Constrictor Snakes as Injurious Wildlife

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Constrictor Snakes as Injurious Wildlife
U.S. Fish & Wildlife Service

                                                                       Constrictor Snakes as
                                                                       Injurious Wildlife
                                                                       What It Means for Snake Owners

                         On March 23, 2012, four species of            or have the potential to be harmful to        for imports, interstate movement,
                         constrictors (Burmese python, Northern        either the health and welfare of humans,      or acquisition under the Lacey Act.
                         and Southern African pythons, and             the interests of forestry, agriculture, or    The Lacey Act will not authorize the
                         yellow anacondas) were listed as injurious    horticulture, or the welfare and survival     movement of injurious personal pets.
                         wildlife under the Lacey Act. On April 9,     of wildlife or wildlife resources.
                         2015, four additional species were listed                                                   If you wish to conduct one of the activities
                         (reticulated python, DeSchauensee’s           Releasing large snakes into areas where       listed above under the Lacey Act, you
                         anaconda, green anaconda, and Beni            they are not native causes an imbalance       must submit an application to the Service
                         anaconda). This factsheet was developed       in the food chain and other serious           requesting authorization (Form 3-200-
                         to answer the public’s questions about        ecological problems. Species native to the    42). The application will ask questions
                         the listing and ensure an understanding       United States have not evolved behaviors      about the activity you wish to carry out
                         of what the listing means in terms of         or other defenses to protect themselves       and give you an opportunity to explain
                         transporting and housing these species.       against these large predators, because        how this activity would meet the permit
                         It also includes a section for snake          there is no native predator similar to        issuance criteria under the Lacey Act and
                         owners that answers questions they may        these snakes in the United States. All of     its implementing regulations. If a permit
                         have around these new regulations.            these eight species of constrictors can       or other authorization is granted by the
                                                                       attain lengths greater than any of our        Service, you will be able to carry out your
                         What does it mean if a species is listed as   native snakes. Many of our threatened         proposed activity.
                         injurious wildlife?                           and endangered species would be further
                         Under the Lacey Act, a species of             imperiled and risk extinction if these        Please note that there may be other
                         wildlife can be listed as injurious when      species of snakes become established.         Federal, State, or foreign permitting
                         it has been demonstrated to be harmful                                                      requirements; the Service will assist you
                                                                       Regulations & Permits                         in meeting these needs at the time that
                                                                                                                     you apply for authorization under the
                                                                       To control the introduction and spread        Lacey Act. The permit or authorization
                                                                       of an injurious species, the listing of       may include one or more “permit
                                                                       the species as “injurious” under the
Arno Meintjes CC BY-NC 2.0

                                                                                                                     conditions” that would apply to how you
                                                                       Lacey Act means that its importation          conduct the proposed activity to ensure
                                                                       and interstate transport are prohibited       the safety of the animal and to reduce the
                                                                       without a permit issued by the Service.       risk that the specimen would cause an
                                                                       This prohibition includes importation or      adverse impact on the environment.
                                                                       interstate movement of live animals, their
                                                                       gametes, hybrids, and viable eggs. The        One requirement for all injurious wildlife
                                                                       Lacey Act does not restrict intrastate        permits or authorization is that the
                                                                       (moving within your State) transport.         specimen would be maintained in double
                                                                       However, injurious species may not            escape-proof containment at ALL times.
                                                                       be transported into or through U.S.           This requirement (explained further
                                                                       territories or States.                        below) means that the snake covered
                                                                                                                     by the Lacey Act authorization must
                                                                       Importing a listed species, moving            be maintained in double escape-proof
                                                                       it across State lines, or acquiring a         containment throughout any interstate
                                                                       specimen when interstate movement             movement or importation, as well as
                                                                       or importation is involved requires           while the snake is permanently or
                                                                       authorization, in the form of a permit or     temporarily housed at your home or
                                                                       letter of authorization, from the Service     facility.
                                                                       BEFORE the activity occurs. The
                                                                       Lacey Act is very specific on the types of    This requirement also extends to any
                                                                       activities that can be authorized, however.   offspring of that specimen. In practical
                                                                       Only legitimate medical, scientific,          terms, this means that once a snake
                         Burmese Python
                                                                       zoological, or educational activities can     is covered by a permit, it must be
                                                                       be the basis for issuing authorization
Constrictor Snakes as Injurious Wildlife
maintained in double escape-proof            It is recommended that you also                                                   Questions for Snake Owners
                                 containment for the rest of its life.        consider any regulations of the State
                                                                              you are exporting from as well as any                                             What are the “next steps” for snake
                                 This requirement also applies to             requirements of the air carrier or of                                             owners? What do I need to do to be
                                 specimens previously covered under a         the country to which the snake is being                                           compliant?
                                 permit. If you have previously obtained a    exported.                                                                         The listing does not affect ownership
                                 permit to take one of these species across                                                                                     of the eight species, provided that the
                                 state lines, the snake must now be held in   Double Escape-proof Containment                                                   animals were obtained prior to the
                                 double escape proof containment.             This requirement is to ensure that                                                effective date of the rule or obtained
                                 Permits may be requested by filing           specimens the Service has permitted as                                            within the State you live in after the
                                 form 3-200-42 with the U.S. Fish and         part of an otherwise prohibited activity                                          effective date of the rule. If you own a
                                 Wildlife Service, Division of Management     do not cause the specific environmental                                           snake as a pet, there is no need to do
                                 Authority, 5275 Leesburg Pike, MS-IA,        damage that the listing under the Lacey                                           anything as long as the snakes remain
                                 Falls Church, VA 22041-3803. The             Act was designed to prevent. Since the                                            within the State where you currently
                                 application form may be obtained             main reason for listing these eight species                                       reside. There are no special steps needed
                                 through the Service’s International          under the Lacey Act was to prevent the                                            to be taken to be compliant with the rule.
                                 Affairs website (http://www.fws.gov/         colonization or further spread of these                                           Under this rule, there is no requirement
                                 forms/3-200-42.pdf or http://www.fws.gov/    species in areas of the United States                                             for PIT tags or for surrendering animals.
                                 permits), or by calling 1-800-358-2104.      where the specimens have been shown
                                                                              to be a risk to native wildlife or habitats,                                      If you anticipate needing to transport
                                 Importing Snakes                             the housing requirement is necessary                                              your snake across a State line for
                                 As stated above, the Lacey Act only          to prevent unintentional release of                                               zoological, educational, medical (does
                                 allows imports to occur if the purpose       permitted specimens.                                                              not include veterinary), or scientific
                                 of the import is medical, scientific,                                                                                          purposes, you should apply for a permit
                                 zoological, or educational. The current      A double escape-proof containment                                                 from the Service, and any States you
                                 application form (3-200-42) would need       typically involves maintaining the snake                                          will transit, as soon as possible to allow
                                 to be completed and submitted to the         in a cage within a larger container or                                            up to 60 days for processing (see the
                                 Service for processing.                      locked room. Maintaining your snake                                               permitting section above for more
                                                                              within a glass-enclosed aquarium or                                               information).
                                                                              display cage within a building would most
                                                                              likely meet this requirement. Likewise,
                                                                              when you are moving the snake from
                                                                              one location to another, such as going
                                                                              from the reptile house of a zoo to the         Michael Ransburg CC BY-NC-ND 2.0
                                                                              veterinary clinic at the zoo, the snake
Bernard Dupont CC BY-NC-SA 2.0

                                                                              must be held in a travel container within
                                                                              a larger container. This is to ensure that,
                                                                              however unlikely, if the snake were to get
                                                                              out of one enclosure the second enclosure
                                                                              would restrict escape.

                                                                              Public Display
                                                                              The Lacey Act does not regulate public
                                                                                                                                                                                        Yellow Anaconda
                                                 Southern African Python      display that is not associated with
                                                                              an import, interstate movement, or                                                Do these new regulations affect the
                                 Exporting Snakes                             acquisition (buying or obtaining a listed                                         breeding of these species?
                                 The Lacey Act does not regulate              specimen in association with import                                               The Lacey Act does not regulate the
                                 exportation of listed species. This means    or interstate movement). Therefore,                                               breeding of listed species. There are no
                                 that you can export a listed snake without   providing the specimen is not taken                                               prohibitions for you to breed your snake,
                                 acquiring authorization under the Lacey      across State lines or imported in order                                           provided you do not subsequently move
                                 Act. These species are, however, listed      to conduct the public display, no permit                                          the snakes across State lines. If you
                                 in Appendix II of the Convention on          or authorization is required under the                                            are commercially breeding one of these
                                 International Trade of Endangered            Lacey Act. Educational programs can be                                            species, or breeding as a hobby, you can
                                 Species of Wild Fauna and Flora              conducted with these snakes provided                                              continue these activities within your
                                 (CITES) and would require a CITES            that any requirements that may have                                               State.
                                 export permit from the Service.              been placed on the specimens through a
                                                                              previous permitting process are met (see                                          What do I need to do if I’m transporting my
                                 While the Lacey Act does not address         more on education programs below).                                                snake within the State?
                                 export, it does regulate interstate                                                                                            Again, the Lacey Act does not regulate
                                 movement. Therefore, while you can                                                                                             intrastate movement of listed species.
                                 export specimens of these eight species,                                                                                       As long as you are not leaving the State
                                 you cannot cross State lines while                                                                                             (crossing State lines), no permit or other
                                 transporting specimens to an airport, and                                                                                      authorization is required to move your
                                 the plane cannot land in another State                                                                                         snake.
                                 while in transit to its final destination.
Constrictor Snakes as Injurious Wildlife
Where can I find more information on
                                                                                                       moving across State lines and surrendering
                                                                                                       my pet snake?
                                                                                                       An owner of one of the listed species of
                                                                                                       snake should contact local authorities
                                                                                                       responsible for the disposition of
                                                                                                       unwanted pets. Additional information
                                                                                                       about the safe and ethical surrender of
                                                                                                       unwanted exotic pets may be available
                                                                                                       through the State’s natural resources or
                                                                                                       fish and game agency in which the pet
                                                                                                       resides. The local office of the U.S. Fish
                                                                                                       and Wildlife Service can also provide
                                                                                                       additional information; the Service
                                                                                                       website, http://www.fws.gov, can help
                                                                                                       snake owners find their local Service
                                                                                                       office. In addition, pet owners may
                                                                                                       also ask their local pet retailer or wild
                                                                                                       animal zoo for suggestions on ethical
                                                                                                       alternatives.
USFWS

                                                                                                       Here are some additional websites that
                                                                                                       might be of assistance:
            Former Secretary of Interior, Ken Salazar, and USFWS Director, Dan Ashe, with              •   Pet Industry Joint Advisory
                                                                         Burmese Python                    Council’s Pet Pathway Toolkit: http://
        Can I buy these snakes at Reptile Expos?       prohibited. The snake will have to be               www.petpathwaytoolkit.com/
        The Lacey Act does not regulate                treated by an in-State professional.            •   Habitattitude: http://www.
        intrastate commerce or obtaining a listed                                                          habitattitude.net/
        specimen within the State where you            I run a reptile rescue center and people
        live. As long as the snake was within your     send me sick or unwanted reptiles. Will I be    •   Florida Fish and Wildlife
        State before the listing becomes effective     able to receive the listed species from other       Conservation Commission’s
        or the snake is born within the State          states?                                             Nonnative Amnesty Day Events
        after the listing, no permit is required to    No, sick or unwanted pets of the eight              http://myfwc.com/wildlifehabitats/
        purchase or possess one of these snakes.       species will need to go a rescue center             nonnatives/amnesty-day-events/
                                                       within their State.
        The Service does not regulate activities
        within a State, only activities that result    I am part of an education program with
        in live, listed species crossing State lines   Burmese pythons (or the other listed
        or being imported into the country. If         species) for schools and other groups,
        the buyer or the seller transports a live      sometimes in another state. Will I still be
        snake across State lines, a violation of the   able to travel to other States?
        injurious wildlife provisions of the Lacey     To move a snake across State lines, even
        Act would have occurred unless the             for temporary educational purposes,
        Service has issued a permit authorizing        you must have authorization from the
        the transport.                                 Service under the Lacey Act. The snakes
                                                       must be maintained in double escape-
        Can I order these snakes on the Internet?      proof containment and cannot be taken
        Again, the Lacey Act does not regulate         out of this containment in areas where
        intrastate commerce. As long as the            escape, however unlikely, could occur
        snake was within your State before the         (see the section on double escape-proof
        listing becomes effective or the snake is      containment above).
        born within the State after the listing, no
        permit or other authorization is required      This requirement, however, would                U.S. Fish & Wildlife Service
        to purchase or possess one of these            limit your ability to use the snake in          International Affairs
        snakes. The sale or purchase of a live         educational programs where the snake            5275 Leesburg Pike
        snake through the Internet would not           is removed from its enclosure to be             Falls Church, VA 22041-3803
        be permitted if the snake crosses a State      handled. To be handled by the public,           703/358-2104 or 800/358-2104
        line (including coming from or going to        the educational program would have to           e-mail: managementauthority@fws.gov
        the District of Columbia, Puerto Rico,         be in an interior room of a building with       http://www.fws.gov/international
        and the U.S. territories) or is imported.      at least two closed doors or egresses
                                                       between the snake and the outdoors.             March 2015
        My veterinarian is in another state. May I     Educational programs cannot be held                            @USFWSInternatl
        take my listed snake to the veterinarian?      outside, nor can the snake be hand-
        No, transporting out of State to take          carried outside at a facility.                         Like us on Facebook
        the animal to a veterinarian will be                                                                  USFWS_International Affairs
Constrictor Snakes as Injurious Wildlife
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