Trophy Hunting and Conservation Science

pride lion

photo: Hilton

“The truth is rarely pure and never simple.”― Oscar Wilde

Washington, D.C.— Few things stoke the fires of emotion like the idea of endangered species dying unnecessarily. The African lion, one of the most iconic species on the planet, has become a symbol of conservation worldwide. But while Disney’s The Lion King personalizes an anthropomorphic view of animals in the American psyche, the debate on how best to conserve lions and other threatened species is not always consistent with pop culture notions. The science vs emotionalism debate is guaranteed to heat up with the recent introduction of the Prohibiting Threatened and Endangered Creature Trophies Act of 2019 (ProTECT) Act (H.R. 4804) to the U.S. House of Representatives by Texas Democrat, Sheila Jackson-Lee. It has been assigned to the House Committee on Natural Resources.

H.R. 4804 not only seeks to prevent the hunting of lions or any species listed as endangered or threatened under the Endangered Species Act (ESA), but would undermine captive breeding projects that were exempted from ESA by the Obama Administration; projects that have successfully saved the scimitar-horned oryx, and other endangered hoof stock from extinction— returning them to the African savannah.

“As human-lion contact increases, so does human-lion conflict, resulting in reductions in lion numbers (through poisoning, trapping and shooting) and lack of support for lion conservation among local communities.” ~ IUCN SSC Cat Specialist Group

While the debate in Washington regarding the best way to conserve wildlife continues, animal rights groups stoke the fires of emotionalism surrounding H.R. 4804, cultivating an irrational hatred for hunters on social media pages. Despite the rhetorical hyperbole, real conservation deserves a fair understanding of the facts.

All agree that populations of lions have declined significantly. According to a study authored by Professor Stuart Pimm of Duke University in 2012, about 75 percent of Africa’s savannahs and more than two-thirds of the lion population once estimated to live there have disappeared in the last 50 years. There are likely between 32,000 and 35,000 free ranging lions on the African continent today. According to professor Pimm, “massive land-use change and deforestation, driven by rapid human population growth” is the primary reason for the decline of the lion. This same human-wildlife conflict dynamic holds true as the primary threat to other listed species as well.

Sixty percent of big game hunted in Africa are destined for trophy rooms in the United States. Proponents of the ProTECT Act say allowing hunters to export trophies back to the U.S. sends the wrong conservation message. They say lions and other listed species would be best conserved by blocking access to American hunters, thereby reducing pressure on populations.

Jeff Flocken of the International Fund for Animal Welfare (IFAW) once wrote, “Why should anyone spend money to protect an animal that a wealthy American can then pay to go kill?” Mr. Flocken characterized his argument as common sense, but acknowledged that, habitat loss and human-lion conflict, not hunting, are the primary causes of the lions’ disappearance from Africa.

In August 2019, Science magazine published an open letter, “Trophy hunting bans imperil biodiversity,” led by five scientists from Oxford University’s Wildlife Conservation Research Unit and the International Union for Conservation of Nature (IUCN), and signed by 128 more. The letter stated that hunting has many positive impacts on conservation, and Amy Dickman, one of the letter’s lead authors, appeared on the BBC, where she stated that imposing a complete trophy hunting ban is likely to cause “more animals to die.”

Kitty Block, CEO of the Humane Society of the United States (HSUS), is critical of of the Science letter. She argues that the scientists who signed the letter should be ignored, implying that there is a conflict of interest because some have received conservation dollars derived from hunting interests to help pay for their research. Ms. Block calls the research money a corrupting influence, resulting in what she refers to as, “a web of lies.”

“For years now, trophy hunters have spun a web of lies to tie their ruthless killing of some of the world’s most at-risk animals to fake conservation benefits.”— Kitty Block, CEO HSUS, October 30, 2019

It is absolutely essential that local communities identify the presence of lions and other wildlife as a direct benefit to them. Reducing human-wildlife conflict is critical to conservation success. According to Dennis Ikanda, of the Tanzania Wildlife Research Institute’s Kingupira Research Centre, his country generated $75 million in lion hunting from 2008 to 2011. Opponents of the ProTECT Act assert that trophy hunting is the only thing standing between the lions and extinction. Although those claims may seem counter intuitive, the money generated by hunting is being plowed back into the local economy, into conservation measures, and into protecting lions from poaching. Hunting advocates say the only chance for survival of the lions is management as a valuable and sustainable natural resource.

Although the idea of trophy hunting does not enjoy wide popularity, its value as a pragmatic conservation tool has proven to have great merit. The questions are: 1) will a hunting ban relieve pressure on threatened animal populations? or 2) will public policy ignore scientific evidence, and remove economic incentives necessary to protect valuable wildlife resources?

Animal rights advocates completely dismiss the conservation benefits of hunting. They value protecting individual animals over actions that favor preservation of species. However, a study of trophy hunting by the University of Zimbabwe supports claims of conservation success tied to responsible hunting practices. Peter Lindsey, the lead author of the study, wrote, “trophy hunting is sustainable and low risk if well managed.” Lindsey continued, “Trophy hunting was banned in Kenya in 1977, in Tanzania during 1973–1978, and in Zambia from 2000 through 2003. Each of these bans resulted in an accelerated loss of wildlife due to the removal of incentives for conservation. Avoiding future bans is thus vital for conservation.” When local communities are not incentivized to protect lions they are subsequently killed.

To date there appears to be no clear evidence that would support the premise that banning Americans from trophy hunting would inure conservation benefit to wildlife in Africa. To the contrary, banning hunting could undermine real conservation efforts by diminishing the value of lions and other listed species to local African communities. Remove economic incentives and conservation dollars, and you remove the only thing holding back the tide of human population growth and habitat destruction that is overwhelming the once prolific lion.

“…conservation policy that is not based on science threatens habitat and biodiversity.”— Amy Dickman, University of Oxford

Trophy hunting is by no means a perfect solution, but the IUCN Cat Specialists Group says, “Properly managed trophy hunting was viewed as an important solution to long-term lion conservation.” There will always be some abuse from unscrupulous individuals. But the monetary incentive to mange sustainable populations for hunting is the only protection lions currently have. Removing economic incentive for Africans to conserve lions has been demonstrated to be disastrous. Until a better conservation model proves it’s mettle, responsibly managed hunts are the best chance for lions and other species to survive the human population explosion in Africa.


Andrew Wyatt is a government affairs and policy consultant dedicated exclusively to the wildlife sector. Vitello Consulting for the Win!

Andrew_Bolton 2018

Andrew Wyatt and former National Security Advisor John Bolton in the “Green Room” at FOX & Friends

“In an arena known to be dominated by powerful special interest groups, Vitello Consulting has created a niche providing tailored advocacy strategies that are leveling the playing field for wildlife clients on Capitol Hill— And in 2014 we began offering state level advocacy that has negated most of the legislative and regulatory initiatives impacting our clients in state capitols across the country. Please follow The Last Word on Wildlife for insight and analysis particular to the 21st century wildlife sector. If you would like to discuss the advantages of creating a comprehensive business/government affairs strategy, or a more targeted issue campaign, please call or email me.” — Andrew Wyatt


©Andrew Wyatt and The Last Word on Wildlife, 2019. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Andrew Wyatt and The Last Word on Wildlife with appropriate and specific direction to the original content. Material posted from guest writers is the sole intellectual property of the author. Please seek permission directly from the author prior to reproducing in whole or in part.

HSUS—AZA: Golden Bridge to Zoo Obsolescence

lion

Sun Tzu, the famous Chinese General who wrote the classic text ‘The Art of War,’ said ‘Build your enemies a golden bridge’. He meant corner your enemy, and then rather than fighting, create a path of escape in the direction that you want them to go. The Golden Bridge works by closing off all options except the one you have strategically chosen.

A Change in Tactics
Why has Wayne Pacelle and the Humane Society of the United States (HSUS) taken such a proactive interest in the Association of Zoos and Aquariums (AZA)? After decades of opposing zoos and all forms of captive conservation, Wayne Pacelle appears to have changed tactics in his bid to close the book on zoos. What if he could harness the active cooperation of AZA? He may then be able to influence a change of direction from within. To that end Pacelle spent the summer of 2017 speaking about how collaboration between HSUS and AZA is the way of the future. With long time friend and political ally, Dan Ashe, now at the helm of AZA, Pacelle may be empowered to usher zoos into a self enforced obsolescence.

The new twist in the HSUS—AZA partnership was unveiled when Dan Ashe announced that Wayne Pacelle, CEO of the Humane Society of the United States, would be the keynote speaker at the AZA Annual Conference 2017. Ashe added, “[Wayne] Pacelle has an important perspective to share with conference attendees.” Facebook blazed with opposition posts, and an online petition to disinvite Pacelle from the conference garnered more than 700 signatures. Nevertheless, Wayne Pacelle was welcomed as the keynote address.

Will Wayne Pacelle be “invited” to join the AZA Board of Directors?

The HSUS stance on zoos had been straight forward until recent years. HSUS had always opposed zoos and all captive breeding. In the 1990’s HSUS said that, “if the right policies were pursued, we would need no zoos at all.” In 2004, Nicole Paquette, Vice President of Wildlife Protection for HSUS, told the Los Angeles Times that she opposed “keeping animals in zoos.” However in his 2017 address, Wayne Pacelle declared, “The AZA and The HSUS have many shared ideals.” 

As has become his signature, Pacelle couldn’t resist reaching into his bag of dirty tricks. He has targeted the zoo community, lawmakers and government agencies with a smear campaign designed to brand any non-AZA facility with the pejorative of “Roadside Zoo.” Near the close of his keynote speech at the AZA Annual Conference, there was a moment reminiscent of Star Wars— when Darth Vader appeals to Luke Skywalker to, “feel the power of the dark side.” While calling dissenters “divisive,” Pacelle openly urged AZA members to turn on their zoo colleagues, and join him in condemning the Zoological Association of America (ZAA), the second largest zoo accreditation organization in the U.S.— Keep in mind, these are well respected, fully accredited zoos, duly licensed and inspected by the USDA.

There is no doubt that for the last decade, HSUS has been pressuring and using the AZA as a surrogate to advance animal rights based legislation and zoo policy. Ron Kagan, the Director of the Detroit Zoo, has spearheaded the HSUS crusade to win hearts and minds at the AZA, and he has been actively forging stronger ties with more radical members of the animal rights movement. While many AZA members have been more than dubious of Pacelle and Kagan’s efforts to co-opt the organization,  the cooperation of AZA leadership has lent much needed zoological legitimacy to the animal rights behemoth— and in exchange HSUS has exempted AZA from ongoing anti-zoo legislative initiatives at the local, state and federal level.

“I believe the animals on exhibit [at zoos] should be rescues.” —Wayne Pacelle, 4th International Animal Welfare Congress 2017

The Golden Bridge
According to their own statements, Kagan and Pacelle believe zoos should “transition to the sanctuary model,” and forgo the keeping of any large charismatic species in captivity— in this vision of the future, zoos would cease to exhibit cetaceans, elephants, great apes, and large carnivores. Under this “sanctuary model” zoos would become “last stop” sanctuaries, and conservation based captive breeding programs would be terminated. The AZA Species Survival Plans (SSP’s) have been vital to conservation, and a return to the wild, of endangered and even previously extinct species like the scimitar horned oryx, but captive breeding is a sin in the world of animal rights.

The reality is, animals are rarely taken from the wild for exhibit, especially endangered animals. So if there is no breeding, there are no zoo animals. If the transition to the sanctuary model combined with the dissolution of captive conservation projects (SSP’s) becomes policy, in 20-40 years AZA zoos would not have any animals to exhibit, nor would they have the archive of genetic stock for hundreds of endangered species. The long held HSUS paradigm of “one generation and out” would come to pass. This is the “Golden Bridge” that Wayne Pacelle, Dan Ashe and Ron Kagan envision for the AZA to retreat across—a strange new land where zoos are sanctuaries, and SSP’s are a memory— and anyone who is not on board is “cruel,” a “bad actor,” or a “roadside zoo.”


Andrew Wyatt, of Vitello Consulting, is a government affairs and policy consultant dedicated exclusively to the wildlife sector. Vitello Consulting for the Win!

WyattP1“In an arena known to be dominated by powerful special interest groups such as the Humane Society of the United States and People for the Ethical Treatment of Animals (PeTA), Vitello Consulting has created a niche providing powerful advocacy strategies that are leveling the playing field for it’s wildlife clients on Capitol Hill.  In 2014 we began to offer state level advocacy that has negated most of the legislative and regulatory initiatives pushed by HSUS and PeTA against our clients in state capitols across the country. Please follow ‘The Last Word on Wildlife’ for insight and analysis particular to the 21st century wildlife sector. If you would like to discuss the potential advantages of creating a comprehensive business/government affairs strategy, or a more targeted issue campaign, please call or email me.” — Andrew Wyatt


©Andrew Wyatt and The Last Word on Wildlife, 2018. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Andrew Wyatt and The Last Word on Wildlife with appropriate and specific direction to the original content. Material posted from guest writers is the sole intellectual property of the author. Please seek permission directly from the author prior to reproducing in whole or in part

Animal Ambassadors: 21st Century Conservation — Doc Antle’s Tiger Tales

I attribute the perfect safety record here at TIGERS/RSF to the fact that we have evolved our zoological model to focus on socialization, training and rigorous enrichment opportunities. — Doc Antle, October 2017

Read more via Animal Ambassadors: 21st Century Conservation — Doc Antle’s Tiger Tales

Big Cats and Zoo Politics

Update: H.R. 1818— Big Cat Public Safety Act

Dan Ashe and Wayne PacelleDan Ashe, CEO AZA, with Wayne Pacelle, CEO HSUS— photo via twitter

The Big Cat Public Safety Act is alive and well, notwithstanding assurances to the contrary made by Dan Ashe, CEO of the Association of Zoos and Aquariums (AZA), to member zoos concerned about the survival of their Animal Ambassador programs.

On March 30, 2017 the Big Cat Public Safety Act (H.R. 1818) was introduced into the U.S. House of Representatives. The Humane Society of the United States (HSUS), the primary proponent of the measure, characterized the bill as a bi-partisan effort to “prohibit private ownership of captive lions, tigers, and other big cats in the US.” — ostensibly a bill to ban big cats as pets. However, most states already prohibit the ownership of big cats as pets. South Carolina passed a law banning big cats as pets in the 2017 legislative session. The primary impact of H.R. 1818 would not be on pet owners, but on zoos and sanctuaries that are not ideologically aligned with the HSUS.

Zoo Controversy
Recently, a dark tide of suspicion and uncertainty washed over the zoo community, when news of an alliance between an anti-zoo-animal-rights behemoth, HSUS, and the largest zoological trade association in the country, AZA, was announced. The new partnership was unveiled when Dan Ashe announced that his old friend Wayne Pacelle, CEO of the HSUS, would be the keynote speaker at the AZA Annual Conference 2017.  Facebook blazed with opposition posts, and an online petition to disinvite Pacelle from the conference garnered more than 700 signatures.

Simultaneously, AZA declined Protect the Harvest’s platinum sponsorship and revoked its booth at their conference. Protect the Harvest, a farm organization founded by Forrest Lucas, has been a vocal critic of the HSUS, and their removal from the conference was a clear nod to the HSUS by Dan Ashe. Clearly, Wayne Pacelle wanted no counter balance to his aggressive animal rights vision for AZA.

Association Politics and Propaganda
In the lead up to the AZA conference, AZA members criticized Dan Ashe for inviting Pacelle as the keynote speaker. For many, it was akin to letting the fox into the hen house. Pacelle has never supported zoos in the past, and has never supported captive breeding programs for conservation. He has a reputation for believing he has the moral authority— giving himself latitude — to play fast and loose with the truth. His ability to engineer slick media campaigns designed to smear his enemies and promote his friends has become his signature.

The HSUS propaganda machine can be a serious problem for anyone not willing to align with Pacelle’s animal rights philosophy. Farmers, egg producers, ranchers and dog fanciers can all attest to the damage done when Pacelle opens up his bag of dirty tricks. Understandably, many in the zoo community are afraid that HSUS will lead the AZA into dangerous and uncertain territory.

“Dan was the best US Fish and Wildlife Service Director the nation has ever had.”— Wayne Pacelle, AZA Annual Conference 2017

Some AZA members say they were assured by Dan Ashe that H.R. 1818 was dead. Many had expressed fears the bill would eliminate their Animal Ambassador programs. However, keep in mind, Dan Ashe has always been known for a very transactional management style. As director of FWS, he never met someone that he didn’t agree with. At the meeting table Ashe focuses on appeasement. Regardless of eventual outcomes, face to face, he is always on your side.

ZAA Smear
During his opening statements at the AZA Annual Conference, Pacelle revealed the long term relationship between he and Dan Ashe dating back to before their close association during Ashe’s days as Director of U.S. Fish and Wildlife Service (FWS). Pacelle joked about playing basketball with Ashe in the mid-80’s. Then in an attempt to demonstrate ideological parity between the HSUS and the AZA, and to assuage member concerns about the historically anti-zoo HSUS mission, Pacelle elevated the AZA accreditation above all other zoological trade associations, calling it the “gold standard.” He then directed his ire toward the second largest zoo accreditation organization, the Zoological Association of America (ZAA), saying, “[ZAA] doesn’t have standards”— and equating it to the “pet ownership” he wants to eliminate with H.R. 1818. Pacelle’s efforts to discredit the ZAA and convince AZA conference attendees that ZAA’s zoo accreditation equates to pet ownership provided for the darkest moments of his address.

Big Cat Public Safety Act is Alive and Well
Ironically, in his closing remarks, Pacelle contradicted Ashe when he thanked the AZA for their “collaboration” on H.R. 1818, after Dan Ashe was reported to have just told some members that AZA was not supporting the bill. Not only did Pacelle implore members to support H.R. 1818, he urged them to take an active role discrediting the ZAA brand, calling ZAA members, “bad actors” and “unethical businesses.”

“Let’s get this bill done… let’s get congress to act on these issues.”— Wayne Pacelle, AZA Annual Conference 2017

H.R. 1818 may not be front burner on Capitol Hill right now, but HSUS and AZA are pushing for it. AZA members who are under the impression Dan Ashe doesn’t support this measure should seek clarification on exactly where AZA stands. All it would take is for one legislator to be convinced they could score some safe political points by pushing what HSUS has characterized as a “common sense public safety” issue to move H.R. 1818. I imagine at that point, Dan Ashe if true to form, would admonish that it is all beyond his control. Remember, election season is right around the corner, and talk is cheap in Washington, D.C. Don’t get lulled into a false sense of security.


Andrew Wyatt, working through the firm of Vitello Consulting, is a government affairs and policy consultant dedicated exclusively to the wildlife sector.

WyattP1“Wildlife issues are highly charged and contentious. I specialize in articulating clear policy ideas and getting them in front of key decision makers. Please follow ‘The Last Word on Wildlife’ for insight and analysis particular to the 21st century wildlife sector. If you would like to discuss the potential advantages of creating a comprehensive business/government affairs strategy, or a more targeted issue campaign, please call or email me.” — Andrew Wyatt


©Andrew Wyatt and The Last Word on Wildlife, 2017. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Andrew Wyatt and The Last Word on Wildlife with appropriate and specific direction to the original content.

Vitello Consulting for the Win

Politics

In an arena known to be dominated by powerful special interest groups such as the Humane Society of the United States (HSUS) and People for the Ethical Treatment of Animals (PeTA), Vitello Consulting (VC) has created a niche providing powerful advocacy strategies that are leveling the playing field for it’s wildlife clients on Capitol Hill.  Additionally, in 2014 VC began to offer state level advocacy that has negated most of the legislative and regulatory initiatives pushed by HSUS and PeTA in state capitols across the country.

Bloomberg Government ranked Vitello Consulting in the ‘Top 5’ Washington, D.C. government affairs firms that specialize in wildlife issues. —2016

Our philosophy at Vitello Consulting is very simple, every client deserves our full attention and commitment.  We provide the ability to quickly analyze, interpret and track new bills.  Our expertise engaging regulatory agencies, and providing “substantive” public comment has been invaluable to clients. Not only do we have the political and agency contacts to achieve positive outcomes, but we have a vast network to draw from should it be necessary to exercise some grass roots muscle.  Our state level success is unmatched anywhere.  There is no other firm in the country that can manage a multi-pronged government affairs strategy on a budget tailored to your needs.

HSUS vents frustration with Vitello client advocacy [VIDEO]

Video credit: Center for Zoo Animal Welfare

The video clip above was taken from a recent zoo animal welfare meeting where the Association of Zoos and Aquariums (AZA) invited officers from HSUS and other animal rights advocates to convince AZA membership that they should welcome a partnership between animal rights advocates and AZA zoos.  In the video, Nicole Paquette, VP for Wildlife Protection at HSUS, articulates her frustration with the effectiveness of VC client advocacy.

Ms. Paquette tells the story of how in Illinois, HSUS was forced to kill their own bill because of our advocacy efforts.  What she didn’t mention is that after she hired a high priced contract lobbyist, we engaged the committee the bill was before, and revealed that HSUS and their lobbyist had misinformed the committee regarding the bill and it’s impacts.  When confronted with the facts, committee members from both sides of the political aisle realized they had been misled. Subsequently the committee verbally reprimanded HSUS representatives at the committee hearing, and killed the bill right there.

Vitello Consulting has made it’s bones helping small interests navigate the halls of Washington D.C. and state capitols around the United States.  It is awesome when our opponents acknowledge our success. Keep in mind, we can help you with a plan that makes financial sense for your budget.


Andrew Wyatt is a government affairs and policy consultant that works exclusively in the wildlife sector.

WyattP1“Wildlife issues are highly charged and contentious. I specialize in articulating clear policy ideas and getting them in front of key decision makers. Please follow ‘The Last Word on Wildlife’ for insight and analysis particular to the 21st century wildlife sector. If you would like to discuss the potential advantages of creating a comprehensive business/government affairs strategy, or a more targeted issue campaign, please call or email me.” — Andrew Wyatt


©Andrew Wyatt and The Last Word on Wildlife, 2017. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Andrew Wyatt and The Last Word on Wildlife with appropriate and specific direction to the original content.

Big Cat Public Safety Act: USFWS v. USDA

Legislative Update on the Status of H.R. 1818: Big Cat Public Safety Act

The Last Word on Wildlife

08270149-aa9f-4e80-bf2d-e81486d697e3-2060x1236UPDATED June 29, 2017

On March 30, 2017 the Big Cat Public Safety Act (H.R. 1818) was introduced into the U.S. House of Representatives. Proponents of H.R. 1818 laud it as a bi-partisan effort to “prohibit private ownership of captive lions, tigers, and other big cats in the US.” — in other words, pets. However, this characterization appears not only disingenuous, but it is duplicative, as most states already prohibit the ownership of big cats as pets. If passed as written, the primary impact of H.R. 1818 would not be on pet owners, but on zoos and sanctuaries that are not ideologically aligned with animal rights advocates espousing historical anti-captive wildlife sentiments.

Usurping the Animal Welfare Act
In a joint press release animal rights groups claimed H.R. 1818 would strengthen the Captive Wildlife Safety Act (CWSA). The CWSA is the 2003 Lacey Act amendment mandating interstate transport of big cats be limited…

View original post 948 more words

Landmark Victory for USARK in Python Ban Lawsuit

american-flag-gavel-scales-of-justice

“Scales” of Justice prove true for Herpetoculture

Washington DC— April 7, 2017. The United States Court of Appeals, District of Columbia Circuit in the case of the United States Association of Reptile Keepers v. Ryan Zinke, Secretary of The Interior and U.S. Fish and Wildlife Service, Humane Society of the United States and Center for Biological Diversity, ruled in favor of USARK on the question of Lacey Act authority to prohibit interstate transport of species listed as “injurious” under the Lacey Act. The court held that, “the government lacks authority under the shipment clause to prohibit shipments of injurious species between the ‘continental’ States.”

264575_210697215640070_6306357_n5-300x225What does all of this mean?
The way has now been cleared to legally resume trade of the Burmese python, North African python, South African python, reticulated python, DeSchauensee’s anaconda,  Beni anaconda, green anaconda and yellow anaconda within the “continental United States.” However, it appears that injurious species cannot be transported into the District of Columbia. The shipment clause specifically references the “continental United States,” “Hawaii,” the “Commonwealth of Puerto Rico,” and “any possession of the United States”, and the “District of Columbia” as distinct designations. In the court’s opinion the “District of Columbia” is an expressly separate designation from the “continental United States,” and specifically identified as prohibited in the shipment clause. In conclusion, it appears that there will be no legal transport into Washington, DC without the appropriate permits.

Congress defined the phrase “continental United States” in a statute enacted by the same Congress in the year before the 1960 addition of the shipment clause. See Pub. L. No. 86-70, § 48, 73 Stat. 141, 154 (1959); see also 1 U.S.C. § 1 note. Under that definition, “[w]henever the phrase ‘continental United States’ is used in any law of the United States enacted after the date of the enactment of this Act, it shall mean the 49 States on the North American Continent and the District of Columbia, unless otherwise expressly provided.”

Keep in mind that all nine constrictor snakes continue to be listed as injurious under the Lacey Act. Export and interstate transport are allowed. However import without a special permit is a felony and strictly prohibited. Violations can carry heavy fines and prison time.

Categorical Exclusion: CatX
Additionally, in 2015, in an unprecedented move, the U.S. Fish and Wildlife Service empowered itself to shortcut the rule making process under the Lacey Act in order to more easily declare injurious wildlife listings, making way for mass listing of species. Known as CatX, this rule has negatively impacted herpetoculture, and the pet trade by removing scientific justification from the listing process. This led to the listing of 201 salamander species in 2016, prohibiting the import and interstate trade of captive bred specimens. However, the ruling by the court on the authority of the Lacey Act to prohibit interstate transport now opens the way to resume trade of listed captive bred salamander species in the continental U.S., removing CatX’s teeth as a blunt force instrument to prohibit captive breeding programs on American soil. Listed species may be exported. However import without permit is a felony.

The bottom line is that CatX and the Python Ban now prohibit import only, and the Court’s Ruling has effectively clipped the wings of the radical animal rights industry seeking to use the Lacey Act to interfere with captive breeding programs in this country.

http://www.troutmansanders.com/george-y-sugiyama-joins-troutman-sanders-washington-dc-office-03-21-2012/

George Sugiyama, former Chief Minority Counsel, Senate EPW ~ Troutman Sanders

History of the USARK Lawsuit
In 2011, as then-CEO of the U.S. Association of Reptile Keepers (USARK), I led the fight against the listing of nine constrictor snakes as injurious under the Lacey Act. During the course of many visits to Capitol Hill, I met with George Sugiyama, Chief Minority Counsel for the Senate Environmental and Public Works (EPW) Committee. Mr. Sugiyama suggested to me, that in his legal opinion, FWS under the Lacey Act, did not have the authority to restrict interstate transport of species listed as injurious. I loved the simplicity of his argument and directed USARK’s counsel to further research and vet the idea. Subsequently, we hatched a plan, and created a blueprint for a lawsuit challenging the FWS’ authority to regulate interstate transport. The architects of the lawsuit were George Sugiyama, Joan Galvin and myself.

I spent most all of 2012 lobbying the USARK Board of Directors to move forward with the lawsuit. USARK finally filed that lawsuit against then-Interior Secretary Sally Jewell (USARK v. Jewell et al.) in the Federal District Court of Washington, DC in December of 2013— 11 months after I resigned from the organization. In the end it doesn’t matter why they waited. The point is, USARK did file the lawsuit, my strategy proved to be the correct one as illustrated by the court, and herpetoculture gets a huge victory that will resonate for years to come!

The Injurious Wildlife listing under the Lacey Act can no longer be used as the weapon it once was against domestic herpetoculture in the United States.

Congratulations USARK and the Reptile Nation for a job well done!
Working on behalf of USARK Joan Galvin, Shawn Gehan, David Frulla, Paul C. Rosenthal, Richard Stanley, and an anonymous legal contributor all played crucial roles in bring this lawsuit to fruition. In addition there have been countless volunteers and fundraisers that contributed and funded this unprecedented success that has been 9 years in the making. It has been my honor and privilege to play my part. My sincerest thank you to USARK and the entire Reptile Nation in this monumental victory for herpetoculture!


Happy Birthday USARK! — Many people don’t know, even the current officers of USARK, but USARK was founded as a trade association dedicated to the interests of herpetoculture on April 5, 2008 in Chicago, specifically to fight the Python Ban. The founding principal was Andrew Wyatt, formerly the founder and president of the North Carolina Association of Reptile Keepers (NCARK). The co-founders of USARK included Mack Robinette, Lou Sangermano, Ralph Davis, Doug Price, Sherry Tregembo, Jeff Ronnie, Warren Booth, Shawn Heflick, Brian Sharp, and Dan and Colette Sutherland. This group would become the USARK Board of Directors electing Wyatt as president and CEO in April 2008. April 5, 2017 was USARK’s Birthday. Happy Birthday to a young and successful trade association.


Andrew Wyatt is a government affairs and policy consultant that works exclusively in the wildlife sector.

Ula and me“Wildlife issues are highly charged and contentious. I specialize in articulating clear policy ideas and getting them in front of key decision makers. Please follow ‘The Last Word on Wildlife’ for insight and analysis particular to the 21st century wildlife sector. If you would like to discuss the potential advantages of creating a comprehensive business/government affairs strategy, or a more targeted issue campaign, please call or email me.” ~ Andrew Wyatt


© 2017 Andrew Wyatt and The Last Word on Wildlife. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Andrew Wyatt and The Last Word on Wildlife with appropriate and specific direction to the original content.