final the Federal Government and the States, respond to, a collection of information rule are estimated to range from $3.7 or on the distribution of power and unless it displays a currently valid OMB million to $7.6 million. In addition, responsibilities among the various control number. businesses would also face the risk of levels of government. The rule does not National Environmental Policy Act fines if caught transporting these have substantial direct effects on States We have reviewed this rule in constrictor snakes, gametes, viable eggs, because it: (1) Imposes no affirmative accordance with the criteria of the or hybrids across State lines. The obligations on any State, (2) preempts National Environmental Policy Act (42 penalty for a Lacey Act violation under no State law, (3) does not limit the U.S.C. 4321 et seq.) and the the injurious wildlife provisions is not policymaking discretion of the States, Departmental Manual in 516 DM. This more than 6 months in prison and not (4) requires no State to expend any action is being taken to protect the more than a $5,000 fine for an funds, and (5) imposes no compliance natural resources of the United States. A individual and not more than a $10,000 costs on any State. Executive Order final Environmental Assessment and a fine for an organization. 13132 requires Federal agencies to Finding of No Significant Impact b. Would not cause a major increase proceed cautiously when there are (FONSI) have been prepared and are in costs or prices for consumers, ‘‘uncertainties regarding the available for review by written request individual industries, Federal, State, or constitutional or statutory authority of (see ADDRESSES local government agencies, or the national government,’’ but there are ) or at http:// geographic regions. Businesses breeding no such uncertainties here. The www.regulations.gov under Docket No. or selling the listed snakes would be statutory authority of the Fish and FWS–R9–FHC–2008–0015. The final able to substitute other species and Wildlife Service to designate injurious environmental assessment was based on maintain business by seeking unusual species pursuant to the Lacey Act is the nine proposed species of snakes and morphologic forms in other snakes. clear, and the constitutional basis for revised based on comments from peer Some businesses, however, may close. the Lacey Act (a statute that has been in reviewers and the public. By adding We do not have data for the potential effect since 1900) is equally clear, Burmese python, Northern African substitutions and therefore, we do not limited as it is to the regulation of python, Southern African python, and know the number of businesses that international and interstate commerce. yellow anaconda to the list of injurious may close. The Executive Order also encourages wildlife, we intend to prevent their new c. Would not have significant adverse early consultation with State and local introduction, further introduction, and effects on competition, employment, officials, which the Service has done. establishment into natural areas of the investment, productivity, innovation, or Indeed, this rulemaking was initiated by United States to protect native wildlife the ability of United States-based petition from an agency of the State of species, the survival and welfare of enterprises to compete with foreign- Florida. Therefore, in accordance with wildlife and wildlife resources, and the based enterprises. Executive Order 13132, we determine health and welfare of human beings. If that this rule does not have Federalism we did not list these constrictor snakes Unfunded Mandates Reform Act (2 implications or preempt State law, and as injurious, the species are more likely U.S.C. 1501 et seq.) therefore a Federalism summary impact to expand in captivity in States where This proposed rule would not impose statement is not required. they are not already found in the wild; an unfunded mandate on State, local, or this would increase the risk of their Civil Justice Reform tribal governments or the private sector escape or intentional release and of more than $100 million per year. This In accordance with Executive Order establishment in new areas, which proposed rule would not have a 12988, the Office of the Solicitor has would likely threaten native fish and significant or unique effect on State, determined that the rule does not wildlife, and humans. Burmese pythons local, or tribal governments or the unduly burden the judicial system and and Northern African pythons are private sector. A statement containing meets the requirements of sections 3(a) established in southern Florida. the information required by the and 3(b)(2) of the Executive Order. The Releases of the four constrictor snakes Unfunded Mandates Reform Act (2 rule has been reviewed to eliminate into natural areas of the United States U.S.C. 1501 et seq.) is not required. drafting errors and ambiguity, was are likely to occur again, and the species written to minimize litigation, provides are likely to become established in Takings a clear legal standard for affected additional U.S. natural areas such as In accordance with E.O. 12630 conduct rather than a general standard, national wildlife refuges and parks, (Government Actions and Interference and promotes simplification and burden threatening native fish and wildlife with Constitutionally Protected Private reduction. populations and ecosystem form,

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function, and structure. The reticulated Effects on Energy PART 16—[AMENDED] python, green anaconda, Beni anaconda, On May 18, 2001, the President issued DeSchauensee’s anaconda, and boa Executive Order 13211 on regulations ■ 1. The authority citation for part 16 constrictor remain under consideration that significantly affect energy supply, continues to read as follows: for listing. distribution, and use. Executive Order Authority: 18 U.S.C. 42. Government-to-Government 13211 requires agencies to prepare Relationship With Tribes Statements of Energy Effects when ■ 2. Amend § 16.15 by revising paragraph (a) to read as follows: In accordance with the President’s undertaking certain actions. This rule is memorandum of April 29, 1994, not expected to affect energy supplies, § 16.15 Importation of live reptiles or their Government-to-Government Relations distribution, and use. Therefore, this eggs. with Native American Tribal action is a not a significant energy (a) The importation, transportation, or Governments and the Department of the action, and no Statement of Energy acquisition of any live specimen, Interior’s manual at 512 DM 2, we Effects is required. gamete, viable egg, or hybrid of the readily acknowledge our responsibility References Cited species listed in this paragraph is to communicate meaningfully with recognized Federal tribes on a A complete list of all references used prohibited except as provided under the government-to-government basis. In in this rulemaking is available on the terms and conditions set forth in accordance with Secretarial Order 3206 Internet at http://www.regulations.gov § 16.22: of June 5, 1997 (American Indian Tribal under Docket No. FWS–R9–FHC–2008– (1) Boiga irregularis (brown tree Rights, Federal-Tribal Trust 0015. snake). Responsibilities, and the Endangered Authors (2) Python molurus (including P. Species Act), we readily acknowledge molurus molurus (Indian python) and P. our responsibilities to work directly The primary authors of this rule are molurus bivittatus (Burmese python). with tribes in developing programs for the staff members of the South Florida (3) Python sebae (Northern African healthy ecosystems, to acknowledge that Ecological Services Office (see python or African rock python). tribal lands are not subject to the same ADDRESSES). controls as Federal public lands, to (4) Python natalensis (Southern List of Subjects in 50 CFR Part 16 remain sensitive to Indian culture, and African python or African rock python). to make information available to tribes. Fish, Imports, Reporting and (5) Eunectes notaeus (yellow We have evaluated potential effects on recordkeeping requirements, anaconda). federally recognized Indian tribes and Transportation, Wildlife. * * * * * have determined that there are no Regulation Promulgation potential effects. This rule involves the Dated: January 10, 2012. importation and interstate movement of For the reasons discussed in the Eileen Sobeck, three live python species and one live preamble, the U.S. Fish and Wildlife Acting Assistant Secretary for Fish and anaconda species, gametes, viable eggs, Service proposes to amend part 16, Wildlife and Parks. or hybrids. We are unaware of trade in subchapter B of chapter I, title 50 of the [FR Doc. 2012–1155 Filed 1–18–12; 4:15 pm] these species by tribes. Code of Federal Regulations, as follows: BILLING CODE 4310–55–P

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