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  1. #1
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    FWS Files Final Rule/ Constrictor Ban

    US Fish & Wildlife Service (FWS) has filed a final rule with the White House Office of Management & Budget (OMB). This filing has no material changes from the proposed rule that would add 9 constricting snakes to the Injurious Wildlife list of the Lacey Act. This would make import or interstate transport of the 9 constrictors a felony with heavy fines and potential jail time. This is the final stage of the rule making process. OMB's role is to review the proposed rule to ensure that the costs to businesses do not outweigh the purported benefits. In spite of USARK's information to the contrary, and the Small Business Administration's findings that FWS did not do its due diligence in determining economic impact, we remain unsure of OMB's position. As many as a million American citizens could be negatively impacted if this rule is enacted. It would create a whole new class of criminal out of law abiding citizens engaged in what is now a perfectly legal trade.

    There is also likely to be an oversight hearing at the US House Natural Resources Committee because of the potential to destroy a viable $1.4 billion cottage industry; and the flagrant disregard by FWS for mandated process and procedure under the Administrative Procedures Act and Information Quality Act. USARK has uncovered evidence that appears to point to an intentional effort to manufacture science to support a policy directive based on staff preference at FWS. This preference by FWS could mean the loss of thousands of jobs and the destruction of viable sector of our nations economy in a time of hardship.

    Members of the Reptile Nation should prepare themselves for the “Big Fight”. This process should take about 45 days to unfold. USARK calls upon the OMB, the US House of Representatives and the US Senate to look closely at how FWS has circumvented due process to create policy based on staff preference. USARK believes that these actions by a government agency, upon close examination, will be found to be arbitrary, capricious and unlawful.

    USARK needs the Reptile Nation to pull together as never before. This is our chance to overcome unfair regulation. Please stay tuned to USARK alerts and forward this communique to you circle of influence.

    Please click the Donate button at the top of the page and help protect your ability to trade reptiles.
    Specialty Serpents
    www.specialtyserpents.com

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  3. #2
    BPnet Veteran knox's Avatar
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    Okay, I understand that one ban could lead to another, Pandora's box, and all of that.

    Correct me if I am wrong, but aside from the Boa Constrictor, all the other snakes are HUGE snakes like Rock Pythons, Anacondas, Burmese, Reticulated...

    I have yet to see someone on any forum post a pic of their bedroom size enclosure for such a massive snake.

    Call me in the minority, but I don't see a problem with banning these snakes. Why have so many wound up in the Everglades? They are simple to purchase, but very tough to house.

    I am open to correction and discussion

  4. #3
    in evinco persecutus dr del's Avatar
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    Re: FWS Files Final Rule/ Constrictor Ban

    Hi,

    Quote Originally Posted by knox View Post
    Why have so many wound up in the Everglades?
    A hurricane flattened the facilities of a lot of importers and let their stock free.

    To the best of my, admitedly extremely limited, knowledge the only proven case of someone releasing a burmese in that region was a wally who wanted to ( and did ) get filmed capturing it again to make himself.. well I dunno what he thought that would make him really.


    dr del
    Derek

    7 adult Royals (2.5), 1.0 COS Pastel, 1.0 Enchi, 1.1 Lesser platty Royal python, 1.1 Black pastel Royal python, 0.1 Blue eyed leucistic ( Super lesser), 0.1 Piebald Royal python, 1.0 Sinaloan milk snake 1.0 crested gecko and 1 bad case of ETS. no wife, no surprise.

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  6. #4
    BPnet Lifer Simple Man's Avatar
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    Re: FWS Files Final Rule/ Constrictor Ban

    Quote Originally Posted by knox View Post
    Okay, I understand that one ban could lead to another, Pandora's box, and all of that.

    Correct me if I am wrong, but aside from the Boa Constrictor, all the other snakes are HUGE snakes like Rock Pythons, Anacondas, Burmese, Reticulated...

    I have yet to see someone on any forum post a pic of their bedroom size enclosure for such a massive snake.

    Call me in the minority, but I don't see a problem with banning these snakes. Why have so many wound up in the Everglades? They are simple to purchase, but very tough to house.

    I am open to correction and discussion
    It has been shown in breed bans and similiar dangerous dog legislature that bans are ineffective. The issue lies in the owner, not the animal. It has also been the case that one ban will lead to another. It is setting up a precedence to ban exotic animals. Any person with some common sense and a love of something other than goldfish, hamsters, cats, and dogs should be worried.

    You own snakes but you don't care if other people's rights to own animals are impeded? That's hypocritical and narrow minded. It is this kind of irrational group think that is ruining our freedoms in this country. As long as it doesn't affect you then it doesn't matter?

    Irresponsible people are going to go on doing irresponsible things. The real people punished are the responsible owners that follow laws and regulations. Why punish someone that is responsibly keeping these animals? Just because you don't like big snakes doesn't mean you should turn a blind eye to a fellow reptile enthusiast.

    The point is that I'm emphasizing is that you should punish the people that are the problem. You should not punish the people responsibly owning these animals. That is counterproductive to the results desired. In this country I believe you are innocent until proven guilty but who knows, that might change next?

    Regards,

    B

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  8. #5
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    Re: FWS Files Final Rule/ Constrictor Ban

    Quote Originally Posted by knox View Post
    Okay, I understand that one ban could lead to another, Pandora's box, and all of that.

    Correct me if I am wrong, but aside from the Boa Constrictor, all the other snakes are HUGE snakes like Rock Pythons, Anacondas, Burmese, Reticulated...

    I have yet to see someone on any forum post a pic of their bedroom size enclosure for such a massive snake.

    Call me in the minority, but I don't see a problem with banning these snakes. Why have so many wound up in the Everglades? They are simple to purchase, but very tough to house.

    I am open to correction and discussion
    1. You are on a ball python forum. So, "bedroom size" enclosures are going to be slim.

    2. Just because you don't agree with owning a large snake, does not mean that we stop everyone from doing it. There are a lot of people who do it successfully, and love their big snakes just like pets.

    3. Most pet stores suck. They are terrible at teaching future big snake owners about husbandry. But, breeders are great at it. And, most will welcome back any snake that outgrows it's owner. If you shut down interstate commerce, you are taking a lot of income away from great people. What are they supposed to do?

    This gets passed, it opens a big doorway. There are strength in our numbers. I will not own many of these large constrictors, but that does not mean i will fight for the right of others to do so.
    "Be not afraid of greatness: some are born great, some achieve greatness, and some have greatness thrust upon them." ~William Shakespeare

    1.1 Normals - Apollo & Medusa
    1.0 Pastel - Zeke
    0.1 Pastel het OG - Dixie
    0.1 Pastel het Axanthic
    0.1 Spider het Axanthic
    1.1 Mojave - Clyde & Bonnie
    1.0 Black Pastel - Conan
    0.1 Spider - Dizzy

  9. #6
    BPnet Veteran Jay_Bunny's Avatar
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    Re: FWS Files Final Rule/ Constrictor Ban

    Quote Originally Posted by knox View Post
    Okay, I understand that one ban could lead to another, Pandora's box, and all of that.

    Correct me if I am wrong, but aside from the Boa Constrictor, all the other snakes are HUGE snakes like Rock Pythons, Anacondas, Burmese, Reticulated...

    I have yet to see someone on any forum post a pic of their bedroom size enclosure for such a massive snake.

    Call me in the minority, but I don't see a problem with banning these snakes. Why have so many wound up in the Everglades? They are simple to purchase, but very tough to house.

    I am open to correction and discussion
    While yes, those snakes are quite large there are a ton of people across the nation who keep these snakes responsibly and are knowledgeable enough to care for these animals correctly. To say these animals should be banned just because a bunch of people are claiming they are going to take over the USA is really dumb.

    The reason so many snakes are loose in the Everglades is due to the hurricane (as mentioned already). There are thousands, maybe even hundreds of thousands of responsible owners that can care for these animals. Should they lose their beloved pet just because a few idiots let their snakes loose (and this is not the reason we find so many down there anyway)?

    And these snakes do not need a ROOM. Many keepers provide appropriate enclosures and keep the snakes secure. You need to do a little more learning before jumping to such conclusions. I'll never keep a large constrictor, but that doesn't mean I shouldn't be able to if I wanted to.
    Under Construction.....

  10. #7
    Old enough to remember. Freakie_frog's Avatar
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    Re: FWS Files Final Rule/ Constrictor Ban

    Quote Originally Posted by knox View Post
    Okay, I understand that one ban could lead to another, Pandora's box, and all of that.

    Correct me if I am wrong, but aside from the Boa Constrictor, all the other snakes are HUGE snakes like Rock Pythons, Anacondas, Burmese, Reticulated...

    I have yet to see someone on any forum post a pic of their bedroom size enclosure for such a massive snake.

    Call me in the minority, but I don't see a problem with banning these snakes. Why have so many wound up in the Everglades? They are simple to purchase, but very tough to house.

    I am open to correction and discussion
    The problem is that people that currently own them couldn't take them with if the had to move it would be a felony to take your pet to your new home, this also makes no provisions for seeking medical care for your pet. If you live on the state line and have to drive 5 minutes in to neighboring states you are a felon at that point.

    An out right ban had never been or will it be an exceptionable solution. Also this ban never states that it's actions are going to directly impact the current situation that is cites as it prosed issue..Ex. How does keeping someone from taking there Burm from Colorado to Wyoming help get rid of the Invasive ones in the Glades..

    It is just bad politics and badly written all the way around..
    When you've got 10,000 people trying to do the same thing, why would you want to be number 10,001? ~ Mark Cuban
    "for the discerning collector"



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  12. #8
    BPnet Veteran knox's Avatar
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    I would love to see all the undocumented cases of snakes being released by individual owners.

    I am not doubting the hurricane's role in this. But no one can rule out released pets, either.

    But let's just throw out Florida all together. Forget the wild pythons - they don't exist. Now, let's move on to PROPER care of a 15 foot snake. I would love to see more than a couple of individual's Burmese or Rock Python enclosures. Or Green Anaconda enclosures, complete with 12 foot pond.

    I don't want to fight about anything, just throwing out the other side. Not trying to be a jerk.

  13. #9
    BPnet Veteran knox's Avatar
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    Re: FWS Files Final Rule/ Constrictor Ban

    Quote Originally Posted by Freakie_frog View Post
    The problem is that people that currently own them couldn't take them with if the had to move it would be a felony to take your pet to your new home, this also makes no provisions for seeking medical care for your pet. If you live on the state line and have to drive 5 minutes in to neighboring states you are a felon at that point.

    An out right ban had never been or will it be an exceptionable solution. Also this ban never states that it's actions are going to directly impact the current situation that is cites as it prosed issue..Ex. How does keeping someone from taking there Burm from Colorado to Wyoming help get rid of the Invasive ones in the Glades..

    It is just bad politics and badly written all the way around..
    Is there not a grandfather clause?

  14. #10
    Old enough to remember. Freakie_frog's Avatar
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    Re: FWS Files Final Rule/ Constrictor Ban

    Quote Originally Posted by knox View Post
    Is there not a grandfather clause?
    Nope..there is just the start of the issues with it..
    When you've got 10,000 people trying to do the same thing, why would you want to be number 10,001? ~ Mark Cuban
    "for the discerning collector"



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