USARK: WV, NY, and WA; CatEX ALERT

[Bluebonnet Herp]

http://usark.org/uncategorized/3455/

West Virginia SB 371

This bill was introduced January 16, 2014 and referred to the Committee on Natural Resources.

According to the bill:

“It is the intent of the State of West Virginia to protect the public against health and safety risks that wild and exotic animals pose to the community and to protect the welfare of the individual animals held in private possession.”

Animal welfare is a huge concern, but as we have seen in Ohio, bills such as this don’t work, overreach, cost tens of millions of dollars to the state and overload authorities making implementation and proper enforcement impossible. The only people punished are responsible pet owners.

Additionally:

“The purpose of this bill is to prohibit the possession of wild and exotic animals. The bill provides for a permit for those in possession on the effective date for limited exceptions to the prohibition and for removing the animals if they are being kept in violation of this article. The bill expresses legislative intent. The bill establishes agency jurisdiction. The bill defines certain terms. The bill permits expansion of the definitions. The bill limits custody and control of wild and exotic animals. The bill provides a permit for persons who possess a wild and exotic animal prior to effective date. The bill sets forth permit requirements. The bill requires a notarized permit application and fee. The bill splits the fee with Division of Natural Resources and county humane and animal control officer or the sheriff, in the alternative. The bill provides exemptions. The bill requires interagency cooperation. The bill provides rule-making authority.”

While intentions may be good, this is simply creating laws and wasting money while much more pressing matters should be addressed.

You can view the full bill text at http://www.legis.state.wv.us/Bill_St...stype=RS&i=371.
Here is a link for contact information to all committee members: http://www.legis.state.wv.us/committ...e.cfm?Chart=nr.

At this time, it is crucial for West Virginia to contact legislators and address their concerns. Also, any herp societies, 4H clubs, pet businesses, pet owners, etc. should collaborate. USARK is here to assist, advise and provide valuable information at local and state levels, but local herpers, exotic owners and others affected need to make their voices heard. Reply to this email or send an email to info@USARK.org to let us know you are a West Virginia resident who is ready to support your herp community.

Below is a sample letter. It is always best to personalize the letter is some manner. Remember to always be professional and civil when addressing legislators and commenting publicly.

Sample Letter for West Virginia

Committee on Natural Resources Member,

I write today to oppose SB 371. This bill will punish not only responsible reptile keepers by requiring additional costs and hardships to own, possess, breed, harbor, transport or have custody of exotic animals and reptiles, but this bill will cost the state of West Virginia millions or even tens of millions of dollars to implement and enforce. While I understand your concerns over public safety, the exotic and reptile pet communities have evolved greatly and pet owners are much more responsible and educated. A public safety concern is non-existent. The minuscule number of occurrences have all involved occupational risks by pet owners or workers at facilities with these animals. Bills such as this only create problems that did not previously exist. States that have passed similar bills recently are now seeing the mistakes made and problems created to protect the public and environment when they were never really threatened.

On its own, the reptile sector of the pet industry represents annual revenues over $8,000,000 for West Virginia’s small businesses. Reptiles purchased as pets require caging, food and other supplies. Many reptiles are individually valued well over $1,000. An estimated 30,000 residents in West Virginia responsibly own reptiles. This legislation does not protect the citizens of West Virginia but it does punish them. This type of legislation is pushed by anti-pet groups posing as animal welfare organizations. Animal cruelty should certainly be addressed, but banning and over-regulating pet ownership are not effective means to handle this concern. It’s a shame that the great state of West Virginia would allow special interest groups to influence public policy and not protect the freedoms of its citizens.

Responsible pet owners are constantly being punished by overreaching legislation. The reptile segment of the pet industry accounts for nearly $1.5 billion dollars in the U.S. annually and that revenue is being threatened by continual legislation. With so many critical dilemmas in our country including poverty, failing education system, hunger, shortage of jobs and pollution, why are states focusing so many resources to “fix” problems that don’t even exist? State governments should be fixing real issues and not removing more freedoms from their hardworking and taxpaying citizens. Pet ownership is a matter of personal responsibility and not government action. I implore you to vote “No” on SB 371.

Sincerely,

Your name, address, contact info, etc.

New York A 2869

A2869 has again been referred to the Agriculture Committee (Assembly). The bill was introduced in 2013 and is back in 2014. A2869 will make “Any person owning, possessing or harboring a wild animal or reptile capable of inflicting bodily harm upon a human being” guilty of a class E felony. This bill is upgrading the penalty from a misdemeanor to a felony. View the bill text at http://assembly.state.ny.us/leg/?sh=...2869&term=2013.
You can view a list of ”wild animals” on page 3 at http://nytts.org/nytts/NYS_and_Feder...Amphibians.pdf.

Included reptiles (These have been prohibited since 2005. The bill is not adding these species.):

All reptiles that are venomous by nature, pursuant to department regulation, and the following species and orders: Burmese Python (Python m. bivittatus), Reticulated Python
(Python reticulatus), African Rock Python (Python sabae), Green Anaconda (Eunectes maurinus), Yellow Anaconda (Eunectes notaeus), Australian Amethystine Python (Morelia
amethistina and Morelia kinghorni), Indian Python (Python molurus), Asiatic (water) Monitor (Varanus salvator), Nile Monitor (Varanus nilocitus), White Throat Monitor (Varanus
albigularis), Black Throat Monitor (Varanus albigularis ionides) and Crocodile Monitor (Varanus salvadori), Komodo Dragon (Varanus komodensis) and any hybrid thereof,

And Crocodylia.

These “wild animals” have been prohibited in New York since 2005. You can contact the Committee members at http://assembly.state.ny.us/comm/?sec=mem&id=2.

Washington State Residents

Below is a message from Predators of the Heart Sanctuary:

A group in Anacortes, Washington will soon face the same legislation as Ohio. Currently there is a law in the works that will ban all exotics with no grandfathering. This means that without your help dozens, if not more, animals will be without homes. Without homes means that they will inevitably be put down.
What we’re asking is just ten minutes of your time, to either call or send an email to the county commissioners and let them know the impact their decision will have. The hearing will be held on February 4th, in Mount Vernon, Washington at 9:30 am. The address is 1800 Continental Place, Mount Vernon, 98273. If you cannot attend, PLEASE send an email to commissioners@co.skagit.wa.us, or give them a call at (360) 336-9300. Your voice can make the difference, and put an end to this and guarantee a safe future for the animals at Predators of The Heart, a local sanctuary/rescue/educational group (www.predatorsoftheheart.com).
National Update
Anti-pet groups were again working Capitol Hill last week to find supporters for their agenda. This is an ongoing battle and USARK’s team at Kelley Drye, based in Washington, D.C., is on top of the situation each time it arises. Our team is continually in contact with our allies on the Hill. USARK will supply updates for any pertinent information that arises but at this time, it is more of the same from the anti-pet organizations.

http://usark.org/action-alert/usfws-...l-exclusion-2/
Keep in mind that CatEx effects all animals and those involved with them!

USFWS Categorical Exclusion

In response to the USFWS proposal to allow a “Categorical Exclusion” from NEPA requirements: This rule would allow USFWS to add species as injurious (making importation, interstate commerce and interstate transportation illegal) without full due process afforded under the law. This affects reptiles, amphibians, fish, birds, small mammals and a huge portion of the pet industry. Any species listed would disappear from the pet community. Spread the information and protect your rights. Remember to be civil and professional in any correspondence. View the reopening announcement in the Federal Register at http://usark.org/wp-content/uploads/...-0118-0005.pdf.

How You Can Help (Deadline extended to February 21, 2014)

It is most effective to do all 3 steps below

1. Copy and paste the subject line and sample letter below (or edit) and complete the form at http://www.regulations.gov/#!submitC...2013-0118-0005.

2. You can mail a letter to USFWS. Just print the letter at http://usark.org/wp-content/uploads/...ary-Jewell.pdf. Be sure to sign it and print your name and address at the bottom (you may include your email address and phone number if desired). Also, write the date in the upper right. The mailing address is below. Write “NO to CatEx” on the envelope.
Public Comments Processing
Attn: Docket No. FWS–HQ–FAC–2013–0118
Division of Policy and Directives Management
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, MS–2042–PDM
Arlington, VA 22203

3. Below is a link to contact your federal Representative. Simply click the link and enter your zip code. You will see your Representative’s information (you may need to narrow search with your address). You will see a small envelope next to your Representative’s picture that you can click to send an email (or you may visit the Representative’s website provided). Simply copy and paste the subject title and sample letter below and send it. http://www.house.gov/representatives/find/

Sample Letter

Subject: NO to Categorical Exclusion

Sample letter below:

I write today to oppose the Service’s proposed categorical exclusion from the National Environmental Policy Act (NEPA) for proposed listing of species as injurious under the Lacey Act.

As a reptile hobbyist, I am overwhelmingly troubled over the impact that listing certain species of snakes and other species commonly held in the reptile trade in the United States will have on my pets, as well as the livelihoods and small businesses of others in the reptile segment of the pet industry. The United States Association of Reptile Keepers (USARK) and others have conducted extensive research and due diligence. They have provided economic impact data and sound science to USFWS to refute many of the findings and concerns raised in the initial proposals. These concerns included the possible violation of NEPA requirements.

Specifically, USFWS ignored important scientific findings that contradicted its pre-determined outcome. State fish and wildlife agencies, research institutions, conservationists, zoos, public educators and even other federal government scientists raised important conservation concerns. Although such concerns are at the heart of NEPA, these were unlawfully ignored.

I, therefore, object to the Service’s last minute effort to remove the NEPA protections that are afforded to citizens under the law to prevent the implementation of an onerous rule that will impact the freedom of Americans to enjoy reptiles as pets and own reptile-related businesses while failing to address the potential negative environmental impacts of the rule.

I believe that the listing of these snakes, and any other species without due process, is unwarranted and infringes on our rights to engage in an activity that we enjoy and that poses no threat to the environment. The proposed exclusion from NEPA just adds insult to injury in denying American citizens the due process the law affords to challenge the impact of the proposed rule.

As a citizen of America, the land of the free, my freedom to own reptiles as pets has been under attack for several years. These attacks have caused great hardship to myself, my family, my friends who own reptile-related businesses and the economy of the United States. By allowing this rule, the FWS would have overreaching power to severely affect the pet reptile community further. I implore you to not allow this exclusion as it is only one more step toward destroying a $1.4 billion industry and my freedom to enjoy my beloved pet reptiles, along with nearly five million other families.

Sincerely,

________________________________________________________________________________ _______________________

What is a “Categorical Exclusion” Under NEPA?

and

USARK Talking Points on the FWS’ Proposal that will impact Lacey Act Listings

NEPA (the National Environmental Policy Act) requires agencies to assess environmental impacts and identify alternatives to “major Federal actions” that may “significantly affect the quality of the human environment.” The agency is required to publish an environmental impact statement (“EIS”) that describes its findings and justifies the proposed rule (in this case, the injurious listing of certain snakes under Lacey)
There are two exceptions to the EIS requirement: (1) if, after conducting a less thorough environmental assessment (“EA”), the agency makes a “finding of no significant impact” (“FONSI”); or (2) if the action is subject to a so-called “categorical exclusion.”
Categorical exclusions (“CE”) are defined as actions which do not, individually or cumulatively, have a significant impact on the human environment.
If a potential impact raises any uncertainty over a rule’s significance, then an “extraordinary circumstance” exists, and there is no exclusion allowed.
For the proposed listing of the nine species of constricting snakes, FWS made a finding of no significant impact after conducting what USARK demonstrated was a legally inadequate environmental assessment. USARK also found other NEPA and Administrative Procedure Act violations in the rule.
View more information at http://usark.org/2013-blog/fws-seeks-nepa-exemption/

Remember that it is crucial you help spread the publicity of these invasive bills, (especially CatEx since any animal keepers should be extremely concerned) such as by posting on social media sites and any other forums you are active on! (Arachnoboards, Monster Fish Keepers, Backyard Chickens, etc.)

[KingObeat]

I sent e-mails to all the WV Natural Committee members and my local Representative.

[bcr229]

Emails sent, and included my other senator and representative as well.

WV residents if you need to look up the info for your two senators and representative, the district maps are at http://www.legis.state.wv.us/Districts/maps.cfm#SD15, and you can find the contact rosters for all members of the House and Senate at http://www.legis.state.wv.us/House/roster.cfm and http://www.legis.state.wv.us/Senate1/roster.cfm.