Are my Pythons illegal?
It’s on everyone’s mind in these days of python bans: are my pythons illegal?
There are three bills currently floating around that will impact our reptile trade as we know it should any of them pass into law. All three of these bills are still in committee and there are several steps before they could become law. They are:
-Introduced
-Referred to committee
-Reported by committee
- House (or Senate) Vote
-Senate (or House) Vote
- Signed by the President.
There are three bills currently out there that we as the reptile industry are fighting. They are:
HR669 – The Nonnative Wildlife Invasion Prevention Act – Sponsored by Del. Madeleine Bordallo of Guam.
The purpose of the bill is “To prevent the introduction and establishment of nonnative wildlife species that negatively impact the economy, environment, or other animal species’ or human health, and for other purposes.”
This bill is the scariest of all to the entire pet trade. It is the most restrictive, in effect banning the interstate trade and commerce as well as travel of any animal not on the “white list” — a white list that doesn’t even exist at the time of writing. And each individual species must go through an evaluation process that can take anywhere from 12 to 36 months. The guidelines that are listed create a very wide net and include nearly every animal. This is how non-native wildlife is considered under this bill:
(4) NONNATIVE WILDLIFE SPECIES- The term `nonnative wildlife species’–
(A) except as provided in subparagraph (C), means any species of animal that is not a native species, whether or not raised in captivity;
(B) except as provided in subparagraph (C), includes–
(i) any such species of mammal, bird, fish, reptile, amphibian, insect, mollusk and crustacean, arthropod, coelenterate, or other invertebrate, and
(ii) any egg or offspring thereof; and
(C) does not include any species specifically defined or regulated as a plant pest under the Plant Protection Act (7 U.S.C. 7701 et seq.) or as a threat to livestock or poultry under the Animal Health Protection Act (7 U.S.C. 8301 et seq.).
Earlier this year, Jeff Barringer wrote:
Let’s take a look at some animals that meet that definition….
Cows, horses, chickens, domesticated house cats, goldfish, most pet fish, many pet reptiles, hamsters, gerbils and other rodents, most cage birds, etc. etc. The list of animals is literally endless, as new species are literally described every day. I doubt that they could all be categorized on the internet accurately, much less physically printed in the Federal Register, as would be required. That issue of the register alone would run to thousands of pages and would be obsolete before it even came off the presses.
The status of this bill is “Referred to Committee.”
HR2811- To amend title 18, United States Code, to include constrictor snakes of the species Python genera as an injurious animal. Sponsored by Rep. Kendrick Meek of Florida.
US Code title 18, part I, section 42a currently reads:
The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called flying foxes or fruit bats of the genus Pteropus; of the zebra mussel of the species Dreissena polymorpha; and such other species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, brown tree snakes, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act,[1] insofar as such importation is subject to regulation under that Act.
If passed it will read:
The importation into the United States, any territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States, or any shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States, of the mongoose of the species Herpestes auropunctatus; of the species of so-called flying foxes or fruit bats of the genus Pteropus; of the zebra mussel of the species Dreissena polymorpha; of the constrictor snake of the species Python genera; and such other species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, brown tree snakes, or the offspring or eggs of any of the foregoing which the Secretary of the Interior may prescribe by regulation to be injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States, is hereby prohibited. All such prohibited mammals, birds, fish (including mollusks and crustacea), amphibians, and reptiles, and the eggs or offspring therefrom, shall be promptly exported or destroyed at the expense of the importer or consignee. Nothing in this section shall be construed to repeal or modify any provision of the Public Health Service Act or Federal Food, Drug, and Cosmetic Act. Also, this section shall not authorize any action with respect to the importation of any plant pest as defined in the Federal Plant Pest Act,[1] insofar as such importation is subject to regulation under that Act.
We have been told that this bill will be amended to only include Burmese and African Rock Pythons, however, I am unable to find documentation to support this. This is a House Resolution, which means it has been introduced in the House of Representatives. HR2811 is still in committee. The status of this bill is “Reported by Committee.” According to www.govtrack.us, this means:
This bill was considered in committee which has recommended it be considered by the House as a whole. Although it has been placed on a calendar of business, the order in which legislation is considered and voted on is determined by the majority party leadership. Keep in mind that sometimes the text of one bill is incorporated into another bill, and in those cases the original bill, as it would appear here, would seem to be abandoned.
S373 – To amend title 18, United States Code, to include constrictor snakes of the species Python genera as an injurious animal. Sponsored by Sen. Bill Nelson of Florida.
On the surface, this is the exact same proposal as HR2811. HR2811 is in the House Judiciary committee on Crime, Terrorism and Homeland Security. S373 is in the Senate committee on Environment and Public Works. S373 also does not have amendment to reduce the species to Burmese and African Rock Pythons. This bill effectively is aimed at all species of Pythons. Our most recent call to action was about this bill. The current status of this bill is Referred to Committee.
If it appears we are being attacked on all fronts, that’s probably because we are. Hopefully, however, youre now better armed when reaching out to government officials. Please remember at all times to be polite when making calls or sending letters.
