[Senate Report 111-180]
[From the U.S. Government Publishing Office]
Calendar No. 365
111th Congress Report
SENATE
2d Session 111-180
======================================================================
A BILL TO AMEND TITLE 18, UNITED STATES CODE, TO INCLUDE CONSTRICTOR
SNAKES OF THE SPECIES PYTHON GENERA AS AN INJURIOUS ANIMAL
_______
May 5, 2010.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany S. 373]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 373) to amend section 42 of title 18,
United States Code, to include constrictor snakes of the
species Python molurus (including Python bivittatus (also known
as ``Python molurus bivittatus'')), Broghammerus reticulatus
(also known as ``Python reticulatus''), Python sebae, Python
natalensis (also known as ``Python sebae natalensis''), Boa
constrictor, Eunectes notaeus, Eunectes deschauenseei, Eunectes
murinus, or Eunectes beniensis after ``polymorpha'' as
injurious animals, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
General Statement and Background
This bill, as introduced, would amend the Lacey Act to add
constrictor snakes of the species Python genera to the list of
injurious species, found in 18 U.S.C. Sec. 42(a)(1). This
action would halt the importation and interstate trade of the
listed species.
Thousands of Burmese Pythons are now breeding in the
Florida Everglades, and threaten many imperiled species and
other wildlife. In addition other species of large snakes are
or may be breeding in the Everglades including the Boa
Constrictors and Northern African Pythons. Addressing the
threat of invasive species is a key component of protecting and
restoring the rich biological diversity of the Everglades
ecosystem.
In June 2006, the U.S. Fish and Wildlife Service (USFWS)
received a request from the South Florida Water Management
District to list Burmese Pythons as an injurious species under
the Lacey Act. At the time the petition was submitted, no
scientific information had been compiled on Burmese Pythons
that would enable a rigorous assessment of risk and potential
impacts to the Everglades and other ecosystems. As a result, in
2007, USFWS partnered with the National Park Service to jointly
provide funds to the U.S. Geological Survey (USGS) towards
completion of a risk assessment of nine non-native boa,
anaconda, and python species considered invasive or potentially
invasive in the United States. USGS finalized the risk
assessment report entitled: Giant Constrictors: Biological and
Management Profiles and an Establishment Risk Assessment for
Nine Large Species of Pythons, Anacondas, and the Boa
Constrictor on October 13, 2009. The assessment considered what
effects these species could have on the ecology of the United
States if they became established in the wild.
According to the assessment, of the nine large constrictor
snakes that were evaluated, five were shown to pose a high risk
to the health of the ecosystem, including the Burmese Python,
Northern African Python, Southern African Python, Yellow
Anaconda, and Boa Constrictor. The remaining four large
constrictors--the Reticulated Python, Green Anaconda, Beni or
Bolivian Anaconda, and Deschauensee's Anaconda--were shown to
pose a medium risk. None of the large constrictors that were
assessed was classified as low risk. As compared to many other
vertebrates, giant constrictors pose a relatively high risk as
potential invasive species, especially in terms of risk to
stability of native ecosystems. There are currently no tools
available that appear adequate for eradication of an
established population of giant snakes once they have spread
over a large area.
The introduced version of S. 373 proposed listing species
of the entire Python genus as injurious. During a hearing of
the Committee on Environment and Public Works Subcommittee on
Water and Wildlife on December 3, 2009, USFWS testified that
some of the species in the genus Python are not considered
large constrictors and may not pose a threat. The USFWS
recommended that S. 373 be amended to specifically include the
nine species of large constrictor snakes that USGS evaluated in
its risk assessment. In a letter dated December 7, 2009, to
Senator Bill Nelson, the bill's sponsor, Secretary of the
Interior, Ken Salazar, also recommended that S. 373 be amended
to include only the nine species of giant constrictor snakes
included in the USGS risk assessment. The full committee
considered the bill and adopted an amendment in the nature of a
substitute to list only the nine species of constrictor snakes
addressed in the October 13, 2009, USGS risk assessment as
injurious species.
Objectives of the Legislation
Amends the Lacey Act to include nine species of giant
constrictor snakes to the list of injurious species that are
prohibited from being traded in interstate commerce or imported
into the United States.
Section-by-Section Analysis
Section 1. Importation of shipment of injurious species
Section 1 amends the Lacey Act to add the following non-
native constrictor snakes to the list of injurious species that
are prohibited from being traded in interstate commerce or
imported into the United States: Burmese Python (Python molurus
including Python bivittatus (also known as ``Python molurus
bivittatus'')), Reticulated Python (Broghammerus reticulatus
(also known as ``Python reticulatus'')), Northern African
Python (Python sebae), Southern African Python (Python
natalensis (also known as ``Python sebea natalensis'')), Boa
Constrictor (Boa constrictor), Yellow Anaconda (Eunectes
notaeus), DeSchauensee's Anaconda (Eunectes deschauenseei),
Green Anaconda (Eunectes murinus), and Beni or Bolivian
Anaconda (Eunectes beniensis).
Parenthetical references for species names were included in
the amended text to reference the Convention on International
Trade in Endangered Species (CITES) taxonomy and thereby
minimize confusion for enforcement and prosecution of
violations of the Act. It is the Committee's intent that the
USFWS amend its regulations, as necessary, to reflect any
future taxonomic re-designations of the included species.
Legislative History
On February 3, 2009, Senator Bill Nelson (FL-D) introduced
legislation to amend section 42 of title 18, United States
Code, to list all species of the entire Python genus as
injurious. The bill was received, read twice, and referred to
the Senate Committee on Environment and Public Works. A
companion bill was introduced in the House of Representatives
on June 10, 2009, by Representative Meek (D-FL-17).
The Water and Wildlife Subcommittee of the Environment and
Public Works Committee held a legislative hearing on December
3, 2009, entitled ``Threats to Native Wildlife Species,'' to
consider a number of wildlife bills, including S. 373.
On December 10, 2009, the full Environment and Public Works
Committee met to consider the bill and adopted an amendment in
the nature of a substitute to add the nine species of
constrictor snakes addressed in the October 13, 2009, USGS risk
assessment. S. 373 as amended was reported favorably by voice
vote with Senator Inhofe recorded as voting no.
Hearings
On July 8, 2009, the Senate Committee Environment and
Public Works, Subcommittee on Water and Wildlife and
Subcommittee on Oversight held a joint oversight hearing
entitled ``Threats to Native Wildlife Species.'' This hearing
examined threats to native wildlife species from disease and
from invasive species. Senator Bill Nelson testified at this
hearing on his bill and the dangers Burmese Pythons pose to
Florida's ecosystems and to human safety.
On December 3, 2009, the Water and Wildlife Subcommittee of
the Senate Environment and Public Works Committee held a
legislative hearing on multiple wildlife and invasive species
bills, including S. 373. The Deputy Director of the USFWS as
well as a representative of The Nature Conservancy testified in
support of the legislation provided it was limited to the nine
species of non-native constrictor snakes evaluated by the USGS.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 373 on December 10, 2009. The bill was ordered to
be reported favorably with an amendment in the nature of a
substitute by voice vote with Senator Inhofe recorded as voting
no.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 373
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office (CBO) has found, ``the direct costs of the
mandates would fall below the annual thresholds established in
UMRA [Unfunded Mandates Reform Act] for intergovernmental and
private-sector mandates ($70 million and $141 million in 2010,
respectively, adjusted annually for inflation).''
Congressional Budget Office Cost Estimate
January 21, 2010.
Hon. Barbara Boxer,
Chairman, Committee on the Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 373, a bill to amend
title 18, United States Code, to include constrictor snakes of
the species Python genera as an injurious animal.
If you wish further details on this estimate, I will be
pleased to provide them.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 373--A bill to amend title 18, United States Code, to include
constrictor snakes of the species Python genera as an injurious
animal
CBO estimates that implementing S. 373 would have no
significant cost to the federal government. Enacting the bill
could affect direct spending and revenues, but CBO estimates
that any such effects would not be significant.
S. 373 would make it a federal crime to import or ship
certain snakes into the United States. Because the bill would
establish a new offense, the government would be able to pursue
cases that it otherwise would not be able to prosecute. We
expect that S. 373 would apply to a relatively small number of
offenders, so any increase in costs for law enforcement, court
proceedings, or prison operations would not be significant. Any
such costs would be subject to the availability of appropriated
funds.
Because those prosecuted and convicted under S. 373 could
be subject to criminal fines, the federal government might
collect additional fines if the legislation is enacted.
Criminal fines are recorded as revenues, deposited in the Crime
Victims Fund, and later spent. CBO expects that any additional
revenues and direct spending would not be significant because
of the small number of cases likely to be affected.
Under S. 373, entities such as zoos would need permits to
import or transport the affected species of snakes. Based on
information provided by the U.S. Fish and Wildlife Service
(USFWS), which issues permits for such activities, CBO
estimates that enacting the bill could result in an increase in
offsetting collections (for permits) and associated spending.
We estimate that such increases would be minimal, however, and
would offset each other in most years, resulting in no
significant net cost.
By prohibiting the importation and interstate transport of
several species of python, anaconda, and boa constrictor
without a permit from USFWS, the bill would impose
intergovernmental and private-sector mandates as defined in the
Unfunded Mandates Reform Act, UMRA, USFWS is authorized to
issue permits for scientific, medical, educational, or
zoological reasons.
The cost to public and private entities that are eligible
for permits, such as zoos or research centers, would be the
expense of obtaining those permits. Fees for private entities
would be $25 or $100 depending on the activity being
authorized. (USFWS regulations prohibit the agency from
charging permit fees to state, local, or tribal entities.) The
cost of the mandate to those ineligible for a permit, including
private importers, breeders, retailers, shippers, and owners of
those snakes, would be the forgone net income from the
inability to sell or transport the animals across state lines.
According to the USFWS, exporting those species of snakes would
be allowed, however, only from ports designated by the USFWS.
Based on information about the cost of permits from the
USFWS and information gathered from individuals in the industry
about the value of shipments, sales, and imports of species
covered by the legislation, CBO estimates that the direct costs
of the mandates would fall below the annual thresholds
established in UMRA for intergovernmental and private-sector
mandates ($70 million and $141 million in 2010, respectively,
adjusted annually for inflation).
On October 9, 2009, CBO transmitted a cost estimate for
H.R. 2811, a bill to amend title 18, United States Code, to
include constrictor snakes of the species Python genera as an
injurious animal, as ordered reported by the House Committee on
the Judiciary on July 29, 2009. The two bills are similar, and
the CBO cost estimates are the same.
MINORITY VIEWS OF SENATOR INHOFE
BACKGROUND
In 2009, the Committee on Environment and Public Works held
a series of hearings on S. 373, along with several other bills
that addressed the possible threats posed by particular non-
native species to the environment. In the context of S. 373, I
believe we must be cautious about new laws that interfere with
the Fish and Wildlife Service's management practices, as they
could impose changes to environmental laws with little or no
input from stakeholders, industry and other federal agencies.
As we chart a course of action to address harmful species, we
must be careful to avoid subverting or overturning established
processes within the Department of Interior for determining the
threat a particular species may have on the environment.
Any policy that Congress considers for invasive species
should include a reasonable ``risk analysis'' process with
input from states and industry. Unfortunately, S. 373 takes a
different and less effective approach and was reported out of
Committee on December 10, 2009 despite my opposition.
PROPOSED RULE FOR LISTING GIANT CONSTRICTOR SNAKES AS INJURIOUS
WILDLIFE
On March 11, 2010, the United States Fish and Wildlife
service announced that it would move forward with the official
administrative process of banning the importation, export and
interstate transport of 9 species of constrictor snakes. I
believe this is the appropriate way to proceed in assessing the
threats posed by various constrictor snake species. Unlike S.
373, this rule-making process will ensure that all stakeholder
views and sound peer-reviewed science are given fair
consideration.
This bill circumvents the established process for listing a
species as ``injurious'' under the Lacey Act and sets a
dangerous precedent for future instances of legislative fiat as
it pertains to scientific determinations of species and their
habitats. I would oppose moving forward with this bill, in
light of the Fish and Wildlife Service's ongoing rule making
process to address the potential threats constrictor snakes may
pose to human health and the environment.
James M. Inhofe.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
* * * * * * *
Sec. 42. Importation or shipment of injurious mammals,
birds, fish (including mollusks and crustacea), amphibia, and
reptiles; permits, specimens for museums; regulations.
(a)(1) The importation into the United States, any
territory of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any possession of the United
States, or any shipment between the continental United States,
the District of Columbia, Hawaii, the Commonwealth of Puerto
Rico, or any possession of the United States, of the mongoose
of the species Herpestes auropunctatus; of the species of so-
called ``flying foxes'' or fruit bats of the genus Pteropus; of
the zebra mussel of the species Dreissena polymorpha; of any
existing or subsequently discovered member of the species
Python molurus (including Python bivittatus (also known as
``Python molurus bivittatus'')), Broghammerus reticulatus (also
known as ``Python reticulatus''), Python sebae, Python
natalensis (also known as ``Python sebae natalensis''), Boa
constrictor, Eunectes notaeus, Eunectes deschauenseei, Eunectes
murinus, or Eunectes beniensis and such other species of wild
mammals, wild birds, fish (including mollusks and crustacea),
amphibians, reptiles, brown tree snakes, or the offspring or
eggs of any of the foregoing which the Secretary of the
Interior may prescribe by regulation to be injurious to human
beings, to the interests of agriculture, horticulture,
forestry, or to wildlife or the wildlife resources of the
United States, is hereby prohibited. All such prohibited
mammals, birds, fish (including mollusks and crustacea),
amphibians, and reptiles, and the eggs or offspring therefrom,
shall be promptly exported or destroyed at the expense of the
importer or consignee. Nothing in this section shall be
construed to repeal or modify any provision of the Public
Health Service Act or Federal Food, Drug, and Cosmetic Act.
Also, this section shall not authorize any action with respect
to the importation of any plant pest as defined in the Federal
Plant Pest Act, insofar as such importation is subject to
regulation under that Act.
* * * * * * *