Pythons, Politics, Rumor & Controversy: Clarification on the Constrictor Rule

This article has been re-posted from the US Herpetoculture Alliance at

The Thanksgiving notification given to the Office of Information and Regulatory Affairs (OIRA) by US Fish & Wildlife Service (FWS) that there would be another step toward the finalization of the Constrictor Rule in early 2014 has turned the herpetoculture industry on its ear. Confusion is rampant in the community. Accusations have been leveled as to responsibility, and the reptile and pet industry trade associations are scrambling trying to effect damage control. But the situation is not nearly as complicated as some would make it out to be.

photo: USGS- Green Anaconda

photo: USGS- Green Anaconda

At stake here is the trade in large constricting snakes that have been slated for addition to the Injurious Wildlife List of the Lacey Act. In 2011 FWS proposed a rule to add nine constricting snakes to the Injurious Species List. The trade in these nine species was estimated to be in excess of $100 million annually, potentially making the rule fall into the “major” rule classification which would mandate that the rule making process be rigorous and subject to information quality standards.

Subsequently, FWS published a partial rule in the Federal Register in January 2012; listing four of the proposed nine snakes on the injurious list, and holding the remaining five out as continuing to be “under consideration.” Since the rule was published USARK, PIJAC and US Herpetoculture Alliance have gone back and forth to Washington DC discussing further finalization of the ‘Constrictor Rule’ in order to remove the onus of the “under consideration” designation from the remaining five snakes that were not listed. The argument was this designation was tantamount to a de-facto listing and was destroying legal trade.

US Fish & Wildlife Service Seeks To Add More Snake As Injurious Wildlife

US Fish & Wildlife Service Seeks To Add More Snake As Injurious Wildlife

Fast forward to Monday, December 2, 2013. The US Herpetoculture Alliance was made aware that FWS had notified OIRA of it’s intention to finalize in full, or in part, the listing of the remaining five snakes still “under consideration” as a part of the ‘Constrictor Rule’. As reported, the notification abstract published last week indicated: “We are making a final determination on the listing of five species of large constrictor snakes as injurious wildlife under the Lacey Act: Reticulated python, DeSchauensee’s anaconda, green anaconda, Beni anaconda, and boa constrictor. Four of the nine proposed species were listed in 77 FR 3330. This rule will determine the status of the remaining five species under the same RIN.” ~ US Fish & Wildlife Service, December 2013

In the wake of this discovery we began to further research the FWS/ OIRA records over the last year. We found an even more ominous notification from July 2013 that no one had ever reported on: “We are making a final determination to list four species of large constrictor snakes as injurious wildlife under the Lacey Act: Reticulated python, DeSchauensee’s anaconda, green anaconda, and Beni anaconda. The boa constrictor is still under consideration for listing. Four of the nine proposed species were listed in 77 FR 3330. This rule will list four more under the same RIN. One more species will remain under consideration for listing under the same RIN.” ~ US Fish & Wildlife Service, July 2013

Both of these notices are part of the public record. They are not privileged information. They are available to anyone who looks for them. Neither notice is subject to interpretation. They are both the exact language used by FWS. Please follow the links and read them for yourself.

“Three things cannot be long hidden: the sun, the moon, and the truth.” ~ Buddha

The reality is that this is not super secret national security stuff. It is all public record. FWS has sent clear signals that they intend to finalize the ‘Constrictor Rule’ very soon; probably by February 2014. What is also very clear is that, according to their own notice, they will likely add reticulated pythons and the three remaining anacondas to the Injurious Wildlife list of the Lacey Act; while continuing to leave boa constrictors “under consideration” for future listing.

photo: USGS- Boa Constrictor

photo: USGS- Boa Constrictor

The biggest question in our mind is whether FWS will actually stop short of listing boa constrictor. We think that they will not include boa constrictors in this action, but they can do whatever they want, and publish whatever they want. They are NOT restricted by the notices they have made a part of the public record. The Herp Alliance truly hopes that FWS will decide NOT to list any more snakes. We will not know for sure until FWS publishes the final rule in the Federal Register.

In 2012 the “rumor” circulating among Washington insiders was that only two snakes would actually get listed in the final rule. As you know four were listed. Today our best guess is that four of the remaining five will get listed; with reticulated pythons being added to the list and boas escaping for the time being. We sincerely hope it will not be all five that get listed. Our endeavor is to make the best information available to the herpetoculture community. We hope this clarifies some of the confusion.

Andrew Wyatt Joins Vitello Consulting

Panorama of the US Capitol Building with its Reflection on Water at Night

“It is not just what you know, but who you know that ensures success navigating the corridors of Washington, DC” ~ Andrew Wyatt

Andrew Wyatt joins Vitello Consulting after serving as CEO of non‐ profit advocacy organizations for almost a decade. In 2008, his passion for wildlife led him to become

vitello-logoone of the founders of the United States Association of Reptile Keepers (USARK), the leading trade association in the United States advocating for responsible ownership and trade in reptiles. As CEO of USARK, Andrew is credited with pioneering advocacy for herpetoculture, the captive propagation of high quality reptiles and amphibians. His work at USARK also included development of a large grassroots component known as the “Reptile Nation”. Today it is estimated that the reptile industry generates roughly $1.2 billion in annual revenues.

As a recognized expert in his field, the U.S. House of Representatives, U.S. Senate, federal agencies, and state and municipal governments routinely call upon Andrew to provide advice and counsel and expert testimony.

Andrew Wyatt Joins Vitello Consulting

Andrew Wyatt Joins Vitello Consulting

Andrew has also done extensive media on the subject matter and has been featured in both national print and radio throughout the last decade.

Andrew’s formative years drew him to politics at an early age. His grandfather was a State Representative in New Mexico and also served as the president of the NM Cattlemen’s Association. His father was a high‐ranking Army officer, whose final duty station was in Washington, D.C. Dinner table conversation “inside the beltway” consisted of geopolitical debate, and hosting important political figures and military brass was standard fare.

In his down time, Andrew is an avid outdoorsman and enjoys falconry and hunting dogs. He is also a fitness buff and has been engaged in the martial arts and endurance sports for many years.

Andrew serves on the Board of Directors of the non‐profit conservation organization, US Herpetoculture Alliance.

Vitello Consulting