Essay on the Lacey Act

[piedpipper]

Hey All,
I had to write an open letter in my college english class on any topic I wanted. And what better topic than the Lacey Act?
Since I have already written it I figured I'd share it on here for anyone that wants to read it and maybe get something out of it.

What made me most happy though was that classmates that read it and my professor who knew nothing about this topic and couldn't care less about snakes now totally agree with me that the Lacey Act additions should be repealed! And if I can convince people so can all of you. If we raise awareness about this issue more and more people will realize what bogus studies have been used to add large constrictors to the ban and the complete ineffectiveness of the Lacey Act.

I included a couple of real scientific studies to support my argument as well as criticized the study commonly cited as support for the Lacey Act. With that said, I didn't include nearly as much as I wanted to because of the page limit for the assignment. I would have also liked to discuss the fear mongering tactics displayed by the media as well as used by legislators to pass laws like this and disprove the myth of the "killer snake".

Anyway I hope you enjoy it and share with people you think may benefit from it! Let me know what you think.




Dear Florida Senator Bill Nelson,

Invasion of the Giant Snakes! It sounds like something out of a horror movie. Although the situation is not as drastic as it is often made out to be, this is a very real problem that you have been dealing with in Southern Florida for over fifteen years now. The establishment of invasive populations of Burmese pythons in the Everglades has threatened the survival of endangered resident mammals of the national park as well as the balance of that fragile ecosystem. Understandably, you have been doing all you think is necessary to halt the presumed spread of these snakes as well as attempt to eradicate them from where they are currently established. Because of your efforts, not only Burmese Pythons but seven more constrictors that have been deemed ‘injurious wildlife’ were recently added to the Lacey Act. But have these measures been effective at solving this problem? What does the Lacey Act entail and how do these actions work toward solving this issue in Florida?


The introduction of Pythons in the everglades dates back to the late 1990’s. It was most likely a result of irresponsible pet owners who bought baby Burmese Pythons and later released them because they no longer wished to care for a 15 foot, 150-pound snake. Being that the tropical, swampy climate of the Everglades is very similar to their natural habitat in India and Southeast Asia, they had no problem establishing a breeding population within a few years time. When this problem was finally identified and action deemed necessary in 2012, you decided the best course of action would be to push for this invasive species as well as others to be added to the Lacey Act.[1] As I am sure you are aware, what this does is prevent the importation of new animals from outside the U.S. and disallows the captive pet snakes already in America from crossing State lines. However, not only is this solution inherently ineffective at dealing with the problem, but it has actually harmed the captive reptile community and breeders across the U.S. who are not a part of the problem. To top it all off, the banning of interstate commerce of the constrictors was based on inconclusive and misleading scientific evidence.

Your push for the listing of certain species of constrictors on the Lacey Act was largely backed by a study done by the United States Geological Survey. In this study, the authors arrived at the conclusion that Burmese Pythons could thrive in a large part of the U.S. including “most of California, Texas, Oklahoma, Arkansas, Louisiana, Mississippi, Alabama, Florida, Georgia, and South and North Carolina”.[2] They went even further to make the unbelievable claim that “by the year 2100, projected areas of potential suitable climate extend northward beyond the current limit to include parts of the states of Washington, Colorado, Illinois, Indiana, Ohio, West Virginia, Pennsylvania, New Jersey, and New York”.[3] By all means, if this tropical species will somehow be able to survive the frigid winters of New York, then entire ecosystems across America will be at risk. However, if we take a closer look at the methods being used in conducting this study, we will see that it is not quite as desperate a situation as it is made out to be. In calculating the areas considered suitable for Burmese Pythons, the scientists used average monthly temperatures in the python’s home range and compared them to average monthly temperatures in the U.S. Needless to say, anyone who lives in the temperate zone of America can attest to the fact that monthly averages will not be representative of how cold temperatures truly get. In other words, if the researchers calculated an average of 50 degrees in February in a particular state they would have determined it habitable for the pythons since they can withstand such temperatures for short periods of time. However, this is ignoring the fact that while the average may have been 50 degrees, the temperature may have dropped below freezing for one week out of that month, which would have been deadly to this tropical species.

Not only is this study inaccurate, but evidence from other more thoroughly conducted studies have directly contradicted its findings. In a study done in response to the previous one, researchers used “not only measurements of mean temperature and rainfall, but extremes in those variables, as well as seasonal variability”[4] to determine the potential expansion of this invasive species. What they found by using extreme temperatures in addition to monthly means, was that the only favorable climates to the Burmese Python in the U.S. are the southern part of Florida and a small part of Texas. To back up this study with a practical experiment, several wildlife experts brought wild Burmese Pythons from the Everglades into captive holding pens a mere 400 km north of there to Northern Florida.[5] What they found was that in just a few days of freezing weather, seven out of the nine experimental pythons died. All pythons had excess to heated areas but demonstrated a complete inability to cope with the freezing weather and thermo-regulate accordingly.[6] This suggests that there is no need to worry about the pythons spreading beyond Florida, nor is there any need to heavily regulate large constrictors north of Florida, since establishment of invasive populations there is impossible.

But the current problem remains: pythons have already established themselves in Florida. Under the Lacey Act, banning the importation of new animals from Asia does not, however, have the miraculous effect of somehow removing the breeding population of pythons in the Everglades. Making this stipulation even less effective is the fact that very few snakes would be imported even if it were legal; the reptile community simply has no need of aggressive, wild-caught animals when there are so many captive bred tame ones available. The second part of the Lacey Act, which is interpreted as prohibiting interstate travel and commerce of the banned species of constrictors, is also ineffective at dealing with the localized invasion of Southern Florida. As was mentioned earlier, new evidence suggests that these Pythons cannot live in virtually any part of the U.S. other than that which they currently inhabit (Florida Everglades) and possibly the extreme southern tip of Texas.[7] Therefore, making it a felony to cross state lines with a banned constrictor is an unnecessary precaution as they will be unable to survive in that new environment regardless. Although I applaud your effort Senator, putting the Burmese Python on the Lacey Act will not solve this problem.

But what if the Pythons are spreading and the scientific research supporting the contrary was somehow wrong? Wouldn’t having these species on the Lacey Act be a good insurance just in case they could somehow establish populations in other states? Perhaps it would if it were not for the fact that it is a law only in name, practically unenforceable. After all, will you establish python checking stations at the border of every state? Currently, the only way for a Lacy Act-breaker to be caught would involve being coincidentally stopped by law enforcement (likely for a traffic infraction) in the act of crossing the border. The officer would then need to somehow detect the probably hidden illegal constrictor, which if young, could easily fit in a shoebox under a seat or even in the trunk. This is all assuming the officer is even trained in the identification of legal and illegal snake species and has knowledge of the Lacey Act. As you can see, even if the requirements of the Lacey Act could theoretically solve the problem, the added fact that it is unenforceable suggests that resources and effort are better allocated elsewhere.

Since the Lacey Act cannot effectively handle the invasive python situation in Florida, what is it doing exactly? It is neither preventing the establishment of invasive populations elsewhere in the U.S. (since that is impossible due to the climate) nor is it solving the already existent problem in Florida. Being as there is no good reason for the law to be in place, it is unjustly infringing on the rights of reptile keepers throughout the other states; none of which were responsible for the invasive Burmese situation in Florida. Preventing these pet owners and breeders from transporting their animals across state lines creates a number of negative situations. Most obviously, owners cannot take their pets with them if they move to another state. Why should citizens of the United States be prohibited from taking their personal property across state lines when it does no benefit to any of the parties involved? Furthermore, many individuals that make their livelihood on breeding and selling designer morphs of these species (there are more than you may think) have been put out of business. Since they cannot ship their snakes to other states they must sell them exclusively within the state they reside, effectively cutting off the majority of their sales.

But what is the big deal if the multi-million dollar large constrictor business in America is destroyed? Why should anyone care? Aside from obvious economic consequences, it is simply the concept that is appalling. The fact that certain pet owners’ rights are being unjustly infringed upon is relevant to everyone in America, not just reptile keepers. Although not everyone may have direct stakes in this, when the government uses misleading and inconclusive evidence to pass a law that doesn’t solve a situation but harms individuals, all American citizens should oppose it. After all, if we do not stomp out the small weeds of injustice that are rooted in falsehoods, we will soon be dealing with giant vines that are nigh impossible to cut down.

By investing so heavily in a plan to list all potential invasive species on the Lacey Act, you are delegating your time and energy to a plan that will neither be preventing any spread of invasive species to other states nor ridding Florida of the already established invasive pythons. The Lacey Act additions have done immeasurable damage to the reptile community as well as encroached on their rights without justifiable reason. Rather than pursue this fruitless approach to the issue, I would suggest a more effective method. Since the issue is contained exclusively to Florida as we have seen, perhaps focusing resources on the problem within the state would be more productive. You can attempt to methodically eradicate the python populations within the Everglades. Strict regulation and consequences for releasing exotic animals in the first place may also help to prevent any new invasive species from becoming established. The solution is certainly not quick or easy, and I doubt Burmese Pythons will be gone from the Everglades any time soon, but with the proper means it can be done. The invasive Burmese Pythons are a big problem for the Everglades; there’s no denying that. But there are certainly better ways to combat this localized problem than by taking away pet owners’ rights and destroying peoples’ livelihoods across the U.S. In this day and age when it is comparatively easy to make well-informed decisions and relevant studies are at our fingertips, it is only logical that the Lacey Act needs to be re-evaluated as a means of solving your problem.

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[1] n.a., “Salazar Announces Ban on Importation and Interstate Transportation of Four Giant Snakes that Threaten Everglades,” U.S. Fish and Wildlife Service, January 17, 2012, http://www.fws.gov/invasives/news.html.

[2] Rodda, Gordon H.; Jarnevich, Catherine S.; and Reed, Robert N., “What parts of the US mainland are climatically suitable for invasive alien pythons spreading from
Everglades National Park?,” Biological Invasions 11, no. 2 (February 2009): 241.


[3] Ibid.

[4] Pyron, Alexander R.; Burbrink, Frank T.; and Guiher, Timothy J., “Claims of Potential Expansion throughout the U.S. by Invasive Python Species Are Contradicted by Ecological Niche Models,” PLoS ONE 3, no. 8 (August 13, 2008): 2.


[5] Avery, Michael; Engeman, Richard M.; Keacher, Kandy L.; Humphrey, John S.; Bruce, William E.; Mathies, Tom C.; and Mauldin, Richard E., "Cold weather and the potential range of invasive Burmese pythons," USDA National Wildlife Research Center - Staff Publications, (April 6, 2010).

[6] Ibid.

[7] Pyron, Alexander R., “Claims of Potential Expansion throughout the U.S.” 1-7.

[Reinz]

Nice work PP!

I hope it gets the good grade it deserves, while swaying the Senator as well.

[bcr229]

That's awesome!

[piedpipper]

Thanks guys! I'm glad this has sparked some conversation

[Albert Clark]

Where do i sign?? I think that is a fantastic paper. Why didnt you include the hurricaines of Florida as well as the reason for the proliferation of the Burmese python. It was not under the control of reptile keepers or irresponsible reptile keepers only. People had their homes destroyed and had no control over the loss of their pet Bumese pythons over the years due to the massive storms and hurricaines over the years. Zoos and herpetologial institutions, exotic veterinary practices that housed Burmese pythons also lost animals in the severely inclement weather in Florida. It was the chain reaction of a combined parties that added to the release and subsequent invasive action of the Burmese python. To just place the blame on irresponsible owners releasing their animals into the wild was a very small part of the real reason the problem exits. But i applaud your account. Its outstanding and thank you. We need a addendum to go to the senator.

[piedpipper]

Thanks Albert! I knew that the hurricanes were one of the contributing factors but I wasn't aware they were the main factor.
I had intended that portion to simply be a short history of the topic (not really the main point) for people that may not know anything about it but I can see how not including that would be misleading and look worse for keepers than it should (being as the hurricanes did a lot of the damage).
Thanks for letting me know!

[Albert Clark]

Thanks Albert! I knew that the hurricanes were one of the contributing factors but I wasn't aware they were the main factor.
I had intended that portion to simply be a short history of the topic (not really the main point) for people that may not know anything about it but I can see how not including that would be misleading and look worse for keepers than it should (being as the hurricanes did a lot of the damage).
Thanks for letting me know!

Well, i dont know if the weather was actually the main part but it was certainly a big part. Suffice to say you definitely hit the nail on the head with your references. Congrats and thanks.