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F for As Inj Final E R Listin Jurious Nvironm Ng Larg S Wildl Mental Ge Final Environmental Assessment For Listing Large Constrictor Snakes As Injurious Wildlife under the Lacey Act Reticulated Python (Python reticulatus), DeSchauensee’s Anaconda (Eunectes deschauenseei), Green Anaconda (Eunectes murinus), and Beni Anaconda (Eunectes beniensis) Prepared by: U.S. Fish and Wildlife Service South Florida Ecological Services Office 1339 20th Street Vero Beach, Florida 32960 February 2015 Abstract This document contains a Final Environmental Assessment (EA), which examines the potential environmental impacts of the Proposed Action to list as injurious five large constrictor snake species: reticulated python (Python reticulatus), boa constrictor (Boa constrictor), DeSchauensee’s anaconda (Eunectes deschauenseei), green anaconda (Eunectes murinus), and Beni anaconda (Eunectes beniensis). The draft environmental assessment was released to the public for review and comment on March 12, 2010, based on the nine species proposed for listing. All public comments received regarding the draft environmental assessment are presented in the Appendix of this document, along with the U.S. Fish and Wildlife Service’s written response to each comment. The alternatives we considered are based on the proposed rule to list nine species of large constrictor snakes as injurious (75 FR 11808; March 12, 2010), as well as peer review of the proposed rule and information and comments received from the public during the public comment periods. On January 23, 2012, we published a final rule to list four [Burmese python (Python molurus), Northern African python (Python sebae), Southern African python (Python natalensis), and yellow anaconda (Eunectes notaeus)] of the nine proposed species, leaving five still under consideration (77 FR 3330). We are now finalizing the listing as injurious of another subset of the proposed species (four more species). This means that there is a second final rule and thus a second final economic analysis. We have noted in the following alternatives, similar to those used in the 2012 final environmental assessment (Final Environmental Assessment; U.S. Fish and Wildlife Service 2012), that four species were listed in 2012. In this environmental assessment, we considered four alternatives: (1) no action; (2A) list as injurious five large constrictor snake species: reticulated python, boa constrictor, DeSchauensee’s anaconda, green anaconda, and Beni anaconda; (2B) list as injurious four large constrictor snake species: reticulated python, green anaconda, DeSchauensee’s anaconda, and Beni anaconda; (3) list as injurious three large constrictor snake species: reticulated python, green anaconda, and boa constrictor; and (4) list as injurious one large constrictor snake (boa constrictor). Two alternatives considered (instead of adding nine or a subset of the nine large constrictor snakes) but dismissed from further analysis were a Federal permitting system (such as a private hobbyist permit system) and State and territorial (States) legislative initiatives (such as a State permitting program). These alternatives were dismissed from further consideration in the draft EA, the first because it was not feasible and not within the authorities of the injurious wildlife provisions of the Lacey Act or the U.S Fish and Wildlife Service (Service) and the second because it was not considered practical or feasible as presented. However, the second dismissed alternative has been reconsidered since issuance of the draft EA, and due to the unique domestic situation for the boa constrictor and the expressed interest by the Association of Fish and Wildlife Agencies (AFWA) and the Pet Industry Joint Advisory Council (PIJAC) in developing effective State and industry controls, a similar alternative was found appropriate for the boa constrictor. As a result, the Service is withdrawing the proposal to list the boa constrictor as injurious under the Lacey Act, which means that the Service is taking no action for this species. i This listing action is being implemented to protect native wildlife species, including threatened and endangered species, and to prevent harmful unalterable effects to natural ecosystem structure and function. This action seeks to reduce negative impacts of the nonnative large constrictor snakes by listing them as injurious and to prevent their importation and interstate movement which could result in further releases. In addition, consideration is being given to protection of human health and safety as well as preventing economic losses. The Service is selecting the alternative that lists reticulated python, DeSchauensee’s anaconda, green anaconda, and Beni anaconda (live specimens, gametes, viable eggs, or hybrids) as injurious under the Lacey Act (Alternative 2B as described in this document) because the Service is withdrawing the boa constrictor from consideration under the current proposed rule for the reasons explained in the final rule. The Secretary of the Interior is authorized under the Lacey Act (18 U.S.C. § 42, as amended) to prescribe by regulation those wild mammals, wild birds, fish, mollusks, crustaceans, amphibians, reptiles, and the offspring or eggs of any of the aforementioned, that are injurious to human beings, to the interests of agriculture, horticulture, or forestry, or to the wildlife or wildlife resources of the United States. The lists of injurious wildlife are at 50 CFR 16.11-15. With the listing of the four species of the large constrictor snakes as injurious, their importation into the United States, and transportation between, States, District of Columbia, Commonwealth of Puerto Rico, or any territory or possession of the United States (hereafter referred to as States) by any means whatsoever is prohibited, except by permit for zoological, educational, medical, or scientific purposes (in accordance with permit regulations at 50 CFR 16.22), or by Federal agencies without a permit solely for their own use, upon filing a written declaration with the District Director of Customs and the U.S. Fish and Wildlife Service Inspector at the port of entry. The interstate transportation of any of the four species of large constrictor snakes (live specimens), gametes, viable eggs, or hybrids currently held in the United States for any purposes not permitted would be prohibited. An injurious wildlife listing would not prohibit intrastate transport or possession of the large constrictor snakes within States, where possession is not currently prohibited by the State. Any regulation pertaining to the use of large constrictor snakes within States is the responsibility of each State. ii Table of Contents 1) Purpose ............................................................................................................................. 1 2) Need for the Action .......................................................................................................... 1 3) Decisions Needed ............................................................................................................. 2 4) Background ...................................................................................................................... 2 5) Public Involvement ........................................................................................................ 12 6) Alternatives .................................................................................................................... 13 6.1.1) Alternative 1: No Action ............................................................................................... 13 6.1.2A) Alternative 2A: List as injurious five large constrictor snake species (Reticulated Python, Boa Constrictor, DeSchauensee’s Anaconda, Green Anaconda, and Beni Anaconda [Proposed Action] ......................................................................................... 14 6.1.2B) Alternative 2B: List as injurious four large constrictor snake species (Reticulated Python, DeSchauensee’s Anaconda, Green Anaconda, and Beni Anaconda) ............... 14 6.1.3) Alternative 3: List as injurious three large constrictor snake species (Reticulated Python, Boa Constrictor, and Green Anaconda) ............................................................ 14 6.1.4) Alternative 4: List as injurious one large constrictor snake species (Boa Constrictor) .................................................................................................................... 15 6.1) Summary Table of Alternative Actions ......................................................................... 16 6.2) Alternatives Not Considered For Detailed Analysis: ..................................................... 17 7) Affected Environment .................................................................................................... 18 8) Environmental Consequences ........................................................................................ 29 9) List of Preparers ............................................................................................................. 57 10) References ...................................................................................................................... 57 Appendix: Comments and Responses on the Draft Environmental Assessment for Listing Nine Large Constrictor Snakes As Injurious Wildlife under the Lacey Act .............. A-1 iii List of Tables Table 1. Total Live Constrictor Snake Imports: 2004 – 2013. .................................................. 3 Table 2. Available information on State Regulations for pythons,
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