This morning a joint press conference was held by Senator Bill Nelson of Florida, Interior Dept Director, Ken Salazar; and US Fish & Wildlife Service Director Dan Ashe at Everglades National Park (ENP) to make an Everglades conservation and preservation announcement. It was made public that a final rule would be enacted by FWS potentially restricting trade in 9 constricting snakes. Although there had been no word from FWS or White House oversight officials prior to the press conference, Andrew Wyatt CEO USARK, learned of a “rumor” on the “HILL” that there would be an announcement regarding the Constrictor Listing; a listing of 9 constricting snakes to the Injurious Wildlife list of the Lacey Act. This is an action that could destroy $104 million per year in small business while potentially making more than 1 million Americans into Lacey Act felons. This action has now come to pass; albeit in a more limited fashion than was pushed by FWS and the powerful environmental and animal rights lobby. 

As of now the Constrictor Rule, when enacted, will BAN the IMPORT and INTERSTATE TRANSPORT of the following 4 species: Burmese python, Northern African python, Southern African python and yellow anaconda.

USARK will be making further announcements regarding potential legal remedy to the flagrant disregard for “science”, due process, or information quality standards by FWS and the Obama Administration.  This is a clear example of policy being based on staff preference combined with political considerations, rather than clear science and due process. The FWS failed at every level to make a solid case for justifying a Lacey Act listing. How the White House can justify this train wreck of a rule to pass is a mystery. In the opinion of USARK the actions of FWS are arbitrary, capricious and unlawful. That is not a charge that is unfamiliar to FWS. In 2010 FWS scientists were found guilty of falsifying information to manufacture science to support a rule on the Delta Smelt in the Central Valley of California. FWS was found guilty of being “arbitrary, capricious and unlawful" in their effort to add the controversial fish to the Endangered Species Act. USARK will pursue available legal remedy to this travesty of justice and blatant misuse of the Lacey Act. The Lacey Act was the wrong tool for the wrong reason.