New Pet Laws in the US

[Lady's Human]

Just read the articles.

The proposal isn't a change to the laws, which would require a Congressional vote, rather, it is an addition to the listed species under the Lacey act which doesn't require congressional action for it to be approved. What the lawmaker in question is trying to do is to get the USFW to move more rapidly to add the species to the act using the exisitng regulatory framework.

[BoaLover11]

Well, the deadline for CatEx has been extended to September 30. I am guessing this is because enough people stood up against its passing, and they're now going over it more thoroughly. I am not sure about the additions to the Lacey Act, as I cannot find anything about it other than its proposal.

[Lady's Human]

Well, the deadline for CatEx has been extended to September 30. I am guessing this is because enough people stood up against its passing, and they're now going over it more thoroughly. I am not sure about the additions to the Lacey Act, as I cannot find anything about it other than its proposal.

The categorical exclusion is a proposed rules change, as in a change in how an agency is going to implement legislation, not a legislative change. The proposal was posted in the CFR (combined Federal Register) on 1 July 2013. This means that there is a 90 day comment/discussion period before implementation of the rule.

Nothing has been delayed, it's just the way the process works.

[BoaLover11]

The categorical exclusion is a proposed rules change, as in a change in how an agency is going to implement legislation, not a legislative change. The proposal was posted in the CFR (combined Federal Register) on 1 July 2013. This means that there is a 90 day comment/discussion period before implementation of the rule.

Nothing has been delayed, it's just the way the process works.

Ah. But it has been delayed. USARK was able to get an extension and re-opening for the discussion period for Cat-X, so technically it has been delayed. If you're interested, here are some excerpts from USARK's latest newsletter.

On Cat-X:
"USARK was well-prepared and submitted extensive comments before the original deadline. As USARK has previously noted, FWS is proposing a “categorical exclusion” from the National Environmental Policy Act (better known simply as “NEPA”) when it acts to ban importation and interstate trade in reptiles and other species it, in its sole judgment, considers “injurious.” In response, we filed thorough and legally-supported opposition to FWS’ unwarranted and unjustified proposal to exempt Lacey Act listings from environmental and scientific review and public comment.

As USARK observed, FWS lacks the power to declare itself free from NEPA. Ultimately, a court can decide whether the snake listing or any future declaration of a reptile or amphibian species as injurious complies with NEPA and other applicable law. USARK stands ready to uphold these laws, and end and reverse the unjustified snake ban."

Some more on Cat-X:
"Application of this exclusion to any unwarranted attempt to list the boa constrictor and four other snakes still pending is thoroughly unjustified and unlawful. Even if there were some listings that could be justified as NEPA exempt, the constricting snake proposal is not one. It meets the key criteria for a major federal action that requires a full environmental impact statement:

Both the concluded and pending listings have large negative environmental impacts that come nowhere near being outweighed by the virtually non-existent benefits. Adverse impacts include loss of needed conservation research and public environmental education opportunities, diversion of limited state conservation resources, and increased potential for releases into the wild and/or a mass slaughter of these majestic creatures;
It is highly controversial, generating over 45,000 public comments and spurring at least three congressional hearings at which USARK presented testimony;
The science supporting the ban is uncertain and its effects uncertain. In fact, the weight of scientific evidence suggests that these snakes pose no threat outside of extreme southern Florida and tropical states and territories where importation and possession is already prohibited; and
This first ever Lacey Act listing of a species in common pet ownership is a precedent for future similar actions with similar uncertain and counterproductive impacts."

"In the context of Lacey Act listings, NEPA is both essential and legally required. This criminal statute simply grants the Interior Secretary, acting through FWS, the power to make injurious determinations. NEPA supplies the requirements for scientific analysis and public comment. Without NEPA, people could have their livelihoods taken away based on undisclosed science and whims of federal bureaucrats."

If you want to read the whole thing, here's a link: http://usark.org/uncategorized/cat-x...and-more-8813/

You say that Cat-X is to speed up the process. I disagree. I believe it's being passed so that they will have no opposition in their future additions, and I don't believe they should have that right. Sure, I agree these animals should be regulated. But, once again, I do not believe the Lacey Act nor Cat-X are the answer. After all, has the Lacey Act done anything to help the Burmese python population? It's been on the list for a year or two now, surely it's lowered their population? I don't see how an importation/transportation law will do anything about an established breeding population. People can still own them in their states, they can still release the snakes into the wild in their state, and the snakes can still be bred and sold in their state. So, even with the Lacey Act, more pet snakes can still be added to wild. All it's doing is taking rights away from pet owners without addressing the problem it's supposedly put in place for.

[I ♥ My Horses]

I am TOTALLY against the Lacey Act. Forbidding large snakes to travel state from state is ridiculous. Not all snake owners are irresponsible, and not all dump their snakes in the everglades. All I know is that any person found to be carrying a large Retic, Burmese, or African rock python are charged and the animals are confiscated and euthanized.