At the request of my herp society's president I have been looking into how the python ban was passed without going before a congressional vote. This is what I have found and please correct me if you see that I am wrong about something.
What was passed was a regulatory rule with Fish and Wildlife Services has the authority to pass as a government agency. This is different from a law and does not require a vote to pass. For a final rule to be issued it must first go through a process. The process is really simple. First they issue a proposed rule and then give an allotted time frame of at least 30 days (but it can be longer) for the general public and interested parties to give their comments. After that, the agency will try to address their comments and depending on how much has been changed issue another draft for review OR post a final rule.
This is how they were able to make it past Congress without a vote. H.R. 511 which includes all 9 originally listed is still before Congress and the House of Representatives and currently being reviewed by a committee. Bills don't always make it out of committee review, but if it did then it would be up for a vote by both the House of Representatives and Congress before being sent to the President to sign.
At this point the only way to overturn this rule is the federal lawsuit USARK is raising funds for. Also if I understand the process correctly, FWS can propose additional rules that do include the other 5 at any time.
Links that support the information above:
The Administrative Procedure Act which gives FWS the power to pass regulations:
http://en.wikipedia.org/wiki/Adminis..._Procedure_Act
The Rule Making Process:
http://en.wikipedia.org/wiki/Rulemak...making_process
Information about Due Process:
http://en.wikipedia.org/wiki/Due_process
The Docket Relating to the Python Ban (this is easier to understand if you organize it by when it was posted)
http://www.regulations.gov/#!docketD...-FHC-2008-0015
"The difference between laws and regulations are sometimes
misunderstood. Congress, and only Congress, enacts laws. Federal
executive departments and administrative agencies write regulations to
implement the authority of laws. Regulations (as well as Executive
Orders and Proclamations) are ancillary or subordinate to laws but
both laws and regulations are enforceable. The U.S. Code is the
official compilation of codified laws by subject, the U.S.
Statutes-at-Large is the official chronologic compilation of all laws,
and the Code of Federal Regulations is the official compilation of
regulations." (http://www.uscgboating.org/regulations/)
And finally more information on the difference between laws and regulations
http://www.epa.gov/lawsregs/basics.html
I just wanted to share with you all information I found. The fact that FWS has the power to propose rules like this is scary.
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