[House Report 111-693]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-693
======================================================================
TO AMEND TITLE 18, UNITED STATES CODE, TO INCLUDE CONSTRICTOR SNAKES OF
THE SPECIES PYTHON GENERA AS AN INJURIOUS ANIMAL
_______
December 21, 2010.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 2811]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 2811) to amend title 18, United States Code, to include
constrictor snakes of the species Python genera as an injurious
animal, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 6
New Budget Authority and Tax Expenditures........................ 6
Congressional Budget Office Cost Estimate........................ 6
Performance Goals and Objectives................................. 7
Constitutional Authority Statement............................... 8
Advisory on Earmarks............................................. 8
Section-by-Section Analysis...................................... 8
Jurisdictional Letters........................................... 9
Changes in Existing Law Made by the Bill, as Reported............ 10
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. IMPORTATION OR SHIPMENT OF INJURIOUS SPECIES.
Section 42(a)(1) of title 18, United States Code, is amended in the
first sentence by inserting ``; of the Burmese Python of the species
Python molurus bivittatus; of the African Rock Python of the species
Python sebae'' after ``polymorpha''.
Purpose and Summary
H.R. 2811, sponsored by Rep. Kendrick Meek (D-FL), adds the
three largest species of the genus Python--the Burmese Python,
as well as the two species of African Rock Python, the Northern
African Python and the Southern African Python--to a list of
injurious animals that are prohibited from importation and
interstate transportation into and throughout the United States
and its territories and possessions.
Background and Need for the Legislation
None of the three large python species addressed in the
bill is native to the United States; they were initially
imported for sale as pets. But they have become established in
the wild, living and breeding in Everglades National Park and
other parts of southern Florida. Hundreds were accidentally
released in 1992 when Hurricane Andrew destroyed a breeding
facility in Homestead, Florida, southwest of Miami and just
east of the Everglades. In addition, undetermined numbers have
been intentionally released into the Everglades over the years
by pet owners overwhelmed by the size, appetite, and power of
the snakes.
Experts estimate the number of Burmese Pythons in the wild
in that area to be in the tens of thousands. The African Rock
Python\1\ has also been found in the wild there, in smaller
numbers--there are indications of an active reproducing
population of Northern African Pythons on the western
boundaries of Miami.\2\ Meanwhile, pythons continue to be
legally imported--more than 140,000 Burmese Pythons alone since
2000, according to estimates.\3\
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\1\The Northern African Python (Python sebae) and the Southern
African Python (Python natalensis) are commonly referred to together as
the African Rock Python. The report uses all these terms.
\2\While thus far there is no evidence of established populations
of the Reticulated Python or any of the various anaconda species in the
wild in Florida, individual snakes have been sighted or even captured
there.
\3\Over the past 30 years, about one million snakes of the genus
Python have been imported into the United States, and current domestic
production of some species likely exceeds import levels.
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While the Southern Florida environment may be hospitable
for the pythons, the pythons have become a dominant predator,
wreaking havoc on the ecosystem. They have been known to grow
to 23 feet, can weigh up to 200 pounds, and consume animals
many times their size.
HARM TO ECOSYSTEM
According to a report issued by the U.S. Geological Survey
(USGS), several giant, non-native snake species would pose high
risks to the health of ecosystems in the United States should
they become more established.\4\ The report looked at the large
constrictor snakes increasingly found in southern Florida, and
examined the implications for the health of the environment,
parks, and wildlife refuges. Assessments were made with respect
to threats to ``at-risk'' species and to human safety, as well
as the ability to control the growth of the snake populations
and their spread to other areas of the country.
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\4\U.S. Department of the Interior, U.S. Geological Survey Report,
October 13, 2009, ``Giant Constrictors: Biological and Management
Profiles and an Establishment Risk Assessment for Nine Large Species of
Pythons, Anacondas, and the Boa Constrictor.''
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The USGS report details the risks of nine non-native
species of large constrictor snakes that are invasive or
potentially invasive in the United States: the Burmese Python,
the North African Python, the Reticulated Python, the Green
Anaconda, the South African Python, the Boa Constrictor, the
Beni Anaconda, the Yellow Anaconda and the DeSchaunensee's
Anaconda. All nine species share characteristics associated
with greater ecological risks and represent a medium or high
risk to our natural resources.
The high-risk species identified by the USGS report include
three of the species referenced in H.R. 2811--Burmese Python
and the African Rock Python, also known as Northern and
Southern African Pythons. The other two high-risk species
include Boa Constrictors and Yellow Anacondas. All five are
more common in trade and commerce than other species of snakes.
Medium-risk species include the Reticulated Python,
DeSchauensee's Anaconda, the Green Anaconda, and the Beni
Anaconda. These four species constitute lesser but still
potentially serious threats. The Reticulated Python, for
example, is the world's longest snake, and the Green Anaconda
is the heaviest snake. Both species have been found in the wild
in southern Florida, although breeding populations are not yet
confirmed.
Compounding the risk to native species and ecosystems,
these snakes mature early, produce large numbers of offspring,
travel long distances, and are difficult to detect in the wild.
They are also carriers of diseases and parasites that pose
significant risks to agriculture or wildlife, and have broad
diets that include most native birds, mammals, and other
reptiles. Most of these snakes can inhabit a variety of
habitats, and are tolerant of suburban and even urban areas.
The USGS report notes that there currently are no control
tools that are adequate for eradicating an established
population of giant snakes once they have spread over a large
area.
POTENTIAL HARM TO HUMANS
Since 1980, 12 people have been killed in the United States
by pet pythons, the most recent being a 2-year-old girl in
Florida who was killed by her family's 8-foot-long pet Burmese
Python. In 1999, another couple's 7.5-foot African Rock Python
escaped from an enclosure and killed their 3-year-old son.\5\
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\5\A Virginia Beach woman found dead by asphyxiation in October
2008 is believed to have been killed by a 13-foot-long pet Reticulted
Python owned by her and her husband.
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Some species of constrictors pose a small risk to people,
because they would not be large enough to consider a person as
suitable prey. However, mature snakes of the largest species--
Burmese, Reticulated, and Northern and Southern African
Pythons--have been documented as attacking and killing people
in the wild in their native range. While the snake most
associated with unprovoked human fatalities in the wild is the
Reticulated Python, recent articles in the National Geographic
News and The Christian Science Monitor also describe the
Northern and Southern African Pythons as having a ``meaner''
disposition and not likely to ever ``tame down.''\6\
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\6\Christian Science Monitor, September 14, 2009, ``Scientists
Worry That Two Species of Nonnative Pythons Now Near the Everglades
Could Breed, Yielding More Aggressive Offspring;'' National Geographic
News, September 14, 2009, `Python `Nightmare': New Giant Species
Invading Florida.''
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RANGE
USGS researchers used the best available science to
forecast areas of the country most at risk of invasion by these
giant snakes. Based on climate alone, many of the species would
be limited to the warmest areas of the United States, including
parts of Florida, extreme south Texas, Hawaii, and America's
tropical islands, such as Puerto Rico and Guam. For a few
species, however, larger areas of the continental United States
appear to exhibit suitable climatic conditions. For example,
much of the southern U.S. climatic conditions are similar to
those experienced by the Burmese Python in its native range.
However, many factors other than climate alone can influence
whether a species can establish a population in a particular
location.
The Fish and Wildlife Service and the National Park Service
will use the report to assist in further development of
management actions concerning the snakes when and where these
species appear in the wild. In addition, the risk assessment
will provide current, science-based information for management
authorities to evaluate prospective regulations that might
prevent further colonization by these snakes.
THE SNAKE TRADE
In response to the U.S. Fish & Wildlife Service's Notice of
Inquiry entitled, ``Injurious Wildlife Species: Review of
Information Concerning Constrictor Snakes from Python, Boa, and
Eunectes (Anaconda) Genera,'' the Pet Industry Joint Advisory
Council (PIJAC) estimates that in the U.S. there are
approximately 10 importers, 50 distributers, 5,100 retailers,
25 hobbyist show promoters hosting 350-400 reptile shows in the
U.S. annually, and 2,500-5,000 individual hobbyists that sell
Pythons, Boas, and Anacondas. PIJAC was unable to provide
annual sales figures for these three species, but indicates
prices ranging from approximately $100 to upwards of $25,000
per snake, depending on particular colors and locality-specific
varieties.
The exotic snake trade is further compounded by the variety
of dealers. Dealers can be wholesale or retail, can deal in
imported or U.S.-bred snakes, and can be established commercial
enterprises or private hobbyists who sell and trade for
supplemental income.
LEGISLATION
The Lacey Act bans importation and interstate transport of
certain animal species determined to be injurious to humans or
to agriculture, horticulture, forestry, or wildlife, in order
to prevent their introduction and establishment in the United
States.\7\ The statute specifically lists a number of species,
and gives the Secretary of the Interior authority to add others
by regulation. H.R. 2811 would add three python species to the
statutory list.\8\
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\7\18 U.S.C. Sec. 42.
\8\As introduced, H.R. 2811 would have extended the statutory ban
to the entire genus Python, which includes 47 species. During full
Committee markup, in consultation with Congressman Meek, the sponsor,
an amendment offered by Congressman Tom Rooney (R-FL) was adopted to
narrow the focus to the three species.
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The law, however, is not an outright ban on all
importation. 18 U.S.C. Sec. 42(a)(3) provides that the
Secretary of the Interior, upon ``a showing of responsibility
and continued protection of the public interest and health,
shall permit the importation for zoological, educational,
medical and scientific purposes of any mammals, birds, fish
(including mollusks and crustacea), amphibia, and reptiles, or
the offspring or eggs thereof, where such importation would be
prohibited otherwise by or pursuant to this Act, and this Act
shall not restrict importations by Federal agencies for their
own use.''
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held hearings on H.R. 2811 on November 6,
2009. Testimony was received from Rep. Kendrick Meek (D-FL).
Testimony was also received from Dan Ashe, Deputy Director of
the United States Fish and Wildlife Service; Andrew Wyatt,
President, United States Association of Reptile Keepers; Dr.
Elliot Jacobson, College of Veterinary Medicine, University of
Florida; Nancy Perry, Vice President, Government Affairs, The
Humane Society of the United States; and George Horne, Deputy
Executive Director, Operations and Maintenance, South Florida
Water Management District. Statements have been received from
Dr. Kenneth L. Krysko, Florida Museum of Natural History,
University of Florida, in support of the bill, and the Pet
Industry Joint Advisory Council (PIJAC) in opposition to the
bill. Ten herpetologists submitted a joint letter expressing
their reservations regarding the U. S. Geological Survey's
report. The U.S. Chamber of Commerce, the National Retail
Federation, and the Gourmet Rodent oppose H.R. 2811 in its
original, unamended form. A joint letter of suppport for H.R.
2811 was submitted by ten organizations: The Animal Welfare
Institute, Born Free USA, Defenders of Wildlife, Great Lakes
United, Humane Society Legislative Fund, Humane Society of the
United States, National Environmental Coalition on Invasive
Species, Natural Areas Association, Natural Resources Defense
Council, Nature Conservancy, Sierra Club, and the Union of
Concerned Scientists.
Committee Consideration
On July 28, 2009, the Subcommittee on Crime, Terrorism, and
Homeland Security met in open session and ordered the bill H.R.
2811 favorably reported, without amendment, by voice vote, a
quorum being present. On July 29, 2009, the Committee met in
open session and ordered bill H.R. 2811 favorably reported with
an amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with 3(b) of rule XIII of the Rules of the
House of Representatives, the Committee advises that there were
no recorded votes during the Committee's consideration of H.R.
2811.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 2811, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 9, 2009.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
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
CBO estimates that implementing H.R. 2811 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.
H.R. 2811 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 H.R. 2811 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 H.R. 2811
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 H.R. 2811, 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
certain snakes without a permit, the bill would impose
intergovernmental and private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA).
The cost to public and private entities eligible for
permits, such as zoos or research centers, would be the expense
of obtaining those permits. (USFWS regulations prohibit the
agency from charging permit fees to State, local, or tribal
entities. Fees for private entities would be $25 or $100
depending on the activity being authorized.) 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 no longer being
able to sell or transport the animals across State lines.
(According to the USFWS, exportation of the animals would be
allowed only from coastal or border States.)
Based on information about the cost of permits from the
USFWS, and information gathered from industry professionals
about the value of shipments, sales, and imports of snakes, CBO
estimates that the costs of the mandates would fall below the
annual thresholds established in UMRA for intergovernmental and
private-sector mandates ($69 million and $139 million in 2009,
respectively, adjusted annually for inflation).
The CBO staff contacts for this estimate are Mark Grabowicz
(for costs to the Federal justice system), Deborah Reis (for
USFWS), Melissa Merrell (for the impact on State, local, and
tribal governments), and Marin Randall (for the impact on the
private sector). The estimate was approved by Theresa Gullo,
Deputy Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
2811 is designed to restrict the importation and interstate
transportation of pythons unless specifically authorized by the
Secretary of the Interior for zoological, educational, medical,
or scientific purposes, or imported by Federal agencies for
their own use.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clauses 3 and 18 of
the Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 2811 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9 of Rule XXI.
Section-by-Section Analysis
Section 1. Importation or Shipment of Injurious Species.--
This section amends the first sentence of 18 U.S.C.
Sec. 42(a)(1) to include ``constrictor snakes of the species
Python genera'' among the species for which importation into
the United States and its territories and possessions is
specifically prohibited.
Jurisdictional Letters
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 3--ANIMALS, BIRDS, FISH, AND PLANTS
* * * * * * *
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 the
Burmese Python of the species Python molurus bivittatus; of the
African Rock Python of the species Python sebae; 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.
* * * * * * *