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Anyone is able to search the Issued: March 5, 2010. made final, interstate transportation electronic form of all comments Stephen R. Kratzke, could be authorized for scientific, received into any of our dockets by the Associate Administrator for Rulemaking. medical, educational, or zoological name of the individual submitting the [FR Doc. 2010–5177 Filed 3–11–10; 8:45 am] purposes. comment (or signing the comment, if BILLING CODE P DATES: We will consider comments we submitted on behalf of an association, receive on or before May 11, 2010. business, labor union, etc.). You may ADDRESSES: You may submit comments review DOT’s complete Privacy Act DEPARTMENT OF THE INTERIOR by one of the following methods: Statement in the Federal Register at 65 • Federal eRulemaking Portal: http:// FR 19477, April 11, 2000, or you may Fish and Wildlife Service www.regulations.gov. Follow the visit http://www.regulations.gov. instructions for submitting comments to 50 CFR Part 16 Docket No. FWS-R9-FHC-2008-0015. If you wish Docket Management to • notify you upon its receipt of your RIN 1018-AV68 U.S. mail or hand-delivery: Public Comments Processing, Attn: Docket No. comments, enclose a self-addressed, [FWS-R9-FHC-2008-0015] stamped postcard in the envelope FWS-R9-FHC-2008-0015; Division of [94140-1342-0000-N3] Policy and Directives Management; U.S. containing your comments. Upon Fish and Wildlife Service; 4401 N. receiving your comments, Docket Injurious Wildlife Species; Listing the Fairfax Drive, Suite 222; Arlington, VA Management will return the postcard by Boa Constrictor, Four Python Species, 22203. mail. and Four Anaconda Species as We will not accept e-mail or faxes. We Injurious Reptiles How do I submit confidential business will post all comments on http:// information? AGENCY: Fish and Wildlife Service, www.regulations.gov. This generally Interior. means that we will post any personal If you wish to submit any information ACTION: Proposed rule; availability of information you provide us (see the under a claim of confidentiality, send draft environmental assessment and Public Comments section below for three copies of your complete draft economic analysis. more information). submission, including the information FOR FURTHER INFORMATION CONTACT: you claim to be confidential business SUMMARY: The U.S. Fish and Wildlife Supervisor, South Florida Ecological information, to the Chief Counsel, Service (Service) proposes to amend its Services Office, U.S. Fish and Wildlife National Highway Traffic Safety regulations to add Indian python Service, 1339 20th Street, Vero Beach, Administration, 1200 New Jersey (Python molurus, including Burmese FL 32960-3559; telephone 772-562-3909 Avenue, SE., Washington, DC 20590. python Python molurus bivittatus), ext. 256. If you use a Include a cover letter supplying the reticulated python (Broghammerus telecommunications device for the deaf information specified in our reticulatus or Python reticulatus), (TDD), please call the Federal confidential business information Northern African python (Python Information Relay Service (FIRS) at 800- regulation (49 CFR part 512). sebae), Southern African python 877-8339. (Python natalensis), boa constrictor (Boa SUPPLEMENTARY INFORMATION: In addition, send two copies from constrictor), yellow anaconda (Eunectes which you have deleted the claimed notaeus), DeSchauensee’s anaconda Previous Federal Action confidential business information to (Eunectes deschauenseei), green On June 23, 2006, the Service Docket Management, 1200 New Jersey anaconda (Eunectes murinus), and Beni received a petition from the South Avenue, SE., West Building, Room anaconda (Eunectes beniensis) to the list Florida Water Management District W12–140, Washington, DC 20590, or of injurious reptiles. This listing would (District) requesting that Burmese submit them electronically, in the prohibit the importation of any live pythons be considered for inclusion in manner described at the beginning of animal, gamete, viable egg, or hybrid of the injurious wildlife regulations under this notice. these nine constrictor snakes into the the Lacey Act (18 U.S.C. 42). The United States, except as specifically Will the agency consider late District is concerned about the number authorized. The best available comments? of Burmese pythons found in Florida, information indicates that this action is particularly in Everglades National Park NHTSA will consider all comments necessary to protect the interests of and on the District’s widespread that Docket Management receives before humans, wildlife, and wildlife resources property in South Florida. the close of business on the comment from the purposeful or accidental The Service published a notice of closing date indicated above under introduction and subsequent inquiry in the Federal Register (73 FR DATES. To the extent the research establishment of these large constrictor 5784; January 31, 2008) soliciting schedule allows, NHTSA will try to snake populations into ecosystems of available biological, economic, and consider comments that Docket the United States. If the proposed rule other information and data on the Management receives after that date, but is made final, live snakes, gametes, or Python, Boa, and Eunectes genera for hybrids of the nine species or their we cannot ensure that we will be able possible addition to the list of injurious viable eggs could be imported only by wildlife under the Lacey Act and to do so.3 permit for scientific, medical, provided a 90–day public comment Please note that even after the educational, or zoological purposes, or period. The Service received 1,528 comment closing date we will continue without a permit by Federal agencies comments during the public comment to file relevant information in the docket solely for their own use. The proposed period that closed April 30, 2008. We as it becomes available. Further, some rule, if made final, would also prohibit reviewed all comments received for commenters may submit late comments. any interstate transportation of live substantive issues and information Accordingly, we recommend that you snakes, gametes, viable eggs, or hybrids regarding the injurious nature of species periodically check the docket for new of the nine species currently held in the in the Python, Boa, and Eunectes material. United States. If the proposed rule is genera. Of the 1,528 comments, 115

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provided economic, ecological, and populations of these snakes in the wild ecosystems at risk from injurious other data responsive to 10 specific in the United States. wildlife prior to the species actually questions in the notice of inquiry. Most becoming established (Lodge et al. Why the Nine Species Were Selected for individuals submitting comments 2006). Based on climate alone, many Consideration as Injurious Species responded to the notice of inquiry as species of large constrictors are likely to though it was a proposed rule to list The four true giants (with maximum be limited to the warmest areas of the constrictor snakes in the Python, Boa, lengths well exceeding 6 m [20 ft]) are United States, including parts of and Eunectes genera as injurious under the Indian python, Northern African Florida, extreme south Texas, Hawaii, the Lacey Act. As a result, most python, reticulated python, and green and insular territories. For a few comments expressed either opposition anaconda; they are prevalent in species, large areas of the continental or support for listing the large international trade. The boa constrictor United States appear to have suitable constrictor snakes species and did not is large, prevalent in international trade, climatic conditions. There is a high provide substantive information. We and already established in South probability that large constrictors would considered the information provided in Florida. The Southern African python, establish populations in the wild within the 115 applicable comments in the yellow anaconda, DeSchauensee’s their respective thermal and preparation of the draft environmental anaconda, and Beni anaconda exhibit precipitation limits due to common life- assessment, draft economic analysis, many of the same biological history traits that make them successful and this proposed rule. characteristics as the previous five invaders, such as being habitat For the injurious wildlife evaluation species that pose a risk of establishment generalists that are tolerant of in this proposed rule, we considered: (1) and negative effects in the United urbanization and capable of feeding on The substantive information that we States. The Service is striving to prevent a wide range of size-appropriate received during the notice of inquiry, (2) the introduction and establishment of vertebrates (reptiles, mammals, birds, information from the United States all nine species into new areas of the amphibians, and fish; Reed and Rodda Geological Survey’s (USGS) ‘‘Giant United States due to concerns about the 2009). While a few of the largest species Constrictors: Biological and injurious effects of all nine species have been known to attack humans in Management Profiles and an consistent with 18 U.S.C. 42. their native ranges, such attacks appear Establishment Risk Assessment for Nine Need for the Proposed Rule to be rare. Large Species of Pythons, Anacondas, Of the nine large constrictor snakes The threat posed by the Indian python and the Boa Constrictor’’ (Reed and assessed by Reed and Rodda (2009), five (including Burmese python) and other were shown to pose a high risk to the Rodda 2009), and (3) the latest findings large constrictor snakes is evident. regarding the nine large constrictor health of the ecosystem, including the Thousands of Indian pythons (including Indian python or Burmese python, snakes in Florida and the Burmese pythons) are now breeding in Commonwealth of Puerto Rico. The Northern African python, Southern the Everglades and threaten many African python, yellow anaconda, and USGS’s risk assessment (Reed and imperiled species and other wildlife. In Rodda 2009) can be viewed at the boa constrictor. The remaining four addition, other species of large large constrictors—the reticulated following web sites: http:// constrictors are or may be breeding in www.regulations.gov under Docket No. python, green anaconda, Beni anaconda, South Florida, including boa and DeSchauensee’s anaconda—were FWS-R9-FHC-2008-0015 and http:// constrictors and Northern African www.fort.usgs.gov/Products/ shown to pose a medium risk. None of pythons. Reticulated pythons, yellow the large constrictors that were assessed Publications/ anacondas, and green anacondas have pub_abstract.asp?PubID=22691. Reed was classified as low risk. As compared also been reported in the wild in to many other vertebrates, large and Rodda (2009) provided the primary Florida. Indian pythons (including biological, management, and risk constrictors pose a relatively high risk Burmese pythons), reticulated pythons, for being injurious. They are highly information for this proposed rule. The African pythons, boa constrictors, and risk assessment was prepared at the adaptable to new environments and yellow anacondas have been reported in opportunistic in expanding their request of the Service and the National the wild in Puerto Rico. The Southern Park Service. geographic range. Furthermore, since African python, yellow anaconda, they are a novel, top predator, they can Background DeSchauensee’s anaconda, and Beni threaten the stability of native anaconda exhibit many of the same Purpose of Listing as Injurious ecosystems by altering the ecosystem’s biological characteristics as the previous form, function, and structure. The purpose of listing the Indian five species that pose a risk of Most of these nine species are python (Python molurus, including establishment and negative effects in the cryptically marked, which makes them Burmese python P. molurus bivittatus), United States. difficult to detect in the field, reticulated python (Broghammerus The USGS risk assessment used a complicating efforts to identify the reticulatus or Python reticulatus), method called ‘‘climate matching’’ to range of populations or deplete Northern African python (Python estimate those areas of the United States populations through visual searching sebae), Southern African python exhibiting climates similar to those and removal of individuals. There are (Python natalensis), boa constrictor (Boa experienced by the species in their currently no tools available that would constrictor), yellow anaconda (Eunectes respective native ranges (Reed and appear adequate for eradication of an notaeus), DeSchauensee’s anaconda Rodda 2009). Considerable uncertainties established population of giant snakes (Eunectes deschauenseei), green exist about the native range limits of once they have spread over a large area. anaconda (Eunectes murinus), and Beni many of the giant constrictors, and a anaconda (Eunectes beniensis) myriad of factors other than climate can Listing Process (hereafter, collectively the nine influence whether a species could The regulations contained in 50 CFR constrictor snakes) as injurious wildlife establish a population in a particular part 16 implement the Lacey Act (Act; would be to prevent the accidental or location. While we acknowledge this 18 U.S.C. 42) as amended. Under the intentional introduction of and the uncertainty, these tools also serve as a terms of the Act, the Secretary of the possible subsequent establishment of useful predictor to identify vulnerable Interior is authorized to prescribe by

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regulation those wild mammals, wild comments received during the proposed snakes combined with their quantity in birds, fish, mollusks, crustaceans, rule’s comment period, a final rule international trade. The four largest amphibians, reptiles, and the offspring would be published. The final rule species of snakes—Indian python, or eggs of any of the foregoing that are contains responses to comments Northern African python, reticulated injurious to humans, to the interests of received on the proposed rule, states the python, and green anaconda—were agriculture, horticulture, or forestry, or final decision, and provides the selected, as well as similar and closely to the wildlife or wildlife resources of justification for that decision. If listed, related species, and the boa constrictor. the United States. The lists of injurious species determined to be injurious will These giant constrictor snakes constitute wildlife species are found at 50 CFR be codified in the Code of Federal a high risk of injuriousness in relation 16.11–16.15. Regulations. to those taxa with lower trade volumes, We are evaluating each of the nine are large in size with maximum lengths Introduction Pathways for Large species of constrictor snakes exceeding 6 m (20 ft), and have a high Constrictor Snakes individually and will list only those likelihood of establishment in various species that we determine to be The primary pathway for the entry of habitats of the United States. The injurious. If we determine that any or all the nine constrictor snakes into the Southern African python, yellow of the nine constrictor snakes in this United States is the commercial trade in anaconda, DeSchauensee’s anaconda, proposed rule are injurious, then, as pets. The main ports of entry for imports and Beni anaconda exhibit many of the with all listed injurious animals, their are Miami, Los Angeles, Baltimore, same biological characteristics as the importation into, or transportation Dallas-Ft. Worth, Detroit, Chicago, and previous five species that pose a risk of between, the States, the District of San Francisco. From there, many of the establishment and negative effects in the Columbia, the Commonwealth of Puerto live snakes are transported to animal United States. Rico, or any territory or possession of dealers, who then transport the snakes By far the strongest factor influencing the United States by any means to pet retailers. Large constrictor snakes the chances of these large constrictors whatsoever is prohibited, except by are also bred in the United States and establishing in the wild is the number permit for zoological, educational, sold within the country. of release events and the numbers of medical, or scientific purposes (in A typical pathway of a large individuals released. With a sufficient accordance with permit regulations at constrictor snake includes a pet store. number of either unintentional or 50 CFR 16.22), or by Federal agencies Often, a person will purchase a intentional release events, these species without a permit solely for their own hatchling snake (0.5 meters (m) [(22 will establish in ecosystems with use, upon filing a written declaration inches (in)]) at a pet store or reptile suitable conditions for survival and with the District Director of Customs show for as little as $35. The hatchling reproduction. This is likely the case at and the U.S. Fish and Wildlife Service grows rapidly, even when fed Everglades National Park, where the Inspector at the port of entry. The rule conservatively, so a strong snake-proof core nonnative Burmese python would not prohibit intrastate transport enclosure is necessary. All snakes are population in Florida is now located. of the listed constrictor snake species adept at escaping, and pythons are Therefore, allowing unregulated within States. Any regulations especially powerful when it comes to importation and interstate transport of pertaining to the transport or use of breaking out of cages. In captivity, they these exotic species will increase the these species within a particular State are fed pre-killed mice, rats, rabbits, and risk of these new species becoming would continue to be the responsibility chickens. A tub of fresh water is needed established through increased of that State. for the snake to drink and soak in. As opportunities for release. A second The Lacey Act Evaluation Criteria are the snake grows too big for a tub in its factor that is strongly and consistently used as a guide to evaluate whether a enclosure, the snake will have to be associated with the success of an species does or does not qualify as bathed in a bathtub. Under captive invasive species’ establishment is a injurious under the Act. The analysis conditions, pythons will grow very fast. history of it successfully establishing developed using the criteria serves as a An Indian python, for example, will elsewhere outside its native range. For basis for the Service’s regulatory grow to more than 20 feet long, weigh example, in addition to the established decision regarding injurious wildlife 200 pounds, live more than 25 years, Indian (including Burmese) python species listings. A species does not have and must be fed rabbits and the like. population in Florida, we now know to be established, currently imported, or Owning a giant snake is a difficult, that boa constrictors are established at present in the wild in the United States long-term, somewhat expensive the Deering Estate at Cutler preserve in for the Service to list it as injurious. The responsibility. For this reason, many South Florida, and the Northern African objective of such a listing would be to snakes are released by their owners into python is established west of Miami, prevent that species’ importation and the wild when they can no longer care Florida, in the vicinity known as the likely establishment in the wild, thereby for them, and other snakes escape from Bird Drive Basin Recharge Area. A third preventing injurious effects consistent inadequate enclosures. This is a factor strongly associated with with 18 U.S.C. 42. common pathway to invading the establishment success is having a good If the data indicate that a species is ecosystem by large constrictor snakes climate or habitat match between where injurious, a proposed rule will be (Fujisaki et al. 2009). the species naturally occurs and where developed. The proposed rule provides In aggregate, the trade in giant it is introduced. These three factors the public with a period to comment on constrictors is significant. From 1999 to have all been consistently demonstrated the proposed listing and associated 2008, more than 1.8 million live to increase the chances of establishment documents. constrictor snakes of 12 species were by all invasive vertebrate taxa, including If a determination is made to not imported into the United States (U.S. the nine large constrictor snakes in this finalize the listing, the Service will Fish and Wildlife Service 2010). Of all proposed rule (Bomford 2008). publish a notice in the Federal Register the constrictor snake species imported However, as stated above, a species explaining why the species is not added into the United States, the selection of does not have to be established, to the list of injurious wildlife. If a nine constrictor snakes for evaluation as currently imported, or present in the determination is made to list a species injurious wildlife was based on concern wild in the United States for the Service as injurious after evaluating the over the giant size of these particular to list it as injurious. The objective of

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such a listing would be to prevent that (Eunectes beniensis) on the following Rodda (2009) state that, at times, the species’ importation and likely questions: species has been divided into establishment in the wild, thereby (1) What regulations does your State subspecies recognizable primarily by preventing injurious effects consistent have pertaining to the use, transport, or color. The most widely used common with 18 U.S.C. 42. production of any of the nine constrictor name for the entire species is Indian snakes? What are relevant Federal, python, with P. molurus bivittatus Public Comments State, or local rules that may duplicate, routinely distinguished as the Burmese We are soliciting substantive public overlap, or conflict with the proposed python. Because the pet trade is comments and supporting data on the rule? composed almost entirely of P. m. draft environmental assessment, the (2) How many of the nine constrictor bivittatus, most popular references draft economic analysis, and this snakes species are currently in simply use Burmese python. However, proposed rule to add the Indian production for wholesale or retail sale, hereafter, we refer to the species as (including Burmese) python, reticulated and in how many and which States? Indian python (for the entire species), python (Broghammerus reticulatus or (3) How many businesses sell one or unless specifically noted as Burmese (to Python reticulatus), Northern African more of the nine constrictor snake refer to the subspecies, or where python, Southern African python, boa species? information sources used that name). constrictor, yellow anaconda, (4) How many businesses breed one or The subspecies, Python molurus DeSchauensee’s anaconda, green more of the nine constrictor snake molurus is listed as endangered in its anaconda, and Beni anaconda to the list species? native lands under the Endangered of injurious wildlife under the Lacey (5) What are the annual sales for each Species Act of 1973, as amended (16 Act. The draft environmental of the nine constrictor snake species? U.S.C. 1531, et seq.) under the common assessment, the draft economic analysis, (6) How many, if any, of the nine name of Indian python. P. molurus the initial regulatory flexibility analysis, constrictor snake species are permitted molurus is also listed by the Convention and this proposed rule will be available within each State? on International Trade in Threatened on http://www.regulations.gov under (7) What would it cost to eradicate and Endangered Species (CITES) under Docket No. FWS-R9-FHC-2008-0015. individuals or populations of the nine Appendix I but uses no common name. You may submit your comments and constrictor snakes, or similar species, if All other subspecies in the genus materials concerning this proposed rule found? What methods are effective? Python are listed in CITES Appendix II. by one of the methods listed in the (8) What are the costs of This rule as proposed would list all implementing propagation, recovery, ADDRESSES section. We will not accept members of Python molurus as comments sent by e-mail or fax or to an and restoration programs for native injurious. species that are affected by the nine In its native range, the Indian python address not listed in the ADDRESSES occurs in virtually every habitat from section. constrictor snake species, or similar species? lowland tropical rainforest (Indonesia We will post your entire comment— (9) What State threatened or and Southeast Asia) to thorn-scrub including your personal identifying endangered species would be impacted desert (Pakistan) and grasslands information—on http:// by the introduction of any of the nine (Sumbawa, India) to montane warm www.regulations.gov. If your written constrictor snake species? temperate forests (Nepal and China) comments provide personal identifying (10) What species have been (Reed and Rodda 2009). This species information, you may request at the top impacted, and how, by any of the nine inhabits an extraordinary range of of your document that we withhold this constrictor snake species? climates, including both temperate and information from public review. (11) What provisions in the proposed tropical, as well as both very wet and However, we cannot guarantee that we rule should the Service consider with very dry environments (Reed and Rodda will be able to do so. regard to: (a) The impact of the 2009). Comments and materials we receive, provision(s) (including any benefits and Biology as well as supporting documentation we costs), if any, and (b) what alternatives, used in preparing this proposed rule, if any, the Service should consider, as The Indian python’s life history is will be available for public inspection well as the costs and benefits of those fairly representative of large constrictors on http://www.regulations.gov under alternatives, paying specific attention to because juveniles are relatively small Docket No. FWS-R9-FHC-2008-0015, or the effect of the rule on small entities? when they hatch, but nevertheless are by appointment, during normal business (12) How could the proposed rule be independent from birth, grow rapidly, hours at the South Florida Ecological modified to reduce any costs or burdens and mature in a few years. Mature males Services Office (see FOR FURTHER for small entities consistent with the search for mates, and the females wait INFORMATION CONTACT section). Service’s requirements? for males to find them during the mating We are soliciting public comments (13) Why we should or should not season, then lay eggs to repeat the cycle. and supporting data to gain additional include hybrids of the nine constrictor Male Indian pythons do not need to information, and we specifically seek species analyzed in this rule, and if the copulate with females for fertilization of comment regarding the Indian python hybrids possess the same biological viable eggs. Instead, the female (Python molurus, including Burmese characteristics as the parent species. apparently can fertilize her eggs with python P. m. bivittatus), reticulated her own genetic material, though it is python (Broghammerus reticulatus or Species Information not known how often this occurs in the Python reticulatus), Northern African Indian python (Python molurus, wild. Several studies of captives python (Python sebae), Southern including Burmese python P. molurus reported viable eggs from females kept African python (Python natalensis), boa bivittatus) for many years in isolation (Reed and constrictor (Boa constrictor), yellow Rodda). anaconda (Eunectes notaeus), Native Range In a sample of eight clutches DeSchauensee’s anaconda (Eunectes The species Python molurus ranges discovered in southern Florida (one nest deschauenseei), green anaconda widely over southern and southeast and seven gravid females), the average (Eunectes murinus), and Beni anaconda Asia (Reed and Rodda 2009). Reed and clutch size was 36 eggs, but pythons

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have been known to lay as many as 107 Reticulated pythons occur primarily in pythons, or occasionally as African eggs in one clutch. Adult females from areas with a wet tropical climate. pythons. recent captures in Everglades National Although they also occur in areas that Northern African pythons range from Park have been found to be carrying are seasonally dry, reticulated pythons the coasts of Kenya and Tanzania across more than 85 eggs (Harvey et al. 2008). do not occur in areas that are much of central Africa to Mali and The Burmese python (Python molurus continuously dry or very cold at any Mauritania, as well as north to Ethiopia bivittatus) is one of the largest snakes in time (Reed and Rodda 2009). and perhaps Eritrea; in arid zones, their the world; it reaches lengths of up to 7 Biology range is apparently limited to the m (23 ft) and weights of over 90 vicinity of permanent water (Reed and kilograms (kg)(almost 200 pounds (lbs)). The reticulated python is most likely Rodda 2009). In Nigeria, Northern Hatchlings range in length from 50 to 80 the world’s longest snake (Reed and African pythons are reported from centimeters (cm)(19 to 31 inches (in)) Rodda 2009). Adults can grow to a suburban, forest, pond and stream, and and can more than double in size within length of more than 8.7 m (28.5 ft). Like swamp habitats, including extensive use the first year (Harvey et al. 2008). As is all pythons, the reticulated python is of Nigerian mangrove habitats. In the true with all snakes, pythons grow oviparous (lays eggs). The clutch sizes arid northern parts of its range, throughout their lives. Reed and Rodda range from 8 to 124, with typical Northern African pythons appear to be (2009) cite Bowler (1977) for two clutches of 20 to 40 eggs. Hatchlings are limited to wetlands, including the records of Burmese pythons living more at least 61 cm (2 ft) in total length (Reed headwaters of the Nile, isolated than 28 years (up to 34 years, 2 months and Rodda 2009). We have no data on wetlands in the Sahel of Mauritania and for one snake that was already an adult life expectancy in the wild, but several Senegal, and the Shabelle and Jubba when acquired). captive specimens have lived for nearly Like all of the giant constrictors, 30 years (Reed and Rodda 2009). Rivers of Somalia (Reed and Rodda 2009). The Northern African python Indian pythons are extremely cryptic in The size range of the prey of coloration. They are silent hunters that inhabits regions with some of the reticulated pythons is essentially the highest mean monthly temperatures lie in wait along pathways used by their same as that of the Indian python, as far prey and then ambush them. They blend identified for any of the giant as is known (Reed and Rodda 2009), and constrictors, with means of greater than so well into their surroundings that has included chickens, rats, monitor observers have released marked snakes 35 °C (95 °F) in arid northern localities lizards, civet cats, bats, an immature (Reed and Rodda 2009). for research purposes and lost sight of cow, various primates, deer, goats, cats, them 5 feet away (Roybal, pers. comm. dogs, ducks, rabbits, tree shrews, Biology 2010). porcupines, and many species of birds. With only a few reported exceptions, A host of internal and external Northern African pythons are Indian pythons eat terrestrial primarily ambush foragers, lying in wait vertebrates, although they eat a wide parasites plague wild reticulated pythons (Auliya 2006). The pythons in for prey in burrows, along animal trails, variety of terrestrial vertebrates (lizards, and in water. Northern African pythons frogs, crocodilians, snakes, birds, and general are hosts to various protozoans, nematodes, ticks, and lung arthropods are oviparous. Branch (1988) reports mammals). Special attention has been that an ‘‘average’’ female of 3 to 4 m (10 paid to the large maximum size of prey (Reed and Rodda 2009). Captive reticulated pythons can carry ticks of to 13 ft) total length would be expected taken from python stomachs, both in to lay 30 to 40 eggs, while others report their native range and nonnative agricultural significance (potential threat to domestic livestock) in Florida an average clutch of 46 eggs, individual occurrences in the United States. The clutches from 20 to ‘‘about 100,’’ and most well-known large prey items (Burridge et al. 2000, 2006; Clark and Doten 1995). clutch size increasing correspondingly include alligators, antelopes, dogs, deer, in relation to the body length of the The reticulated python can be an jackals, goats, porcupines, wild boars, female (Pope 1961). In captivity, aggressive and dangerous species of pangolins, bobcats, pea fowl, frigate Northern African pythons have lived for giant constrictor to humans. Reed and birds, great blue herons, langurs, and 27 years (Snider and Bowler 1992). As Rodda (2009) cite numerous sources of flying foxes; a leopard has even been with most of the giant constrictors, adult people being bitten, attacked, and even reported as prey (Reed and Rodda 2009). African pythons primarily eat To accommodate the large size of prey, killed by reticulated pythons in their native range. endothermic (warm-blooded) prey from Indian pythons have the ability to grow a wide variety of taxa. Domestic animals stomach tissue quickly to digest a large Northern African Python (Python sebae) consumed by African pythons include meal (Reed and Rodda 2009). Native Range goats, dogs, and a domestic turkey Reticulated Python (Broghammerus consumed by an individual in suburban reticulatus or Python reticulatus) Python sebae and Python natalensis South Florida. are closely related, large-bodied pythons Native Range of similar appearance found in sub- Southern African Python (Python Although native range boundaries are Saharan Africa (Reed and Rodda 2009). natalensis) disputed, reticulated pythons The most common English name for this Native Range conservatively range across much of species complex has been African rock mainland Southeast Asia (Reed and python. After P. sebae was split from P. The Southern African python is found Rodda 2009). They are found from sea natalensis, some authors added from Kenya southwest to Angola and level up to more than 1,300 m (4,265 ft) ‘‘Northern’’ or ‘‘Southern’’ as a prefix to south through parts of Namibia and and inhabit lowland primary and this common name. Reed and Rodda much of eastern South Africa. secondary tropical wet forests, tropical 2009 adopted Broadley’s (1999) Distributions of the species overlap open dry forests, tropical wet montane recommendations and refer to these somewhat, although the southern forests, rocky scrublands, swamps, snakes as the Northern and Southern species tends to inhabit higher areas in marshes, plantations and cultivated African pythons; hereafter, we refer to regions where both species occur (Reed areas, and suburban and urban areas. them as Northern and Southern African and Rodda 2009).

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Biology including localities with cold-season a range far greater than reported in some Little is known about Southern monthly mean temperatures around 10 general works (for example, 3-7 ° ° African pythons. They are oviparous. As C (50 F) and no localities with offspring; Walls, 1998). ° ° with most of the giant constrictors, adult monthly means exceeding 30 C (86 F) DeSchauensee’s anaconda is reported African pythons primarily eat in the warm season (Reed and Rodda to consume mammals, fish, and birds, endothermic (warm-blooded) prey from 2009). and its overall diet is assumed to be similar to that of the yellow anaconda a wide variety of taxa. The Southern Biology African pythons consume a variety of (Reed and Rodda 2009). The yellow anaconda bears live young prey types that includes those listed for Green Anaconda (Eunectes murinus) Northern African pythons. (ovoviviparous). The recorded number of yellow anaconda offspring range from Native Range Boa Constrictor (Boa constrictor) 10 to 37, with a maximum of 56. In The native range of green anaconda captivity, yellow anacondas have lived Native Range includes aquatic habitats in much of for over 20 years. Yellow anacondas South America below 850 m (2,789 ft) Boa constrictors range widely over appear to be generalist predators on a elevation plus the insular population on North America (Mexico), Central range of vertebrates. The anacondas in Trinidad, encompassing the Amazon America, and South America, including general exhibit among the broadest diet and Orinoco Basins; major Guianan dozens of marine and lacustrine islands, range of any snake, including rivers; the San Francisco, Parana, and and have one of the widest latitudinal ectotherms (lizards, crocodilians, Paraguay Rivers in Brazil; and extending distributions of any snake in the world. turtles, snakes, fish) and endotherms south as far as the Tropic of Capricorn In their native range, boa constrictors (birds, mammals), and yellow in northeast Paraguay. The range of inhabit environments from sea level to anacondas have typical diets. 1,000 m (3,280 ft), including wet and green anaconda is largely defined by dry tropical forest, savanna, very dry DeSchauensee’s Anaconda (Eunectes availability of aquatic habitats. thorn scrub, and cultivated fields. They deschauenseei) Depending on location within the wide are commonly found in or along rivers distribution of the species, these appear Native Range and streams because they are capable to include deep, shallow, turbid, and swimmers (Reed and Rodda 2009; Snow This species has a much smaller range clear waters, and both lacustrine and et al. 2007). than does the yellow anaconda and is riverine habitats (Reed and Rodda largely confined to the Brazilian island 2009). Biology of Marajo´, nearby areas around the The maximum length of this species mouth of the Amazon River, and several Biology is roughly 4 m (13 ft). Boa constrictors drainages in French Guiana. Reed and Rodda (2009) describe the are ovoviviparous (bear live young after DeSchauensee’s anaconda is known green anaconda as truly a giant snake, eggs hatch inside mother). The average from a small number of specimens and with fairly reliable records of lengths clutch size is 35 eggs. Snake longevity has a limited range in northeast South over 7 m (23 ft) and having a very stout records from captive-bred populations America. Although not well studied, body. Very large anacondas are almost can be 38 to 40 years (Reed and Rodda DeSchauensee’s anaconda apparently certainly the heaviest snakes in the 2009). prefers swampy habitats that may be world, ranging up to 200 kg (441 lbs) The boa constrictor has a broad diet, seasonally flooded. DeSchauensee’s (Bisplinghof and Bellosa 2007), even consuming prey from a wide variety of anaconda is known from only a few though reticulated pythons, for vertebrate taxa. Young boa constrictors localities in northeast South America, example, may attain greater lengths. will eat mice, small birds, lizards, and and its known climate range is The green anaconda bears live young. amphibians. The size of the prey item accordingly very small. While the The maximum recorded litter size is 82, will increase as the snake gets older and occupied range exhibits moderate removed from a Brazilian specimen, but larger. The boa constrictor is an ambush variation in precipitation across the the typical range is 28 to 42 young. predator and will lie in wait for an year, annual temperatures tend to range Neonates (newly born young) are appropriate prey to come along, at between 25 oC (77 oF) and 30 oC (86 oF). around 70 to 80 cm (27.5 to 31.5 in) long which point it will attack (Reed and Whether the species could tolerate and receive no parental care. Because of Rodda 2009; Snow et al. 2007). greater climatic variation is unknown. their small size, they often fall prey to The subspecies Boa constrictor other animals. If they survive, they grow occidentalis is listed by CITES under Biology rapidly until they reach sexual maturity Appendix I but uses no common name. DeSchauensee’s anaconda appears to in their first few years (Reed and Rodda This rule as proposed would list all be the smallest of the anacondas, 2009). While reproduction is typically subspecies of Boa constrictor as although the extremely limited number sexual, Reed and Rodda (2009) report injurious. of available specimens does not allow that a captive, female green anaconda Yellow Anaconda (Eunectes notaeus) unequivocal determination of maximal that was 5 years old in 1976 and that body sizes. Dirksen and Henderson had no access to males gave birth in Native Range (2002) record a maximum total length of 2002 to 23 females. This raises the The yellow anaconda (E. notaeus) has available specimens as 1.92 m (6.3 (ft)) possibility that green anacondas are a larger distribution in subtropical and in males and 3.0 m (9.8 (ft)) in females. facultatively parthenogenic, and that, temperate areas of South America than The DeSchauensee’s anaconda is live- theoretically, a single female green the DeSchauensee’s anaconda and has bearing. In captivity, DeSchauensee’s anaconda could establish a population. received more scientific attention. The anacondas have been reported to live for The green anaconda is considered a yellow anaconda appears to be 17 years, 11 months (Snider and Bowler top predator in South American restricted to swampy, seasonally 1992). Clutch sizes of DeSchauensee’s ecosystems. Small anacondas appear to flooded, or riverine habitats throughout anacondas ranged from 3 to 27 (mean primarily consume birds, and as they its range. The yellow anaconda exhibits 10.6 ± 9.6) in a sample of five museum mature, they undergo an ontogenetic a fairly temperate climate range, specimens (Pizzatto and Marques 2007), prey shift to large mammals and

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reptiles. The regular inclusion of fish in Beni Anaconda (Eunectes beniensis) The phylogenetic relationships within the diet of the anacondas (including Eunectes are currently best described as: Native Range other members of the genus Eunectes) E. murinus [E. beniensis (E. increases their dietary niche breadth in The Beni anaconda is a recently deschauenseei, E. notaeus)]. To an relation to the other giant constrictors, described and poorly known anaconda experienced herpetologist, E. beniensis which rarely consume fish. Green closely related to the green anaconda is easily recognizable by its brown to anacondas consume a wide variety of (Reed and Rodda 2009). The native olive-brownish ground color in endotherms and ectotherms from higher range of the Beni anaconda is the Itenez/ combination with five head stripes and taxa, including such large prey as deer Guapore River in Bolivia along the less than 100 large, dark, solid dorsal and crocodilians (alligators are a type of border with Brazil, as well as the Baures blotches that always lack lighter centers. River drainage in Bolivia. The green and crocodilian). The regular inclusion of To a novice, E. beniensis and E. murinus Beni anacondas are similar in size and fish, turtles, and other aquatic are similar in appearance. The primarily the range of the Beni anaconda is within organisms in their diet increases their nocturnal anaconda species tends to the range of the green anaconda spend most of its life in or around range of prey even beyond that of (Bolivia). reticulated or Indian pythons. water. Biology Organisms that regularly come in Summary of the Presence of the Nine contact with aquatic habitats are likely Eunectes beniensis is a recently Constrictor Snakes in the United States to be most commonly consumed by described species from northern Bolivia, green anacondas (Reed and Rodda previously considered to be contained Of the nine constrictor snake species 2009). Green anacondas would have a within E. murinus. Eunectes beniensis that are proposed for listing as injurious, ready food supply anywhere that the was discovered in the Beni Province, six have been reported in the wild in the climate and habitat matched their native Bolivia—thus the labeled name of Beni United States and two have been range. Since green anacondas are known anaconda and another alias of Bolivian confirmed as reproducing in the wild in to prey upon crocodilians, they could anaconda. Based on morphological and the United States; six have been potentially thrive on alligators, which molecular genetic evidence, E. beniensis imported commercially into the United are common in the southeastern United is more closely related to E. notaeus and States during the period 1999 to 2008 States. E. deschauenseei than to E. murinus. (Table 1).

TABLE 1. THE SPECIES OF NINE SNAKES PROPOSED FOR LISTING AS INJURIOUS THAT HAVE BEEN REPORTED IN THE UNITED STATES, ARE KNOWN TO BE BREEDING IN THE UNITED STATES, AND HAVE BEEN IMPORTED FOR TRADE.

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

Indian (or Burmese) python Yes Yes Yes

Reticulated python Yes No Yes

Northern African python Yes Possible Yes

Southern African python No No Unknown**

Boa constrictor Yes Yes Yes

Yellow anaconda Yes No Yes

DeSchauensee’s anaconda No No Unknown**

Green anaconda Yes No Yes

Beni anaconda No No Unknown** *Data from Draft Economic Analysis (USFWS 2010) ** It is possible that this species has been imported into the U.S. incorrectly identified as one of the other species under consideration in this rule.

Lacey Act Evaluation Criteria (1) Factors that contribute to being • Wildlife or habitat damages that may considered injurious: occur from control measures. We use the criteria below to evaluate • The likelihood of release or escape; (2) Factors that reduce the likelihood whether a species does or does not • Potential to survive, become of the species being considered as qualify as injurious under the Lacey established, and spread; injurious: Act, 18 U.S.C. 42. The analysis that is • Impacts on wildlife resources or • Ability to prevent escape and developed using these criteria serves as ecosystems through hybridization establishment; a general basis for the Service’s and competition for food and • Potential to eradicate or manage regulatory decision regarding injurious habitats, habitat degradation and established populations (for wildlife species listings (not just for the destruction, predation, and example, making organisms sterile); nine proposed snake species). Biologists pathogen transfer; • Ability to rehabilitate disturbed within the Service who are • Impact to threatened and ecosystems; knowledgeable about a species being endangered species and their • Ability to prevent or control the evaluated will assess both the factors habitats; spread of pathogens or parasites; that contribute to and the factors that • Impacts to human beings, forestry, and reduce the likelihood of injuriousness. horticulture, and agriculture; and • Any potential ecological benefits to

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introduction. anaconda, green anaconda, and Beni and Beni anaconda) to high (Indian To obtain some of the information for anaconda) to high (Indian python, python, Northern African python, the above criteria, we used Reed and Northern African python, Southern Southern African python, boa Rodda (2009). Reed and Rodda (2009) African python, boa constrictor, and constrictor, yellow anaconda). developed the Organism Risk Potential yellow anaconda). scores for each species using a widely For the nine constrictor snakes under Certainties were highly variable utilized risk assessment procedure that consideration, the consequences of within each of the seven elements of the was published by the Aquatic Nuisance establishment range from low risk assessment, varying from very Species Task Force (ANSTF 1996). This (DeSchauensee’s anaconda and Beni uncertain to very certain. In general, the procedure incorporates four factors anaconda) to medium (reticulated highest certainties were associated with associated with probability of python, yellow anaconda, and green those species unequivocally established establishment and three factors anaconda) to high (Indian python, in Florida (Indian python and boa associated with consequences of Northern African python, Southern constrictor) because of enhanced establishment, with the combination of African python, and boa constrictor). ecological information on these species these factors resulting in an overall The overall ORP, which is derived from from studies in both their native range Organism Risk Potential (ORP) for each an algorithm of both probability of and in Florida. The way in which these species. For the nine constrictor snakes establishment and consequences of sub-scores are obtained and combined is under consideration, the risk of establishment, was found to range from set forth in an algorithm created by the establishment ranged from medium medium (reticulated python, green ANSTF (Table 2). (reticulated python, DeSchauensee’s anaconda, DeSchauensee’s anaconda,

TABLE 2. THE ALGORITHM THAT THE ANSTF DEFINED FOR COMBINING THE TWO PRIMARY SUB-SCORES (REED AND RODDA 2009)

Probability of Consequences of Organism Risk Establishment Establishment Potential (ORP)

High High High

Medium High High

Low High Medium

High Medium High

Medium Medium Medium

Low Medium Medium

High Low Medium

Medium Low Medium

Low Low Low

Similar algorithms are used for reticulated python, DeSchauensee’s (see Figure 4 in the draft environmental deriving the primary sub-scores from anaconda, green anaconda, and Beni assessment). In South Florida, more the secondary sub-scores. However, the anaconda. These species constitute than 1,300 live and dead Burmese scores are fundamentally qualitative, in lesser threats in these areas, but still are pythons, including gravid females, have the sense that there is no unequivocal potentially serious threats. Because all been removed from in and around threshold that is given in advance to nine species share characteristics Everglades National Park in the last 10 determine when a given risk passes associated with greater risks, none was years by authorized agents, park staff, from being low to medium, and so forth. found to be a low risk. and park partners, indicating that they Therefore, we viewed the process as one For the purposes of this proposed are already established (National Park of providing relative ranks for each rule, a hybrid is any progeny from any Service 2010). In the Commonwealth of species. Thus a high ORP score cross involving parents of these nine Puerto Rico, the Indian python has been indicates that such a species would constrictor snake species. Such progeny collected or reported (eight individuals likely entail greater consequences or are likely to possess the same biological collected, including a 3-m (10-ft) albino) greater probability of establishment than characteristics of the parent species that, from the municipality of Adjuntas, the would a species whose ORP was through our analysis, leads us to find northern region of the island (Arecibo), medium or low (that is, high > medium that they are injurious to humans and to and the eastern region of the island > low). High-risk species are Indian wildlife and wildlife resources of the (Humacao) (Saliva, pers. comm. 2009). pythons, Northern and Southern African United States. pythons, boa constrictors, and yellow Potential Introduction and Spread anacondas. High-risk species, if Factors That Contribute to The likelihood of release or escape established in this country, put larger Injuriousness for Indian Python from captivity of Indian python is high portions of the U.S. mainland at risk, Current Nonnative Occurrences as evidenced by the releases and effects constitute a greater ecological threat, or of those releases in Florida and Puerto are more common in trade and The Indian python has been reported Rico. When Indian pythons escape commerce. Medium-risk species were as captured in many areas in Florida captivity or are released into the wild,

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they have survived and are likely to sex, food availability and quality, and to the continued existence of the continue to survive and become other factors. Male black bears can grow species. established with or without to more than six feet long and weigh up The United States, particularly the reproduction. For example, in the past to 295 kg (650 lbs); females rarely reach Southeast, has one of the most diverse 10 years, more than 1,300 Burmese that length and do not weigh more than faunal communities that are potentially pythons have been removed from 79 kg (175 lbs) (Smithsonian Institution vulnerable to predation by the Indian Everglades National Park and vicinity 2010). Among the largest of the native python. Juveniles of these giant (National Park Service 2010) alone and predators of the Southeast is the constrictors will climb to remove prey others have been captured from other American alligator (Alligator from bird nests and capture perching or natural areas on the west side of South mississippiensis). The average length for sleeping birds. Most of the South has Florida, the Florida Keys (Higgins, pers. an adult female American alligator is 2.6 suitable climate and habitat for Indian comm. 2009), and farther up the m (8.2 ft), and the average length for a pythons. The greatest biological impact peninsula, including Sarasota and male is 3.4 m (11.2 ft) (Smithsonian of an introduced predator, such as the Indian River County (Lowman, pers. Institution 2010). Indian python, is the likely loss of comm. 2009; Dangerfield, pers. comm. In comparison with the Indian imperiled native species. Based on the 2010). Moreover, released Indian python, the largest snake native to North food habits and habitat preferences of pythons would likely spread to areas of America is the indigo snake the Indian python in its native range, the United States with a suitable (Drymarchon corais), attaining a size of the species is likely to invade the climate. These areas were determined in about 2.5 m (8 ft) (Monroe and Monroe habitat, prey on, and further threaten the risk assessment (Reed and Rodda 1968). A subspecies of the indigo snake most of the federally threatened or 2009) for all nine constrictor snakes by is the eastern indigo snake (D. corais endangered fauna in climate-suitable comparing the type of climate the couperi), which grows to a similar areas of the United States. Indian species inhabited in their native ranges maximum length. The eastern indigo pythons are also likely to threaten to areas of similar climate in the United snake inhabits Georgia and Florida and numerous other potential candidates for States (climate matching). Due to the is listed as federally threatened by the Federal protection. Candidate species wide rainfall tolerance and extensive Service. are plants and animals for which the semi-temperate range of Indian python, Service has sufficient information on Unlike prey species in the Indian large areas of the southern United States their biological status and threats to python’s native range, none of our mainland appear to have a climate propose them as endangered or native species has evolved defenses to suitable for survival of this species. threatened under the Endangered avoid predation by such a large snake. Areas of the United States that are Species Act, but for which development Thus, naı¨ve native wildlife anywhere in climatically matched at present include of a proposed listing regulation is the United States would be very likely along the coasts and across the south precluded by other higher priority to fall prey to Indian pythons (or any of from Delaware to Oregon, as well as listing activities. For example, the the other eight constrictor snakes). At all most of California, Texas, Oklahoma, current candidate list includes several life stages, Indian pythons can and will Arkansas, Louisiana, Mississippi, bat species that inhabit the Indian Alabama, Florida, Georgia, and South compete for food with native species; in python’s climate-matched regions. and North Carolina. In addition to these other words, baby pythons will eat The draft environmental assessment areas of the U.S. mainland, the small prey, and the size of their prey includes lists of species that are territories of Guam, Northern Mariana will increase as they grow. Based on an federally threatened or endangered in Islands, American Samoa, Virgin analysis of their diets in Florida, Indian climate-suitable States and territories, Islands, and Puerto Rico appear to have pythons, once introduced and such as Florida, Hawaii, Guam, Puerto suitable climate. Areas of the State of established, are likely to outcompete Rico, and the Virgin Islands. These lists Hawaii with elevations under about native predators (such as the federally include only the species of the sizes and 2,500 m (8,202 ft) would also appear to listed Florida panther, eastern indigo types that would be expected to be be climatically suitable. Indian pythons snake, native boas, hawks), feeding on directly affected by predation by Indian are highly likely to spread and become the same prey and thereby reducing the pythons and the other eight large established in the wild due to common supply of prey for the native predators. constrictors. For example, plants and traits shared by the giant constrictors, Indian pythons are generalist predators marine species are excluded. In Florida, including large size, habitat generalist, that consume a wide variety of mammal 14 bird species, 15 mammals, and 2 tolerance of urbanization, high and bird species, as well as reptiles, reptiles that are threatened or reproductive potential, long distance amphibians, and occasionally fish. This endangered could be preyed upon by disperser, early maturation, rapid constrictor can easily adapt to prey on Indian pythons or be outcompeted by growth, longevity, and ‘‘sit and wait’’ novel wildlife (species that they are not them for prey. Hawaii has 32 bird style of predation. familiar with), and they need no special species and one mammal that are adaptations to capture and consume threatened or endangered that would be Potential Impacts to Native Species them. Pythons in Florida have at risk of predation. Puerto Rico has (including Threatened and Endangered consumed prey as large as white-tailed eight bird species and eight reptile Species) deer and adult American alligators. species that are threatened or As discussed above under Biology, the Three federally endangered Key Largo endangered that would be at risk of Indian python grows to lengths greater woodrats (Neotoma floridana smalli) predation. The Virgin Islands have one than 7 m (23 ft) and can weigh up to 90 were consumed by a Burmese python in bird species and three reptiles that are kg (200 lbs). This is longer than any the Florida Keys in 2007. The extremely threatened or endangered that would be native terrestrial predator (including small number of remaining Key Largo at risk of predation. Guam has six bird bears) in the United States and its woodrats suggests that the current status species and two mammals that are territories and heavier than most native of the species is precarious (USFWS threatened or endangered that would be predators (including many bears). 2008); this means that a new predator at risk of predation. American black bears (Ursus that has been confirmed to prey on the According to the climate suitability americanus) vary in size depending on endangered woodrats is a serious threat maps (Reed and Rodda 2009),

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threatened and endangered species from research on control tools, there are best very expensive - to eradicate it.’’ all of Florida, most of Hawaii, and all of currently no such tools available that The Indian python is unlikely to be one Puerto Rico would be at risk from the would appear adequate for eradication of those species that could be establishment of Indian pythons. While of an established population of large eradicated. we did not itemize the federally constrictor snakes, such as the Indian Eradication will almost certainly be threatened and endangered species from python, once they have spread over a unachievable for a species that is hard California, Texas, and other States, there large area. to detect and remove at low densities, are likely several hundred species in Efforts to eradicate the Indian python which is the case with all of the nine those and other States that would be at in Florida have become increasingly large constrictor snakes. They are well- risk from Indian pythons. In addition, intense as the species is reported in new camouflaged and stealthy, and, we assume that Guam, the U.S. Virgin locations across the State. Natural therefore, nearly impossible to see in the Islands, and other territories would have resource management agencies are wild. Most of the protective measures suitable habitat and climate to support expending already-scarce resources to available to prevent the escape of Indian Indian pythons, and these also have devise methods to capture or otherwise pythons are currently (and expected to federally threatened and endangered control any large constrictor snake remain) cost-prohibitive and labor- species that would be at risk if Indian species. These agencies recognize that intensive. Even with protective pythons became established. control of large constrictor snakes (as measures in place, the risks of The likelihood and magnitude of the major predators) on lands that they accidental escape are not likely to be effect on threatened and endangered manage is necessary to prevent the eliminated. Since effective measures to species is high. Indian pythons are thus likely adverse impacts to the ecosystems prevent the establishment in new highly likely to negatively affect occupied by the invasive snakes. locations or eradicate, manage, or threatened and endangered birds and The draft economic analysis for the control the spread of established mammals, as well as unlisted native nine constrictor snakes (USFWS January populations of the Indian python are not species. 2010), provides the following currently available, the ability to information about the expenditures for rehabilitate or recover ecosystems Potential Impacts to Humans research and eradication in Florida, disturbed by the species is low. The introduction or establishment of primarily for Indian pythons, which provides some indication of the efforts Potential Ecological Benefits for Indian pythons may have negative Introduction impacts on humans primarily from the to date. The Service spent about loss of native wildlife biodiversity, as $600,000 over a 3–year period (2007 to While the introduction of a faunal discussed above. These losses would 2009) on python trap design, biomass could potentially provide a affect the aesthetic, recreational, and deployment, and education in the food source for some native carnivores, economic values currently provided by Florida Keys to prevent the potential species native to the United States are native wildlife and healthy ecosystems. extinction of the endangered Key Largo unlikely to possess the hunting ability Educational values would also be woodrat at Crocodile Lake National for such large, camouflaged snakes and diminished through the loss of Wildlife Refuge. The South Florida would not likely turn to large biodiversity and ecosystem health. Water Management District spent constrictor snakes as a food source. The Human fatalities from nonvenomous $334,000 between 2005 and 2009 and risks to native wildlife greatly outweigh snakes in the wild are rare, probably anticipates spending an additional this unlikely benefit. There are no other only a few per year worldwide (Reed $156,600 on research, salaries, and potential ecological benefits for the and Rodda 2009). However, although vehicles in the next several years. An introduction of Indian pythons into the attacks on people by Indian pythons are additional $300,000 will go for the United States. improbable, they are possible given the assistance of USDA, Wildlife Services Conclusion (part of USDA Animal and Plant Health large size that some individual snakes The Indian python is one of the can reach. Inspection Service). The USDA Wildlife Research Center (Gainesville FL Field largest snakes in the world, reaching Factors That Reduce or Remove Station) has spent $15,800 from 2008 to lengths of up to 7 m (23 ft) and weights Injuriousness for Indian Python 2009 on salaries, travel, and supplies. of over 90 kilograms (kg)(almost 200 pounds (lbs)). This is longer than any Control The USGS, in conjunction with the University of Florida, has spent over native, terrestrial animal in the United No effective tools are currently $1.5 million on research, radio States, including alligators, and three available to detect and remove telemetry, and the development, testing, times longer than the longest native established large constrictor and implementation of constrictor snake snake species. Native fauna have no populations. Traps with drift fences or traps. All these expenditures total $2.9 experience defending against this type barriers are the best option, but their use million from 2005 to approximately of novel, giant predator. Hatchlings are on a large scale is prohibitively 2012, or roughly an average of $363,000 about the size of average adult native expensive, largely because of the labor per year. However, all of these efforts snakes and can more than double in size cost of baiting, checking, and have failed to provide a method for within the first year. In addition, Indian maintaining the traps daily. eradicating large constrictor snakes in pythons reportedly can fertilize their Additionally, some areas cannot be Florida. own eggs and have viable eggs after effectively trapped due to the expanse of Kraus (2009) exhaustively reviewed several years in isolation. Even one the area and type of terrain, the the literature on invasive herpetofauna. female Indian python that escapes distribution of the target species, and While he found a few examples of local captivity could produce dozens of large the effects on any nontarget species. populations of amphibians that had young at one time (average clutch size While the Department of the Interior, been successfully eradicated, he found is 36, with a known clutch of 107). the U.S. Department of Agriculture’s no such examples for reptiles. He also Furthermore, an individual is likely to (USDA) Animal and Plant Health states that, ‘‘Should an invasive live for 20 to 30 years. Even a single Inspection Service (APHIS), and State of [nonnative] species be allowed to spread python in a small area, such as one of Florida entities have conducted limited widely, it is usually impossible—or at the Florida Keys or insular islands, can

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devastate the population of a federally matched to the requirements of killed by reticulated pythons in their threatened or endangered species. There reticulated pythons. If they escape or are native range. are currently no effective control intentionally released, they are likely to The introduction or establishment of methods for Indian pythons, nor are any survive and become established within reticulated pythons may have negative anticipated in the near future. their respective thermal and impacts on humans primarily from the Therefore, because Indian pythons precipitation limits. Reticulated pythons loss of native wildlife biodiversity, as have already established populations in are highly likely to spread and become discussed above. These losses would some areas of the United States; are established in the wild due to common affect the aesthetic, recreational, and likely to spread from their current traits shared by the giant constrictors, economic values currently provided by established range to new natural areas including large size, habitat generalist, native wildlife and healthy ecosystems. in the United States; are likely to tolerance of urbanization, sit-and-wait Educational values would also be become established in disjunct areas of style of predation, high reproductive diminished through the loss of the United States with suitable climate potential, long-distance disperser, rapid biodiversity and ecosystem health. and habitat if released there; are likely growth, longevity, early maturation, and Factors That Reduce or Remove to prey on and compete with native a generalist predator. Injuriousness for Reticulated Python species (including threatened and Potential Impacts to Native Species endangered species); and it would be (including Threatened and Endangered Control difficult to eradicate or reduce large Species) Eradication, management, or control populations or to recover ecosystems Reticulated pythons (Broghammerus of the spread of reticulated python will disturbed by the species, the Service be highly unlikely once the species is finds the Indian python to be injurious reticulatus or Python reticulatus) are highly likely to prey on native species, established. Please see the Control to humans and to wildlife and wildlife section for the Indian python for reasons resources of the United States. including threatened and endangered species. Their natural diet includes why the reticulated python is difficult Factors That Contribute to mammals and birds. An adverse effect to control, all of which apply to this Injuriousness for Reticulated Python of reticulated python on select species. Current Nonnative Occurrences threatened and endangered species is Potential Ecological Benefits for likely to be moderate to high. Introduction In Florida, two known instances of Please see Potential Impacts to Native reticulated python removals have been Species (including Threatened and While the introduction of a faunal documented in Vero Beach and Endangered Species) under Factors that biomass could potentially provide a Sebastian, Florida. A 5.5 m (18 ft) Contribute to the Injuriousness for food source for some native carnivores, reticulated python was struck by a Indian Python for a description of the species native to the United States are person mowing along a canal on 58th impacts that reticulated pythons would unlikely to possess the hunting ability Avenue in Vero Beach in 2007, and a have on native species. These impacts for such large, camouflaged snakes and reticulated python was removed along are applicable to reticulated pythons by would not likely turn to large Roseland Road in Sebastian, Florida comparing their prey type with the constrictor snakes as a food source. The (Dangerfield, pers. comm. 2010). In the suitable climate areas and the listed risks to native wildlife greatly outweigh Commonwealth of Puerto Rico, species found in those areas; suitable this unlikely benefit. There are no other reticulated pythons have been collected climate areas and the listed species can potential ecological benefits from the in the western region of the island be found in the draft environmental introduction into the United States or (Aguadilla and Mayaguez), and the assessment. establishment in the United States of southern region of the island According to the climate suitability reticulated pythons. (Guayama), including a 5.5-m (18-ft) maps (Reed and Rodda 2009), Conclusion long specimen. threatened and endangered species from The reticulated python can grow to a Potential Introduction and Spread parts of Florida, southern Texas, Hawaii, and Puerto Rico would be at length of more that 8.7 m (28.5 ft); this The likelihood of release or escape risk from the establishment of is longer than any native, terrestrial from captivity of reticulated python is reticulated pythons. In addition, we animal in the United States. Native high. Reticulated pythons assume that Guam, the U.S. Virgin fauna have no experience defending (Broghammerus reticulatus or Python Islands, and other territories would have against this type of novel, giant reticulatus) have escaped or been suitable habitat and climate to support predator. Several captive reticulated released into the wild in Florida and the reticulated pythons, and these also have pythons have lived for nearly 30 years. Commonwealth of Puerto Rico. federally threatened and endangered The reticulated python can be an Reticulated pythons are highly likely to species that would be at risk if aggressive and dangerous species to survive in natural ecosystems (primarily reticulated pythons became established. humans. Therefore, even one escaped extreme southern habitats) of the United individual can cause injury to wildlife States. Reticulated pythons have a more Potential Impacts to Humans and possibly humans for several tropical distribution than Indian Like all pythons, reticulated pythons decades. Captive reticulated pythons pythons. Accordingly, the area of the are nonvenomous. Captive reticulated can carry ticks of agricultural mainland United States showing a pythons can carry ticks of agricultural significance (potential threat to climate match is smaller, exclusively significance (potential threat to domestic livestock) in Florida. subtropical, and limited to southern domestic livestock) in Florida (Burridge Because reticulated pythons are likely Florida and extreme southern Texas. et al. 2000, 2006; Clark and Doten 1995). to escape captivity or be released into Low and mid-elevation sites in the The reticulated python can be an the wild if imported to areas of the United States’ tropical territories (Guam, aggressive and dangerous species of United States that have suitable climate Northern Mariana Islands, American giant constrictor to humans. Reed and and habitat and do not currently contain Samoa, Virgin Islands, Puerto Rico) and Rodda (2009) cite numerous sources of the species; are likely to survive, Hawaii also appear to be climate- people being bitten, attacked, and even become established, and spread if

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escaped or released; are likely to prey south Texas, and parts of Hawaii and temperament and readiness to bite if on and compete with native species for Puerto Rico. Northern African pythons harassed by people. Although African food and habitat (including threatened are highly likely to spread and become pythons can easily kill an adult person, and endangered species); are likely to be established in the wild due to common attacks on humans are uncommon (Reed disease vectors for livestock; and traits shared by the giant constrictors, and Rodda 2009). because they would be difficult to including large size, habitat generalist, prevent, eradicate, or reduce large tolerance of urbanization, high Factors That Reduce or Remove populations; control spread to new reproductive potential, long distance Injuriousness for Northern African locations; or recover ecosystems disperser, early maturation, rapid Python growth, longevity, and a generalist sit- disturbed by the species, the Service Control finds reticulated python to be injurious and-wait style of predation. to humans and to wildlife and wildlife Potential Impacts to Native Species As with the other giant constrictors, resources of the United States. (including Threatened and Endangered prevention, eradication, management, or Factors That Contribute to Species) control of the spread of Northern Injuriousness for Northern African Northern African pythons are highly African pythons will be highly unlikely. Python likely to prey on native species, Please see the Control section for the Indian python for reasons why the Current Nonnative Occurrences including threatened and endangered species. As with most of the giant Northern African pythons would be Several Northern African pythons constrictors, adult African pythons difficult to control, all of which apply have been found in Florida and primarily eat endothermic prey from a to this large constrictor. elsewhere in the United States—most of wide variety of taxa. Adverse effects of these are assumed to be escaped or Potential Ecological Benefits for Northern African pythons on selected Introduction released pets (Reed and Rodda 2009). threatened and endangered species are From 2005 to 2009, adults and likely to be moderate to high. While the introduction of a faunal hatchlings have been captured, Please see Potential Impacts to Native biomass could potentially provide a confirming the presence of a population Species (including Threatened and food source for some native carnivores, of Northern African pythons along the Endangered Species) under Factors that species native to the United States are western border of Miami, adjacent to the Contribute to the Injuriousness for Everglades. From May 2009 to January unlikely to possess the hunting ability Indian Python for a description of the for such large, camouflaged snakes and 2010, four specimens were found by impacts that Northern African pythons would not likely turn to large herpetologists and the Miami-Dade would have on native species. These constrictor snakes as a food source. The County Anti-Venom Response Unit, impacts are applicable to Northern risks to native wildlife greatly outweigh including hatchlings and adults African pythons by comparing their collected from an area of about 2 prey type with the suitable climate areas this unlikely benefit. There are no other kilometers (1.6 miles) in diameter and the listed species found in those potential ecological benefits from the known as the Bird Drive Recharge Basin areas; suitable climate areas and the introduction into the United States or (Miami-Dade County). Dr. Kenneth listed species can be found in the draft establishment in the United States of Krysko, Senior Biological Scientist, environmental assessment. Northern African pythons. Division of Herpetology, Florida According to the climate suitability Conclusion Museum of Natural History, University maps (Reed and Rodda 2009), of Florida, is preparing a summary of threatened and endangered species from Northern African pythons are long- recent collections and observations of parts of Florida, most of Hawaii, and all lived (some have lived in captivity for the Northern African Python from the of Puerto Rico would be at risk from the 27 years). The species feeds primarily Bird Drive Recharge Basin in Miami- establishment of Northern African on warm-blooded prey (mammals and Dade County. One Northern African pythons. In addition, we assume that birds). Northern African pythons have python has also been collected on State Guam, the U.S. Virgin Islands, and other been found to be reproducing in Florida. Road 72 approximately 6.43 km (4 mi) territories would have suitable habitat Therefore, they pose a risk to native east of Myakka River State Park, and climate to support Northern African wildlife, including threatened and Sarasota County, Florida. pythons, and these also have federally endangered species. African pythons In the Commonwealth of Puerto Rico, threatened and endangered species that (both wild and captive-bred) are noted African pythons have been found in the would be at risk if Northern African for their bad temperament and have western region of the island (Mayaguez), pythons became established. the San Juan metro area, and the reportedly also attacked humans. southern region of the island Potential Impacts to Humans Because Northern African pythons are (Guayama). The introduction or establishment of likely to escape or be released into the Northern African pythons may have Potential Introduction and Spread wild if imported to the United States; negative impacts on humans primarily are likely to spread from their current Northern African pythons have from the loss of native wildlife established range to new natural areas escaped captivity or been released into biodiversity, as discussed above. These in the United States; are likely to prey the wild in Florida and Puerto Rico and losses would affect the aesthetic, on native species (including threatened are likely to continue to escape and be recreational, and economic values and endangered species); and because it released into the wild.. Based on Reed currently provided by native wildlife would be difficult to eradicate or reduce and Rodda (2009), extrapolation of and healthy ecosystems. Educational large populations, or recover ecosystems climate from the native range and values would also be diminished disturbed by the species, the Service mapped to the United States for through the loss of biodiversity and finds the Northern African python to be Northern African pythons exhibit a ecosystem health. climate match that includes a large African pythons (both wild and injurious to humans and to wildlife and portion of peninsular Florida, extreme captive-bred) are noted for their bad wildlife resources of the United States.

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Factors That Contribute to territories would have suitable habitat portions of Texas from the Big Bend Injuriousness of the Southern African and climate to support Southern African region to the southeasternmost extent of Python pythons, and these also have federally the State. Because Southern African threatened and endangered species that pythons are likely to escape or be Current Nonnative Occurrences would be at risk if Southern African released into the wild if imported to the Occurrences of the Southern African pythons became established. United States; are likely to survive, python in the United States are Potential Impacts to Humans become established, and spread if unknown. escaped or released; are likely to prey The introduction or establishment of Potential Introduction and Spread on and compete with native species for Southern African pythons may have food and habitat (including threatened Southern African pythons are likely to negative impacts on humans primarily and endangered species); and because it escape or be released into the wild if from the loss of native wildlife would be difficult to prevent, eradicate, imported into the United States. The biodiversity, as discussed above. These or reduce large populations; control Southern African python climate match losses would affect the aesthetic, spread to new locations; or recover extends slightly farther to the north in recreational, and economic values ecosystems disturbed by the species, the Florida than the Northern African currently provided by native wildlife Service finds the Southern African python and also includes portions of and healthy ecosystems. Educational python to be injurious to humans and to Texas from the Big Bend region to the values would also be diminished the wildlife and wildlife resources of southeasternmost extent of the State. If through the loss of biodiversity and the United States. Southern African pythons escape or are ecosystem health. intentionally released, they are likely to African pythons (both wild and Factors That Contribute to survive or become established within captive-bred) are noted for their bad Injuriousness for Boa Constrictor temperament and readiness to bite if their respective thermal and Current Nonnative Occurrences precipitation limits. Southern African harassed by people. Although African pythons are highly likely to spread and pythons can easily kill an adult person, At the 180-hectare (444-acre) Deering become established in the wild due to attacks on humans are uncommon (Reed Estate in Cutler, Florida (a preserve at common traits shared by the giant and Rodda 2009). the edge of Biscayne Bay in Miami-Dade County), boa constrictors are found in constrictors, including large size, habitat Factors That Reduce or Remove generalist, tolerance of urbanization, multiple habitats, including tropical Injuriousness for Southern African hardwood hammocks, dirt roads and high reproductive potential, long Python distance disperser, early maturation, trails, landscaped areas, and pine rapid growth, longevity, and a generalist Control rocklands. In addition, 15 boa sit-and-wait style of predation. As with the other giant constrictors, constrictors have been removed in Indian River County, Florida, by animal Potential Impacts to Native Species prevention, eradication, management, or control of the spread of Southern damage control officers (Dangerfield, (including Threatened and Endangered pers. comm. 2010). Species) African pythons will be highly unlikely. Please see the Control section for the In the Commonwealth of Puerto Rico, Southern African pythons are highly Indian python for reasons why the approximately 100 boa constrictors have likely to prey on native species, Southern African pythons would be been collected or reported in the wild including threatened and endangered difficult to control, all of which apply throughout the island, but primarily on species. As with most of the giant to these large constrictors. the west side of the island (particularly constrictors, adult African pythons Mayaguez). The Puerto Rico Department primarily eat endothermic prey from a Potential Ecological Benefits for of Natural and Environmental Resources wide variety of taxa. Adverse effects of Introduction believes that this species is frequently Southern African pythons on selected While the introduction of a faunal breeding on the island (Saliva, pers. threatened and endangered species are biomass could potentially provide a comm. 2009) likely to be moderate to high. food source for some native carnivores, Potential Introduction and Spread Please see Potential Impacts to Native species native to the United States are Species (including Threatened and unlikely to possess the hunting ability Boa constrictors (Boa constrictor) Endangered Species) under Factors that for such large, camouflaged snakes and have escaped captivity or been released Contribute to the Injuriousness for would not likely turn to large into the wild in Florida and Puerto Rico Indian Python for a description of the constrictor snakes as a food source. The (Snow et al. 2007; Reed and Rodda impacts that Southern African pythons risks to native wildlife greatly outweigh 2009), and, therefore, the likelihood of would have on native species. These this unlikely benefit. There are no other release or escape from captivity is high. impacts are applicable to Southern potential ecological benefits from the Boa constrictors are highly likely to African pythons by comparing their introduction into the United States or survive in natural ecosystems of the prey type with the suitable climate areas establishment in the United States of United States. The suitable climate and the listed species found in those Southern African pythons. match area with the boa constrictor’s areas; suitable climate areas and the native range (excluding the Argentine listed species can be found in the draft Conclusion boa B. c. occidentalis) includes environmental assessment. Southern African pythons are long- peninsular Florida south of According to the climate suitability lived. This species feeds primarily on approximately Orlando and extreme maps (Reed and Rodda 2009), warm-blooded prey (mammals and south Texas, as well as parts of Hawaii threatened and endangered species from birds). Therefore, they pose a risk to and Puerto Rico (Reed and Rodda 2009). parts of Florida, Texas, Hawaii, and native wildlife, including threatened As discussed above, nonnative Puerto Rico would be at risk from the and endangered species. Their climate occurrences in the United States already establishment of Southern African match extends slightly farther to the include South Florida and the pythons. In addition, we assume that north in Florida than the Northern Commonwealth of Puerto Rico. If boa Guam, the U.S. Virgin Islands, and other African python and also includes constrictors escape or are intentionally

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released, they are likely to survive or to support boa constrictors, and these generalist, tolerance of urbanization, become established within their also have federally threatened and high reproductive potential, long respective thermal and precipitation endangered species that would be at risk distance disperser, early maturation, limits. Boa constrictors are highly likely if boa constrictors became established. rapid growth, longevity, and a generalist to spread and become established in the sit-and-wait style of predation. Potential Impacts to Humans wild due to common traits shared by the Because boa constrictors are likely to giant constrictors, including large size, The introduction or establishment of escape or be released into the wild if habitat generalist, tolerance of boa constrictors may have negative imported to the United States; are likely urbanization, high reproductive impacts on humans primarily from the to spread from their current established potential, long distance disperser, early loss of native wildlife biodiversity, as range to new natural areas in the United maturation, rapid growth, longevity, and discussed above. These losses would States; are likely to prey on native a generalist sit-and-wait style of affect the aesthetic, recreational, and species (including threatened and predation. economic values currently provided by endangered species); and because it native wildlife and healthy ecosystems. Potential Impacts to Native Species would be difficult to eradicate or reduce Educational values would also be large populations, or recover ecosystems (including Threatened and Endangered diminished through the loss of Species) disturbed by the species, the Service biodiversity and ecosystem health. finds the boa constrictor to be injurious Boa constrictors are highly likely to Factors That Reduce or Remove to humans and to wildlife and wildlife prey on native species, including Injuriousness for Boa Constrictor resources of the United States. threatened and endangered species. As with most of the giant constrictors, adult Control Factors That Contribute to Injuriousness for Yellow Anaconda boa constrictors primarily eat Prevention, eradication, management, endothermic prey from a wide variety of or control of the spread of boa Current Nonnative Occurrences taxa. Boa constrictors are ambush constrictors once established will be An adult yellow anaconda was predators, and as such will often lie in highly unlikely. Please see the ‘‘Control’’ wait to attack appropriate prey. A collected from Big Cypress National section for the Indian python for reasons Reserve in southern Florida in January sample of 47 boas from an introduced why the boa constrictor would be population on Aruba contained 52 prey 2007, and another individual was difficult to control, all of which apply photographed basking along a canal items, of which 40 percent were birds, to this large constrictor. 35 percent were lizards, and 25 percent about 25 km (15.5 mi) north of that were mammals (Quick et al. 2005). Potential Ecological Benefits for location in January 2008. In 2008, an Potential prey at the Deering Estate at Introduction unnamed observer reportedly captured Cutler (Miami-Dade County) includes While the introduction of a faunal two anacondas that most closely fit the about 160 species of native resident or biomass could potentially provide a description of the yellow anaconda migratory bird species, a variety of small food source for some native carnivores, farther to the east near the Palm Beach, and medium-sized mammalian species, species native to the United States are Florida, county line. In the and native and exotic lizard species unlikely to possess the hunting ability Commonwealth of Puerto Rico, a few (Snow et al. 2007). They have also been for such large, camouflaged snakes and individuals of the yellow anaconda have known to actively hunt, particularly in would not likely turn to large been collected in the central region of regions with a low concentration of constrictor snakes as a food source. The the island (Villalba area). suitable prey, and this behavior risks to native wildlife greatly outweigh Potential Introduction and Spread generally occurs at night. Adverse this unlikely benefit. There are no other effects of boa constrictors on threatened potential ecological benefits from the Yellow anacondas have escaped or and endangered species is likely to be introduction into the United States or been released into the wild in Florida moderate to high. establishment in the United States of and Puerto Rico and are likely to escape Please see Potential Impacts to Native boa constrictors. or be released into the wild. Yellow Species (including Threatened and anacondas are highly likely to survive in Endangered Species) under Factors that Conclusion natural ecosystems of the United States. Contribute to the Injuriousness for Boa constrictors have one of the The yellow anaconda has a native-range Indian Python for a description of the widest latitudinal distributions of any distribution that includes highly impacts that boa constrictors would snake in the world. In their native range, seasonal and fairly temperate regions in have on native species. These impacts boa constrictors inhabit environments South America. When projected to the are applicable to boa constrictors by from sea level to 1,000 m (3,280 ft), United States, the climate space comparing their prey type with the including wet and dry tropical forest, occupied by yellow anaconda maps to a suitable climate areas and the listed savanna, very dry thorn scrub, and fairly large area, including virtually all species found in those areas; suitable cultivated fields. Nonnative occurrences of peninsular Florida and a corner of climate areas and the listed species can in the United States include South southeast Georgia (to about the latitude be found in the draft environmental Florida and the Commonwealth of of Brunswick), as well as large parts of assessment. Puerto Rico. Boa constrictors are the southern and eastern Texas and a small According to the climate suitability most commonly imported of the nine portion of southern California. Large maps (Reed and Rodda 2009), proposed constrictor snakes. If boas areas of Hawaii and Puerto Rico appear threatened and endangered species from escape or are intentionally released into to exhibit suitable climates, and parts of Florida, Texas, New Mexico, new areas, they are likely to survive or additional insular United States Arizona, California, and Hawaii, and all become established within their possessions (Guam, Northern Marianas, of Puerto Rico would be at risk from the respective thermal limits. Boa American Samoa, and so on) would establishment of boa constrictors. In constrictors are highly likely to spread probably be suitable as well. Within the addition, we assume that Guam, the and become established in the wild due areas deemed suitable, however, the U.S. Virgin Islands, and other territories to common traits shared by the giant yellow anaconda would be expected to would have suitable habitat and climate constrictors, including large size, habitat occupy only habitats with permanent

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surface water. Yellow anacondas are Factors That Reduce or Remove or reduce large populations; control highly likely to spread to suitable Injuriousness for Yellow Anaconda spread to new locations; or recover permanent surface water areas because ecosystems disturbed by the species, the Control of their large size, high reproductive Service finds the yellow anaconda to be potential, early maturation, rapid Prevention, eradication, management, injurious to humans and to wildlife and growth, longevity, and generalist- or control of the spread of yellow wildlife resources of the United States. surprise attack predation. anacondas will be highly unlikely. Please see the ‘‘Control’’ section for the Factors That Contribute to Potential Impacts to Native Species Indian python for reasons why yellow Injuriousness for DeSchauensee’s (including Threatened and Endangered anacondas would be difficult to control, anaconda Species) all of which apply to this large Current Nonnative Occurrences constrictor. Yellow anacondas are highly likely to Occurrences of the DeSchauensee’s prey on native species, including select Potential Ecological Benefits for anaconda in the United States are threatened and endangered species. The Introduction unknown. prey list suggests that yellow anacondas While the introduction of a faunal employ both ‘‘ambush predation’’ and Potential Introduction and Spread biomass could potentially provide a ‘‘wide-foraging’’ strategies (Reed and food source for some native carnivores, DeSchauensee’s anaconda is likely to Rodda 2009). The snakes forage species native to the United States are escape or be released into the wild if predominately in open, flooded unlikely to possess the hunting ability imported into the United States. Reed habitats, in relatively shallow water; for such large, camouflaged snakes and and Rodda’s (2009) map identified no wading birds are their most common would not likely turn to large areas of the continental United States or prey. They have also been known to constrictor snakes as a food source. The Hawaii that appear to have precipitation prey on fish, turtles, small caimans, risks to native wildlife greatly outweigh and temperature profiles similar to lizards, birds, eggs, small mammals, and this unlikely benefit. There are no other those observed in the species’ native fish carrion (Reed and Rodda). potential ecological benefits from the range, although the southern margin of Threatened and endangered species introduction into the United States or Puerto Rico and its out-islands (for occupying flooded areas, such as the establishment in the United States of example, Vieques and Culebra) appear Everglades, would be at risk. yellow anacondas. suitable. Please see Potential Impacts to Native Species (including Threatened and Conclusion Potential Impacts to Native Species (including Threatened and Endangered Endangered Species) under Factors that Yellow anacondas are highly likely to Species) Contribute to the Injuriousness for survive in natural ecosystems of the Indian Python for a description of the United States. The species has a native- The DeSchauensee’s anaconda would impacts that yellow anacondas would range distribution that includes highly likely have a similar potential impact as have on native species. These impacts seasonal and fairly temperate regions in the yellow anaconda. DeSchauensee’s are applicable to yellow anacondas by South America. When projected to the anacondas are highly likely to prey on comparing their prey type with the United States, the climate space native species, including select suitable climate areas and the listed occupied by yellow anaconda maps to a threatened and endangered species. species found in those areas; suitable fairly large area, including virtually all Anacondas employ both ‘‘ambush climate areas and the listed species can of peninsular Florida and a corner of predation’’ and ‘‘wide-foraging’’ be found in the draft environmental southeast Georgia (to about the latitude strategies (Reed and Rodda 2009). assessment. of Brunswick), as well as large parts of Threatened and endangered wildlife According to the climate suitability southern and eastern Texas and a small occupying the DeSchauensee’s maps (Reed and Rodda 2009), portion of southern California. Large anaconda’s preferred habitats would be threatened and endangered species from areas of Hawaii and Puerto Rico appear at risk. parts of Florida, Texas, Hawaii, and to exhibit suitable climates, and Please see Potential Impacts to Native Puerto Rico would be at risk from the additional insular U.S. possessions Species (including Threatened and establishment of yellow anacondas. In (such as Guam, Northern Marianas, Endangered Species) under Factors that addition, we assume that Guam, the American Samoa) would probably be Contribute to the Injuriousness for U.S. Virgin Islands, and other territories suitable as well. Yellow anacondas are Indian Python for a description of the would have suitable habitat and climate highly likely to spread to suitable impacts that DeSchauensee’s anacondas to support yellow anacondas, and these permanent surface water areas because would have on native species. These also have federally threatened and of their large size, high reproductive impacts are applicable to endangered species that would be at risk potential, early maturation, rapid DeSchauensee’s anacondas by if yellow anacondas became established. growth, longevity, and generalist- comparing their prey type with the suitable climate areas and the listed Potential Impacts to Humans surprise attack predation. Because the yellow anacondas are species found in those areas; suitable The introduction or establishment of likely to escape captivity or be released climate areas and the listed species can yellow anacondas may have negative into the wild if imported to the United be found in the draft environmental impacts on humans primarily from the States (note that the yellow anaconda assessment. loss of native wildlife biodiversity, as has already been found in the wild in According to the climate suitability discussed above. These losses would Florida); are likely to survive, become maps (Reed and Rodda 2009), affect the aesthetic, recreational, and established, and spread if escaped or threatened and endangered species from economic values currently provided by released; are likely to prey on and part of Puerto Rico would be at risk native wildlife and healthy ecosystems. compete with native species for food from the establishment of Educational values would also be and habitat (including threatened and DeSchauensee’s anacondas. In addition, diminished through the loss of endangered species); and because it we assume that Guam, the U.S. Virgin biodiversity and ecosystem health. would be difficult to prevent, eradicate, Islands, and other territories would have

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suitable habitat and climate to support escaped or released; are likely to prey Potential Impacts to Native Species DeSchauensee’s anacondas, and these on and compete with native species for (including Threatened and Endangered also have federally threatened and food and habitat (including threatened Species) endangered species that would be at risk and endangered species); and because Green anacondas are highly likely to if DeSchauensee’s anacondas became they would be difficult to prevent, prey on native species, including established. eradicate, or reduce large populations; threatened and endangered species. Potential Impacts to Humans control spread to new locations; or They are primarily aquatic and eat a recover ecosystems disturbed by the The introduction or establishment of wide variety of prey, including fish, DeSchauensee’s anacondas may have species, the Service finds the birds, mammals, and other reptiles. Please see Potential Impacts to Native negative impacts on humans primarily DeSchauensee’s anaconda to be Species (including Threatened and from the loss of native wildlife injurious to humans and to wildlife and biodiversity, as discussed above. These wildlife resources of the United States. Endangered Species) under Factors that losses would affect the aesthetic, Contribute to the Injuriousness for Factors That Contribute to Indian Python for a description of the recreational, and economic values Injuriousness for Green Anaconda currently provided by native wildlife impacts that green anacondas would and healthy ecosystems. Educational Current Nonnative Occurrences have on native species. These impacts values would also be diminished are applicable to green anacondas by through the loss of biodiversity and An individual green anaconda comparing their prey type with the ecosystem health. (approximately 2.5 m (8.2 ft) total suitable climate areas and the listed length) was found dead on US 41 in the species found in those areas; suitable Factors That Reduce or Remove vicinity of Fakahatchee Strand Preserve climate areas and the listed species can Injuriousness for DeSchauensee’s State Park in Florida in December 2004 be found in the draft environmental Anaconda (Reed and Rodda 2009). There are assessment. Control reports of two medium-sized adults and According to the climate suitability a juvenile green anaconda observed but maps (Reed and Rodda 2009), Prevention, eradication, management, threatened and endangered species from not collected in this general area. A 3.65 or control of the spread of parts of Florida, Hawaii, and most of m (12 ft) green anaconda was removed DeSchauensee’s anacondas will be Puerto Rico would be at risk from the highly unlikely. Please see the ‘‘Control’’ from East Lake Fish Camp in northern establishment of green anacondas. In section for the Indian python for reasons Oceola County, Florida, on January 13, addition, we assume that Guam, the why yellow anacondas would be 2010. This was the first live green U.S. Virgin Islands, and other territories difficult to control, all of which apply anaconda to be caught in the wild in would have suitable habitat and climate to this large constrictor. Florida (Florida Fish and Wildlife to support green anacondas, and these Potential Ecological Benefits for Conservation Commission 2010). also have federally threatened and Introduction Potential Introduction and Spread endangered species that would be at risk While the introduction of a faunal if green anacondas became established. biomass could potentially provide a Green anacondas have escaped Potential Impacts to Humans captivity or been released into the wild food source for some native carnivores, The introduction or establishment of species native to the United States are in Florida, and the likelihood of escape or release is medium. Green anacondas green anacondas may have negative unlikely to possess the hunting ability impacts on humans primarily from the for such large, camouflaged snakes and are likely to survive in natural loss of native wildlife biodiversity, as would not likely turn to large ecosystems of the United States. Much discussed above. These losses would constrictor snakes as a food source. The of peninsular Florida (roughly south of affect the aesthetic, recreational, and risks to native wildlife greatly outweigh Gainesville) and extreme south Texas economic values currently provided by this unlikely benefit. There are no other exhibit climatic conditions similar to native wildlife and healthy ecosystems. potential ecological benefits from the those experienced by green anacondas Educational values would also be introduction into the United States or in their large South American native diminished through the loss of establishment in the United States of range. Lower elevations in Hawaii and biodiversity and ecosystem health. DeSchauensee’s anacondas. all of Puerto Rico have apparently Conclusion suitable climates, but the rest of the Factors That Reduce or Remove country appears to be too cool or arid. Injuriousness for Green Anaconda DeSchauensee’s anacondas are highly likely to spread to suitable permanent Within the climate-matched area, Control however, anacondas would not be at surface water areas because of their Prevention, eradication, management, large size, high reproductive potential, risk of establishment in sites lacking or control of the spread of green early maturation, rapid growth, surface water. The primarily nocturnal anacondas as once established in the longevity, and generalist-surprise attack anaconda species tends to spend most of United States will be highly unlikely. predation. DeSchauensee’s anacondas its life in or around water. Green Please see the ‘‘Control’’ section for the are highly likely to survive in natural anacondas are highly likely to spread Indian python for reasons why green ecosystems of a small but vulnerable and become established in the wild due anacondas would be difficult to control, region of the United States, such the to rapid growth to a large size (which all of which apply to this large southern margin of Puerto Rico and its encourages pet owners to release them), constrictor. out-islands. a high reproductive potential, early Because DeSchauensee’s anacondas maturation, and a sit-and-wait style of Potential Ecological Benefits for Introduction are likely to escape captivity or be predation. There is evidence that green released into the wild if imported to the anacondas are facultatively (if no other While the introduction of a faunal United States; are likely to survive, males are available) parthenogenic. biomass could potentially provide a become established, and spread if food source for some native carnivores,

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species native to the United States are into the United States, in part because parts of Hawaii, and most of Puerto Rico unlikely to possess the hunting ability of their large size (which encourages pet would be at risk from the establishment for such large, camouflaged snakes and owners to release them). Beni anacondas of Beni anacondas. In addition, we would not likely turn to large are highly likely to survive in natural assume that Guam, the U.S. Virgin constrictor snakes as a food source. The ecosystems of the United States. The Islands, and other territories would have risks to native wildlife greatly outweigh Beni anaconda is known from few suitable habitat and climate to support this unlikely benefit. There are no other specimens in a small part of Bolivia, Beni anacondas, and these also have potential ecological benefits from the and Reed and Rodda (2009) judged the federally threatened and endangered introduction into the United States or number of available localities to be species that would be at risk if Beni establishment in the United States of insufficient for an attempt to delineate anacondas became established. its climate space or extrapolate this green anacondas. Potential Impacts to Humans space to the United States. Beni Conclusion anacondas are known from sites with The introduction or establishment of The green anaconda is the among the low seasonality (mean monthly Beni anacondas may have negative world’s heaviest snakes, ranging up to temperatures approximately 22.5 oC (72 impacts on humans primarily from the 200 kg (441 lbs). Large adults are oF) to 27.5 oC (77 oF), and mean loss of native wildlife biodiversity, as heavier than almost all native, terrestrial monthly precipitation about 5 to 30 cm discussed above. These losses would predators in the United States, even (2 to 12 in). It is unknown whether the affect the aesthetic, recreational, and many bears. Native fauna have no species’ native distribution is limited by economic values currently provided by experience defending themselves factors other than climate; if the small native wildlife and healthy ecosystems. against this type of novel, giant native range is attributable to ecological Educational values would also be predator. The range of the green (for example, competition with green diminished through the loss of anaconda is largely defined by the anacondas), or historical (for example, biodiversity and ecosystem health. availability of aquatic habitats. These climate change) factors. If so, then Reed Factors That Reduce or Remove include deep and shallow, turbid and and Rodda’s (2009) qualitative estimate Injuriousness for Beni Anaconda clear, and lacustrine and riverine of the climatically suitable areas of the systems. Most of these habitats are United States would represent Control found in Florida, including the underprediction. As a component of the Prevention, eradication, management, Everglades, which is suitable climate for risk assessment, the Beni anaconda’s or control of the spread of Beni the species. Green anacondas are top colonization potential is described by anacondas as once established in the predators in South America, consuming Reed and Rodda (2009) as capable of United States will be highly unlikely. birds, mammals, fish, and reptiles; prey survival in small portions of the Please see the ‘‘Control’’ section for the size includes deer and crocodilians. mainland or on America’s tropical Indian python for reasons why Beni This diet is even broader than the diet islands (Hawaii, Puerto Rico, American anacondas would be difficult to control, of Indian and reticulated pythons. There Samoa, Guam, Northern Mariana all of which apply to this large is evidence that female green anacondas Islands, Virgin Islands). constrictor. are facultatively parthenogenic and Beni anacondas are highly likely to spread and become established in the Potential Ecological Benefits for could therefore reproduce even if a Introduction single female is released or escapes into wild due to rapid growth to a large size, the wild. a high reproductive potential, early While the introduction of a faunal Because green anacondas are likely to maturation, and a sit-and-wait style of biomass could potentially provide a escape or be released into the wild if predation. food source for some native carnivores, species native to the United States are imported to the United States (note that Potential Impacts to Native Species unlikely to possess the hunting ability the green anaconda has already been (including Threatened and Endangered for such large, camouflaged snakes and found in the wild in Florida); are likely Species) to survive, become established, and would not likely turn to large Beni anacondas are highly likely to spread if escaped or released; are likely constrictor snakes as a food source. The prey on native species, including to prey on and compete with native risks to native wildlife greatly outweigh threatened and endangered species. species for food and habitat (including this unlikely benefit. There are no other They are primarily aquatic and eat a threatened and endangered species); potential ecological benefits from the wide variety of prey, including fish, and because it would be difficult to introduction into the United States or birds, mammals, and other reptiles. prevent, eradicate, or reduce large establishment in the United States of Please see Potential Impacts to Native Beni anacondas. populations; control spread to new Species (including Threatened and locations; or recover ecosystems Endangered Species) under Factors that Conclusion disturbed by the species, the Service Contribute to the Injuriousness for Large adults are heavier than almost finds the green anaconda to be injurious Indian Python for a description of the all native, terrestrial predators in the to humans and to wildlife and wildlife impacts that Beni anacondas would United States, even many bears. Native resources of the United States. have on native species. These impacts fauna have no experience defending Factors That Contribute to are applicable to Beni anacondas by themselves against this type of novel, Injuriousness for Beni Anaconda comparing their prey type with the giant predator. The range of the Beni suitable climate areas and the listed anaconda is largely defined by the Current Nonnative Occurrences species found in those areas; suitable availability of aquatic habitats. Beni Occurrences of the Beni anaconda in climate areas and the listed species can anacondas are top predators in South the United States are unknown. be found in the draft environmental America, consuming birds, mammals, assessment. fish, and reptiles; prey size includes Potential Introduction and Spread According to the climate suitability deer and crocodilians. This diet is even Beni anacondas are likely to escape or maps (Reed and Rodda 2009), broader than the diet of Indian and be released into the wild if imported threatened and endangered species from reticulated pythons.

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Because the Beni anaconda are likely is longer than any native, terrestrial native wildlife, including threatened to escape or be released into the wild if animal in the United States. Native and endangered species. Their climate imported to the United States; are likely fauna have no experience defending match extends slightly farther to the to survive, become established, and against this type of novel, giant north in Florida than the Northern spread if escaped or released; are likely predator. Several captive reticulated African python and also includes to prey on and compete with native pythons have lived for nearly 30 years. portions of Texas from the Big Bend species for food and habitat (including The reticulated python can be an region to the southeasternmost extent of threatened and endangered species); aggressive and dangerous species to the State. Because Southern African and because it would be difficult to humans. Therefore, even one escaped pythons are likely to escape or be prevent, eradicate, or reduce large individual can cause injury to wildlife released into the wild if imported to the populations; control spread to new and possibly humans for several United States; are likely to survive, locations; or recover ecosystems decades. Captive reticulated pythons become established, and spread if disturbed by the species, the Service can carry ticks of agricultural escaped or released; are likely to prey finds the Beni anaconda to be injurious significance (potential threat to on and compete with native species for to humans and to wildlife and wildlife domestic livestock) in Florida. food and habitat (including threatened resources of the United States. Because reticulated pythons are likely and endangered species); and because it to escape captivity or be released into would be difficult to prevent, eradicate, Conclusions for the Nine Constrictor the wild if imported to areas of the Snakes or reduce large populations; control United States that have suitable climate spread to new locations; or recover Indian python and habitat and do not currently contain ecosystems disturbed by the species, the the species; are likely to survive, Service finds the Southern African The Indian python is one of the become established, and spread if python to be injurious to humans and to largest snakes in the world, reaching escaped or released; are likely to prey the wildlife and wildlife resources of lengths of up to 7 m (23 ft) and weights on and compete with native species for the United States. of over 90 kilograms (kg) (almost 200 food and habitat (including threatened pounds (lbs)). This is longer than any and endangered species); are likely to be Boa constrictor native, terrestrial animal in the United disease vectors for livestock; and States, including alligators, and three because they would be difficult to Boa constrictors have one of the times longer than the longest native prevent, eradicate, or reduce large widest latitudinal distributions of any snake species. Native fauna have no populations; control spread to new snake in the world. In their native range, experience defending against this type locations; or recover ecosystems boa constrictors inhabit environments of novel, giant predator. Hatchlings are disturbed by the species, the Service from sea level to 1,000 m (3,280 ft), about the size of average adult native finds reticulated python to be injurious including wet and dry tropical forest, snakes and can more than double in size to humans and to wildlife and wildlife savanna, very dry thorn scrub, and within the first year. In addition, Indian resources of the United States. cultivated fields. Nonnative occurrences pythons reportedly can fertilize their in the United States include South Northern African Pythons own eggs and have viable eggs after Florida and the Commonwealth of several years in isolation. The life Northern African pythons are long- Puerto Rico. Boa constrictors are the expectancy of Indian pythons is 20 to 30 lived (some have lived in captivity for most commonly imported of the nine years. Even a single python (especially 27 years). The species feeds primarily proposed constrictor snakes. If boas a female) in a small area, such as one on warm-blooded prey (mammals and escape or are intentionally released into of the Florida Keys or insular islands, birds). Northern African pythons have new areas, they are likely to survive or can devastate the population of a been found to be reproducing in Florida. become established within their federally threatened or endangered Therefore, they pose a risk to native respective thermal and precipitation species. There are currently no effective wildlife, including threatened and limits. Boa constrictors are highly likely control methods for Indian pythons, nor endangered species. African pythons to spread and become established in the are any anticipated in the near future. (both wild and captive-bred) are noted wild due to common traits shared by the Therefore, because Indian pythons for their bad temperament and have giant constrictors, including large size, have already established populations in reportedly also attacked humans. habitat generalist, tolerance of some areas of the United States; are Because Northern African pythons are urbanization, high reproductive likely to spread from their current likely to escape or be released into the potential, long distance disperser, early established range to new natural areas wild if imported to the United States; maturation, rapid growth, longevity, and in the United States; are likely to are likely to spread from their current a generalist sit-and-wait style of become established in disjunct areas of established range to new natural areas predation. the United States with suitable climate in the United States; are likely to prey and habitat if released there; are likely on native species (including threatened Because boa constrictors are likely to to prey on and compete with native and endangered species); and because it escape or be released into the wild if species (including threatened and would be difficult to eradicate or reduce imported to the United States; are likely endangered species); and it would be large populations, or recover ecosystems to spread from their current established difficult to eradicate or reduce large disturbed by the species, the Service range to new natural areas in the United populations or to recover ecosystems finds the Northern African python to be States; are likely to prey on native disturbed by the species, the Service injurious to humans and to wildlife and species (including threatened and finds the Indian python to be injurious wildlife resources of the United States. endangered species); and because it to humans and to wildlife and wildlife would be difficult to eradicate or reduce Southern African pythons resources of the United States. large populations, or recover ecosystems Southern African pythons are long- disturbed by the species, the Service Reticulated python lived. This species feeds primarily on finds the boa constrictor to be injurious The reticulated python can grow to a warm-blooded prey (mammals and to humans and to wildlife and wildlife length of more that 8.7 m (28.5 ft); this birds). Therefore, they pose a risk to resources of the United States.

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Yellow anaconda would be difficult to prevent, eradicate, broader than the diet of Indian and Yellow anacondas are highly likely to or reduce large populations; control reticulated pythons. survive in natural ecosystems of the spread to new locations; or recover Because the Beni anaconda are likely United States. The species has a native- ecosystems disturbed by the species, the to escape or be released into the wild if range distribution that includes highly Service finds the DeSchauensee’s imported to the United States; are likely seasonal and fairly temperate regions in anaconda to be injurious to humans and to survive, become established, and South America. When projected to the to wildlife and wildlife resources of the spread if escaped or released; are likely United States, the climate space United States. to prey on and compete with native occupied by yellow anaconda maps to a Green anaconda species for food and habitat (including threatened and endangered species); fairly large area, including virtually all The green anaconda is the among the of peninsular Florida and a corner of and because it would be difficult to world’s heaviest snakes, ranging up to prevent, eradicate, or reduce large southeast Georgia (to about the latitude 200 kg (441 lbs). Large adults are of Brunswick), as well as large parts of populations; control spread to new heavier than almost all native, terrestrial locations; or recover ecosystems southern and eastern Texas and a small predators in the United States, even portion of southern California. Large disturbed by the species, the Service many bears. Native fauna have no finds the Beni anaconda to be injurious areas of Hawaii and Puerto Rico appear experience defending themselves to exhibit suitable climates, and to humans and to wildlife and wildlife against this type of novel, giant resources of the United States. additional insular U.S. possessions predator. The range of the green (such as Guam, Northern Marianas, anaconda is largely defined by the Summary of Risk Potentials American Samoa) would probably be availability of aquatic habitats. These Reed and Rodda (2009) found that all suitable as well. Yellow anacondas are include deep and shallow, turbid and of the nine constrictor snakes pose high highly likely to spread to suitable clear, and lacustrine and riverine or medium risks to the interests of permanent surface water areas because systems. Most of these habitats are humans, wildlife, and wildlife resources of their large size, high reproductive found in Florida, including the of the United States. These risk potential, early maturation, rapid Everglades, which is suitable climate for potentials utilize the criteria for growth, longevity, and generalist- the species. Green anacondas are top evaluating species as described by surprise attack predation. predators in South America, consuming ANSTF (1996) (see Lacey Act Because the yellow anacondas are birds, mammals, fish, and reptiles; prey Evaluation Criteria above). That all nine likely to escape captivity or be released size includes deer and crocodilians. species are high or medium risks into the wild if imported to the United This diet is even broader than the diet supports our finding that all nine States (note that the yellow anaconda of Indian and reticulated pythons. There constrictor species should be added to has already been found in the wild in is evidence that female green anacondas the list of injurious reptiles under the Florida); are likely to survive, become are facultatively parthenogenic and Lacey Act. established, and spread if escaped or could therefore reproduce even if a released; are likely to prey on and single female is released or escapes into Required Determinations compete with native species for food the wild. Regulatory Planning and Review and habitat (including threatened and Because green anacondas are likely to endangered species); and because it escape or be released into the wild if The Office of Management and Budget would be difficult to prevent, eradicate, imported to the United States (note that (OMB) has determined that this rule is or reduce large populations; control the green anaconda has already been significant under Executive Order (E.O.) spread to new locations; or recover found in the wild in Florida); are likely 12866. OMB bases its determination ecosystems disturbed by the species, the to survive, become established, and upon the following four criteria: Service finds the yellow anaconda to be spread if escaped or released; are likely (1) Whether the rule will have an injurious to humans and to wildlife and to prey on and compete with native annual effect of $100 million or more on wildlife resources of the United States. species for food and habitat (including the economy or adversely affect an economic sector, productivity, jobs, the DeSchauensee’s anaconda threatened and endangered species); and because it would be difficult to environment, or other units of the DeSchauensee’s anacondas are highly prevent, eradicate, or reduce large government. likely to spread to suitable permanent populations; control spread to new (2) Whether the rule will create surface water areas because of their locations; or recover ecosystems inconsistencies with other Federal large size, high reproductive potential, disturbed by the species, the Service agencies’ actions. early maturation, rapid growth, finds the green anaconda to be injurious (3) Whether the rule will materially longevity, and generalist-surprise attack to humans and to wildlife and wildlife affect entitlements, grants, user fees, predation. DeSchauensee’s anacondas resources of the United States. loan programs, or the rights and are highly likely to survive in natural obligations of their recipients. ecosystems of a small but vulnerable Beni anaconda (4) Whether the rule raises novel legal region of the United States, such the Large adults are heavier than any or policy issues. southern margin of Puerto Rico and its almost all native, terrestrial predators in Executive Order 12866 Regulatory out-islands. the United States, even many bears. Planning and Review (U.S. Office of Because the DeSchauensee’s Native fauna have no experience Management and Budget 1993) and a anaconda is likely to escape captivity or defending themselves against this type subsequent document, Economic be released into the wild if imported to of novel, giant predator. The range of Analysis of Federal Regulations under the United States; are likely to survive, the Beni anaconda is largely defined by Executive Order 12866 (U.S. Office of become established, and spread if the availability of aquatic habitats. Beni Management and Budget 1996), identify escaped or released; are likely to prey anacondas are top predators in South guidelines or ‘‘best practices’’ for the on and compete with native species for America, consuming birds, mammals, economic analysis of Federal food and habitat (including threatened fish, and reptiles; prey size includes regulations. With respect to the and endangered species); and because it deer and crocodilians. This diet is even regulation under consideration, an

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analysis that comports with the Circular species. We provide the value of the This proposed rule, if made final, A-4 would include a full description foregone snakes sold as a rough would list nine constrictor snake and estimation of the economic benefits approximation for the social cost of this species [Indian python (Python and costs associated with proposed rulemaking. We provide molurus), reticulated python implementation of the regulation. These qualitative discussion on the potential (Broghammerus reticulatus or Python benefits and costs would be measured benefits of this rulemaking. In addition, reticulatus), Northern African python by the net change in consumer and we used an input-output model in an (Python sebae), Southern African producer surplus due to the regulation. attempt to estimate the secondary or python (Python natalensis), boa Both producer and consumer surplus multiplier effects of this rulemaking-job constrictor (Boa constrictor), yellow reflect opportunity cost as they measure impacts, job income impacts, and tax anaconda (Eunectes notaeus), what people would be willing to forego revenue impacts (discussed below). DeSchauensee’s anaconda (Eunectes (pay) in order to obtain a particular good Given the paucity of the data to estimate deschauenseei), green anaconda or service. ‘‘Producers’ surplus is the the social cost and given the uncertainty (Eunectes murinus), and Beni anaconda difference between the amount a associated with the appropriateness of (Eunectes beniensis)] as injurious producer is paid for a unit of good and using an input-output model due to the species under the Lacey Act. Entities the minimum amount the producer scale effect, we present preliminary impacted by the listing would include: would accept to supply that unit. results in this regulatory impact (1) Companies importing live snakes, Consumers’ surplus is the difference analysis. We ask for data that might gametes, viable eggs, hybrids; and (2) between what a consumer pays for a shed light on estimating the social companies (breeders and wholesalers) unit of a good and the maximum benefit and cost of this rulemaking. We with interstate sales of live snakes, amount the consumer would be willing also ask for information regarding the gametes, viable eggs, hybrids. to pay for that unit (U.S. Office of appropriateness of using IMPLAN Importation of the nine constrictor Management and Budget 1996, section model to gauge the secondary effects snakes would be eliminated, except as C-1).’’ and if appropriate, the associated specifically authorized. Impacts to In the context of the regulation under uncertainties with the estimates. For the entities breeding or selling these snakes consideration, the economic effects to final rulemaking, we plan to investigate domestically would depend on the three groups would be addressed: (1) the appropriateness of using IMPLAN amount of interstate sales within the producers; (2) consumers; and (3) model, and adjust the presentation of constrictor snake market. Impacts also society. With the prohibition of imports results accordingly. are dependent upon whether or not and interstate shipping, producers, consumers would substitute the breeders, and suppliers would be Regulatory Flexibility Act purchase of an animal that is not listed, affected in several ways. Depending on which would thereby reduce economic Under the Regulatory Flexibility Act the characteristics of a given business impacts. (such as what portion of their sales (as amended by the Small Business For businesses importing large depends on out-of-state sales or Regulatory Enforcement Fairness Act constrictor snakes, the maximum impact imports), sales revenue would be [SBREFA] of 1996) (5 U.S.C. 601, et of this rulemaking would result in 197 reduced or eliminated, thus decreasing seq.), whenever a Federal agency is to 270 small businesses (66 percent) total producer surplus compared to the required to publish a notice of having a reduction in their retail sales situation without the regulation. rulemaking for any proposed or final of between 24 percent and 49 percent. Consumers (pet owners or potential pet rule, it must prepare and make available However, this rulemaking would have owners) would be affected by having a for public comment a regulatory an unknown impact on these small more limited choice of constrictor flexibility analysis that describes the businesses because we do not know: (1) snakes or, in some cases, no choice at effect of the rule on small entities (that Whether these businesses sell other all if out-of-state sales are prohibited. is, small businesses, small snakes and reptiles as well, (2) if the Consequently, total consumer surplus organizations, and small government listed snakes are more profitable than would decrease compared to the jurisdictions). However, no regulatory nonlisted snakes or other aspects of the situation without the regulation. Certain flexibility analysis is required if the business, or (3) if consumers would segments of society may value knowing head of an agency certifies that the rule substitute the purchase of other snakes that the risk to natural areas and other would not have a significant economic that are not listed. potential impacts from constrictor snake impact on a substantial number of small For businesses breeding or selling populations is reduced by implementing entities. Thus, for a regulatory flexibility large constrictor snakes domestically, one of the proposed alternatives. In this analysis to be required, impacts must approximately 62 to 85 percent of these case, consumer surplus would increase exceed a threshold for ‘‘significant entities would qualify as small compared to the situation without the impact’’ and a threshold for a businesses. Under the proposed rule, regulation. If comprehensive ‘‘substantial number of small entities.’’ the interstate transport of the nine information were available on these See 5 U.S.C. 605(b). SBREFA amended constrictor snakes would be different types of producer and the Regulatory Flexibility Act to require discontinued, except as specifically consumer surplus, a comparison of Federal agencies to provide a statement permitted. Thus, any revenue that benefits and costs would be relatively of the factual basis for certifying that a would be potentially earned from this straightforward. However, information rule would not have a significant portion of business would be is not currently available on these economic impact on a substantial eliminated. The amount of sales values so a quantitative comparison of number of small entities. An Initial impacted is completely dependent on benefits and costs is not possible. Regulatory Flexibility Analysis, which the percentage of interstate transport. The limited data currently available we briefly summarize below, was That is, the impact depends on where are estimates of the number of prepared to accompany this rule. See businesses are located and where their constrictor snake imports each year, the the FOR FURTHER INFORMATION CONTACT customers are located. Since number of constrictor snakes bred in the section or http://www.regulations.gov information is not currently available on United States, and a range of retail under Docket No. FWS-R9-FHC-2008- interstate sales of large constrictor prices for each constrictor snake 0015 for the complete document. snakes, we assume that a sales reduction

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of between 20 and 80 percent would tribal governments, or the private sector distribution of power and most likely include the actual impact on and includes both ‘‘Federal responsibilities among the various out-of-state sales. intergovernmental mandates’’ and levels of government. Therefore, in Therefore, this proposed rule may ‘‘Federal private sector mandates.’’ accordance with Executive Order 13132, have a significant economic effect on a These terms are defined in 2 U.S.C. we determine that this rule does not substantial number of small entities as 658(5)-(7). ‘‘Federal intergovernmental have sufficient Federalism implications defined under the Regulatory Flexibility mandate’’ includes a regulation that to warrant the preparation of a Act (5 U.S.C. 601 et seq.). ‘‘would impose an enforceable duty Federalism Assessment. upon State, local, or tribal governments’’ Small Business Regulatory Enforcement Civil Justice Reform with two exceptions. It excludes ‘‘a Fairness Act condition of Federal assistance.’’ It also In accordance with Executive Order The proposed rule is not a major rule excludes ‘‘a duty arising from 12988, the Office of the Solicitor has under 5 U.S.C. 804(2), the Small participation in a voluntary Federal determined that the rule does not Business Regulatory Enforcement program,’’ unless the regulation ‘‘relates unduly burden the judicial system and Fairness Act. This rule: to a then-existing Federal program meets the requirements of sections 3(a) a. Would not have an annual effect on under which $500,000,000 or more is and 3(b)(2) of the Executive Order. The the economy of $100 million or more. provided annually to State, local, and rule has been reviewed to eliminate According to the draft economic tribal governments under entitlement drafting errors and ambiguity, was analysis (USFWS, 2010), the annual authority,’’ if the provision would written to minimize litigation, provides retail value losses for the nine ‘‘increase the stringency of conditions of a clear legal standard for affected constrictor snake species are estimated assistance’’ or ‘‘place caps upon, or conduct rather than a general standard, to range from $3.6 million to $10.7 otherwise decrease, the Federal and promotes simplification and burden million. The 10–year retail value losses Government’s responsibility to provide reduction. to the large constrictor snake market are funding,’’ and the State, local, or tribal Paperwork Reduction Act of 1995 (44 estimated to range from $37.5 million to governments ‘‘lack authority’’ to adjust U.S.C. 3501 et seq.) $93.6 million discounted at 3 percent or accordingly. At the time of enactment, range from $32.1 million to $80.1 these entitlement programs were: This rule does not contain any new million discounted at 7 percent. In Medicaid; AFDC work programs; Child collections of information that require addition, businesses would also face the Nutrition; Food Stamps; Social Services approval by OMB under the Paperwork risk of fines if caught transporting these Block Grants; Vocational Rehabilitation Reduction Act of 1995 (44 U.S.C. 3501 constrictor snakes, gametes, viable eggs, State Grants; Foster Care, Adoption et seq.). This rule will not impose new or hybrids across State lines. The Assistance, and Independent Living; recordkeeping or reporting requirements penalty for a Lacey Act violation is not Family Support Welfare Services; and on State or local governments, more than 6 months in prison and not Child Support Enforcement. ‘‘Federal individuals, businesses, or more than a $5,000 fine for an private sector mandate’’ includes a organizations. OMB has approved the individual and not more than a $10,000 regulation that ‘‘would impose an information collection requirements fine for an organization. enforceable duty upon the private associated with the required permits b. Would not cause a major increase sector, except (i) a condition of Federal and assigned OMB Control No. 1018- in costs or prices for consumers, assistance or (ii) a duty arising from 0093. An agency may not conduct or individual industries, Federal, State, or participation in a voluntary Federal sponsor, and a person is not required to local government agencies, or program.’’ respond to, a collection of information geographic regions. Businesses breeding (b) The rule would not have a unless it displays a currently valid OMB or selling the listed snakes would be significant or unique effect on State, control number. able to substitute other species and local, or tribal governments or the National Environmental Policy Act maintain business by seeking unusual private sector. A statement containing morphologic forms in other snakes. the information required by the We have reviewed this rule in Some businesses, however, may close. Unfunded Mandates Reform Act (2 accordance with the criteria of the We do not have data for the potential U.S.C. 1531 et seq.) is not required. National Environmental Policy Act (42 substitutions and therefore, we do not U.S.C. 4321 et seq.) and the Takings know the number of businesses that Departmental Manual in 516 DM. This may close. In accordance with E.O. 12630 action is being taken to protect the c. Would not have significant adverse (Government Actions and Interference natural resources of the United States. A effects on competition, employment, with Constitutionally Protected Private draft environmental assessment has investment, productivity, innovation, or Property Rights), the rule does not have been prepared and is available for the ability of United States-based significant takings implications. A review by written request (see FOR enterprises to compete with foreign- takings implication assessment is not FURTHER INFORMATION CONTACT section) based enterprises. required. This rule would not impose or at http://www.regulations.gov under significant requirements or limitations Docket No. FWS-R9-FHC-2008-0015. By Unfunded Mandates Reform Act (2 on private property use. adding Indian python, reticulated U.S.C. 1501 et seq.) python, Northern African python, In accordance with the Unfunded Federalism Southern African python, boa Mandates Reform Act (2 U.S.C. 1501), In accordance with E.O. 13132 constrictor, yellow anaconda, the Service makes the following (Federalism), this proposed rule does DeSchauensee’s anaconda, green findings: not have significant Federalism effects. anaconda, and Beni anaconda to the list (a) This rule would not produce a A Federalism assessment is not of injurious wildlife, we intend to Federal mandate. In general, a Federal required. This rule would not have prevent their new introduction, further mandate is a provision in legislation, substantial direct effects on States, in introduction, and establishment into statute, or regulation that would impose the relationship between the Federal natural areas of the United States to an enforceable duty upon State, local, Government and the States, or on the protect native wildlife species, the

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survival and welfare of wildlife and work directly with tribes in developing § 16.15 Importation of live reptiles or their wildlife resources, and the health and programs for healthy ecosystems, to eggs. welfare of humans. If we do not list the acknowledge that tribal lands are not (a) The importation, transportation, or nine constrictor snakes as injurious, the subject to the same controls as Federal acquisition of any live specimen, species may expand in captivity to public lands, to remain sensitive to gamete, viable egg, or hybrid of the States where they are not already found; Indian culture, and to make information species listed in this paragraph is this would increase the risk of their available to tribes. We have evaluated prohibited except as provided under the escape or intentional release and potential effects on federally recognized terms and conditions set forth in § establishment in new areas, which Indian tribes and have determined that 16.22: would likely threaten native fish and there are no potential effects. This rule (1) Boiga irregularis (brown tree wildlife, and humans. Indian pythons, involves the importation and interstate snake). boa constrictors, and Northern African movement of live boa constrictors, four (2) Python molurus (Indian [including pythons are established in southern python species, and four anaconda Burmese] python). Florida and the Commonwealth of species, gametes, viable eggs, or hybrids. (3) Broghammerus reticulatus or Puerto Rico. Releases of the nine We are unaware of trade in these species Python reticulatus (reticulated constrictor snakes into natural areas of by tribes. python). the United States are likely to occur (4) Python sebae (Northern African again, and the species are likely to Effects on Energy python). (5) Python natalensis (Southern become established in additional U.S. On May 18, 2001, the President issued natural areas such as national wildlife African python). Executive Order 13211 on regulations refuges and parks, threatening native (6) Boa constrictor (boa constrictor). that significantly affect energy supply, fish and wildlife populations and (7) Eunectes notaeus (yellow distribution, and use. Executive Order ecosystem form, function, and structure. anaconda). 13211 requires agencies to prepare (8) Eunectes deschauenseei Clarity of Rule Statements of Energy Effects when (DeSchauensee’s anaconda). We are required by Executive Orders undertaking certain actions. This rule is (9) Eunectes murinus (green 12866 and 12988 and by the not expected to affect energy supplies, anaconda). Presidential Memorandum of June 1, distribution, and use. Therefore, this (10) Eunectes beniensis (Beni 1998, to write all rules in plain action is a not a significant energy anaconda). language. This means that each rule we action and no Statement of Energy * * * * * Effects is required. publish must: Dated: February 5, 2010. (a) Be logically organized; References Cited (b) Use the active voice to address Thomas L. Strickland, readers directly; Assistant Secretary for Fish and Wildlife and A complete list of all references used Parks. (c) Use clear language rather than in this rulemaking is available upon [FR Doc. 2010–4956 Filed 3–11–10; 8:45 am] jargon; request from the South Florida (d) Be divided into short sections and Ecological Services Office, Vero Beach, BILLING CODE 4310–55–S sentences; and FL (see the FOR FURTHER INFORMATION (e) Use lists and tables wherever CONTACT section). possible. DEPARTMENT OF COMMERCE If you feel that we have not met these Authors requirements, send us comments by one National Oceanic and Atmospheric of the methods listed in the ADDRESSES The primary authors of this proposed Administration section. To better help us revise the rule are the staff members of the South rule, your comments should be as Florida Ecological Services Office (see 50 CFR Part 660 specific as possible. For example, you FOR FURTHER INFORMATION CONTACT [Docket No. 100122041–0118–01] should tell us the numbers of the section). sections or paragraphs that are unclearly RIN 0648–AY59 List of Subjects in 50 CFR Part 16 written, which sections or sentences are Magnuson-Stevens Act Provisions; too long, and the sections where you Fish, Imports, Reporting and Fisheries off West Coast States; feel lists or tables would be useful. recordkeeping requirements, Pacific Coast Groundfish Fishery; 2010 Government-to-Government Transportation, Wildlife. Tribal Fishery for Pacific Whiting Relationship with Tribes Proposed Regulation Promulgation AGENCY: National Marine Fisheries In accordance with the President’s Service (NMFS), National Oceanic and memorandum of April 29, 1994, For the reasons discussed in the Atmospheric Administration (NOAA), Government-to-Government Relations preamble, the U.S. Fish and Wildlife Commerce. with Native American Tribal Service proposes to amend part 16, ACTION: Proposed rule; request for Governments of the Interior’s manual at subchapter B of chapter I, title 50 of the comments. 512 DM 2, we readily acknowledge our Code of Federal Regulations, as follows: responsibility to communicate SUMMARY: This proposed rule is issued meaningfully with recognized Federal PART 16—[AMENDED] consistent with a regulatory framework tribes on a government-to-government that was established in 1996 to basis. In accordance with Secretarial 1. The authority citation for part 16 implement the Washington coastal Order 3206 of June 5, 1997 (American continues to read as follows: treaty Indian tribes’ rights to harvest Indian Tribal Rights, Federal-Tribal Authority: 18 U.S.C. 42. Pacific Coast groundfish. Washington Trust Responsibilities, and the coastal treaty Indian tribes mean the Endangered Species Act), we readily 2. Amend § 16.15 by revising Hoh, Makah, and Quileute Indian Tribes acknowledge our responsibilities to paragraph (a) to read as follows: and the Quinault Indian Nation. The

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