National Reptile & Amphibian Advisory Council Law News Blog

Planning for the second annual Reptile and Amphibian Law Symposium and Workshop to be held in Washington D.C. at the George Washington University Foggy Bottom Campus November 8-10, 2013 continues, with a second round of speaker invitations slated to go out next week.

Recent additions to the speaker and panelist lists include Priya Nanjappa, the Amphibian and Reptile Coordinator for the Association of Fish & Wildlife Agencies and one of the authors of the book "State of the Union: Legal Authority Over the Use of Native Amphibians and Reptiles in the United States." Priya will be representing both the AFWA and PARC (Partners in Amphibian and Reptile Conservation).

Also recently added is long-time reptile breeder Eugene Bessette of Ophiological Services in Florida, as well as Joni Scheftel, a veterinarian with the Minnesota Department of Health working on pet-related salmonella issues.

The 2013 law event is being co-hosted by The National Reptile and Amphibian Advisory Council (NRAAC), the Pet Industry Joint Advisory Council (PIJAC), the Association of Reptilian and Amphibian Veterinarians (ARAV), the Association of Zoos and Aquariums (AZA), and the George Washington School of Law (GWU), which has provided the use of their facilities to host the event.

The 2013 Symposium will include three days of lectures, panels, workshops, breakout sessions, and talks bringing together all parties interested in reptiles and amphibians and the law to discuss changes and issues with current and proposed reptile and amphibian laws, including regulations at the local, state, federal, and international levels. The event will also discuss topics such as pet ownership, trade, conservation, and their impact of reptiles and amphibians on the environment and the environment's impact on them.

This event is free and open to all parties with an interest in reptiles, amphibians, and the law, but due to space limitations, seating is limited to the first 200 registrants.

2013 Moderators, Panelists, and Speakers: Jeff Barringer - Founder kingsnake.com Craig Hoover - Chief, Branch of Operations, United States Fish & Wildlife Service Michael Canning - Pet Industry Joint Advisory Council Michael Maddox - Pet Industry Joint Advisory Council Steve Olson - Association of Zoos & Aquariums Wilbur B. Amand, VMD - Association of Reptilian and Amphibian Veterinarians Joan Schaffner - Associate Professor of Law, George Washington University Animal Law Phillip Goss - United States Association of Reptile Keepers Scott Hardin - Biologist, Pet Industry Joint Advisory Council Dr. Jennifer Wright - Center For Disease Control and Prevention Joni Scheftel, DVM - Minnesota Department of Health Ken Foose - President, International Herp Symposium, President, Southern Nevada Herp Society Cindy Steinle - Vice President, Chicago Herpetological Society, Owner, Small Scale Rescue Ty Park - Lasco Inc., Owner, Ty's Lizards Glen Jacobsen - Attorney, World Chelonian Trust, Minnesota Herp Society Marc Cantos - Florida Reptile Industry, Owner, The Turtle Source Doug Hotle - Curator of Herpetology, Albuquerque Biological Park Eugene Bessette - Florida Reptile Industry, Owner, Ophiological Services Priya Nanjappa - Association of Fish & Wildlife Agencies, Partners in Amphibian & Reptile Conservation More to be announced...

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For more information and to register online please go to http://www.nraac.org/symposium2013.html. Registration is free, but space at the 2013 event is limited to the first 200 registrants.

California Assembly Bill AB 339, set for an April 2nd hearing, lays out a series of regulations prohibiting the sales of live animals at flea markets and open air markets, that would essentially ban reptile shows and sales in the state. Introduced by Assembly Member Dickinson the bill would prohibit persons and businesses from selling or giving away live animals at events that meet the state's definition of a "swap meet".

According to Section 21661 of the Business and Professions Code the definition of “swap meet”:

21661. (a) As used in this article, the term "swap meet" includes a flea market or an open-air market and means an event at which two or more persons offer merchandise for sale or exchange and that meets one of the following conditions:

(1) A fee is charged for the privilege of offering or displaying merchandise for sale or exchange.

(2) A fee is charged to prospective buyers for parking or for admission to the area where merchandise is offered or displayed for sale or exchange.

(3) The event is held more than six times in any 12-month period.

(b) Notwithstanding subdivision (a), the term "swap meet," as used in this article, includes a flea market or an open-air market and means an event, regardless of the number of persons offering or displaying personal property or the absence of fees, at which used personal property is offered or displayed for sale or exchange if the event is held more than six times in any 12-month period.

All existing reptile shows in California would appear to fall under this definition.

To read the bill in it's entirety please visit http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB339.

The hearing is scheduled before the Assembly Committee on Public Safety for Tuesday, April 2nd at 9 a.m. in Room 126 of the State Capitol. Interested parties should attend the hearing to voice their opinion in person or should contact their State Assemblyman.

(Press Release)
U.S. Leads Efforts to Protect Freshwater Turtles and Tortoises at CITES-All Turtles Proposals were Approved.
(US Species- Blandings, Spotted and Diamondback Terrapins & 44 species of Asian Turtles)

(Bangkok, Thailand—8 March 2013) Several United States proposals to increase protections for freshwater turtles and tortoises under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) have been adopted today by member nations of the Treaty. CITES member nations, referred to as “Parties,” voted to increase protections for 44 species of Asian freshwater turtles and tortoises and three species of North American pond turtles.

“We are extremely heartened by today’s vote to give greater protection to these highly imperiled species,” said Bryan Arroyo, head of the U.S. delegation to the CITES 16th Meeting of the Conference of the Parties (CoP16). “More than half of the world’s freshwater turtles are threatened with extinction, yet they continue to be traded, unsustainably, for food, as pets, and in traditional medicines. We’ve taken a significant step forward today to begin managing that trade.”

The United States jointly submitted with China two proposals to increase CITES protection for a number of Asian softshell and hardshell turtle species. These proposals included new additions to the Appendices, “uplisting” species from Appendix II to Appendix I, and the setting of zero export quotas. These proposals were agreed by consensus with strong support voiced by range states, Thailand, Japan, India, Pakistan, Liberia, Indonesia, and non-range states, Guinea and Paraguay.

Proposals to transfer species from Appendix II to Appendix I were also agreed by consensus—a proposal for big-headed turtles, jointly submitted by the United States and Viet Nam, and a U.S. proposal for Burmese star tortoise. A proposal for the Roti Island snake-necked turtle was agreed by consensus after being amended to maintain the species on CITES Appendix II with a zero export quota in wild specimens—effectively banning international commercial trade in turtles taken from the wild.

“Freshwater turtles worldwide are in desperate need of conservation, and the outlook for Asian turtles is especially grim. We are committed to working with China and Viet Nam and other CITES member nations to ensure the survival of these species,” said Arroyo.

As Asian species have become increasingly depleted, trade patterns are shifting to species native to the United States. To address this growing problem, the United States proposed to list three native turtle species—the diamondback terrapin, spotted turtle, and Blanding’s turtle—in CITES Appendix II to manage the trade in a legal and sustainable manner. Canada, Senegal, and Ireland, on behalf of the 27 member states of the European Union and Croatia, among others, voiced strong support for these proposals before they were agreed by consensus.

Turtles are in serious trouble around the world. Increasingly, freshwater turtles are in danger, with over half of the world’s species threatened with extinction. Tortoises and freshwater turtles are the most threatened of any major group of terrestrial vertebrates – more than mammals, birds, or amphibians. They are being collected, traded, and utilized in overwhelming numbers. They are used for food, pets, and traditional medicine. Eggs, juveniles, adults, and body parts are all exploited with little regard for sustainability. In Asia, turtles are used primarily as food and in traditional medicine, although a growing pet trade across the region impacts a number of threatened species.
The global commerce in turtles in the last 20+ years has followed a well-known pattern in international wildlife trade – once a species is depleted or regulated, the trade shifts to other species that are not as threatened or are less regulated.

“We must address this issue by taking a broad scale approach to protecting freshwater turtles and tortoises. If we fail to consider these trade patterns, we risk the depletion of turtles and tortoises one species at a time,” said Arroyo.
CITES is an international agreement initiated in 1973 and is currently signed by 178 countries regulating global trade in imperiled wild animals and plants including their parts and products. A meeting of the Conference of the Parties is held every 2-3 years to review, discuss, and negotiate changes in the management and control of trade in the various wildlife species covered by the agreement.

Species protected by CITES are included in one of three appendices. Appendix I includes species threatened with extinction and provides the greatest level of protection, including restrictions on commercial trade. Appendix II includes species that, although currently not threatened with extinction, may become so without trade controls. Changes to Appendices I and II must be proposed at a CoP and agreed to by a two-thirds majority of the Parties present and voting. In contrast, listings to Appendix III can be requested by individual Parties at any time. Appendix III includes species protected by at least one country that needs assistance from other Parties to control trade.

For additional biological and trade information on freshwater turtles and tortoises, please visit http://www.fws.gov/international/cites/cop16/turtles-and-tortoises.html. To learn more about the Asian freshwater turtle and tortoise proposals that were submitted for consideration to CoP16, please refer to our fact sheet at http://www.fws.gov/international/cites/cop16/cop16-asian-turtle-proposals-factsheet.pdf.

The mission of the U.S. Fish and Wildlife Service is working with others to conserve, protect, and enhance fish, wildlife, plants, and their habitats for the continuing benefit of the American people. We are both a leader and trusted partner in fish and wildlife conservation, known for our scientific excellence, stewardship of lands and natural resources, dedicated professionals, and commitment to public service. Connect with our Facebook page at www.facebook.com/usfws, follow our tweets at www.twitter.com/usfwshq, watch our YouTube Channel at http://www.youtube.com/usfws and download photos from our Flickr page at http://www.flickr.com/photos/usfwshq.
FOR IMMEDIATE RELEASE:

Media Contact:
Bangkok, Thailand: Danielle Kessler
+66 (0) 81-750-4216
danielle_kessler@fws.gov

USA: Chris Tollefson
703-358-2222
chris_tollefson@fws.gov

Wisconsin's Department of Natural Resources plans to remove the Butler's garter snake from the state's protected species list, along with 15 other species of plants and animals, after a multi-year review of its status. From The Cap Times:

DNR zoologist Bill Smith says there are enough Bulter’s garter snakes to warrant removal from the threatened species list.

“There was a ton of data that we put through the grinder and we decided it wasn’t even close enough to be listed,” says Smith.

But some are taking issue with that assessment. Gary Casper, a herpetologist from West Bend, says the DNR refused to bring in any outside experts to the final process and is miscalculating how well the snake is surviving.

“It mystifies me why they are delisting,” says Casper. “I haven’t seen any evidence the snake has made any recovery that would warrant subjecting the population to more development.”

DNR endangered species spokeswoman Terrell Hyde says the department did involve Casper and others in meetings in 2010 and has followed policy. She also dismissed any claims that the move is politically motivated, noting the department had begun finalizing the new protected species list in 2009 — prior to Cathy Stepp, who owns a construction business, being named DNR secretary by Gov. Scott Walker.

“There was not any administrative interaction or directive to review any of the species on the list,” says Hyde. “This is all based on sound science.”

To read the whole article click here.

The second annual Reptile and Amphibian Law Symposium and Workshop will be held in Washington D.C. at the George Washington University Foggy Bottom Campus November 8-10, 2013.

The 2013 event is being co-hosted by The National Reptile and Amphibian Advisory Council (NRAAC), the Pet Industry Joint Advisory Council (PIJAC), the Association of Reptilian and Amphibian Veterinarians (ARAV), the Association of Zoos and Aquariums (AZA), and the George Washington School of Law (GWU), which has provided the use of their facilities to host the event.

The Foggy Bottom Campus sits in the heart of the nation’s capital, in a vibrant neighborhood bordered by the Potomac River, the Watergate complex, the White House and the State Department.

The 2013 Symposium will include three days of lectures, panels, workshops, breakout sessions, and talks bringing together all parties interested in reptiles and amphibians and the law to discuss changes and issues with current and proposed reptile and amphibian laws, including regulations at the local, state, federal, and international levels. The event will also discuss topics such as pet ownership, trade, conservation, and their impact of reptiles and amphibians on the environment and the environment's impact on them.

This event is free and open to all parties with an interest in reptiles, amphibians, and the law, but due to space limitations, seating is limited to the first 200 registrants.

2013 Moderators, Panelists, and Speakers: Jeff Barringer - Founder kingsnake.com Craig Hoover - Chief, Branch of Operations, United States Fish & Wildlife Service Michael Canning - Pet Industry Joint Advisory Council Michael Maddox - Pet Industry Joint Advisory Council Steve Olson - Association of Zoos & Aquariums Wilbur B. Amand, VMD - Association of Reptilian and Amphibian Veterinarians Joan Schaffner - Associate Professor of Law, George Washington University Animal Law Phillip Goss - United States Association of Reptile Keepers Scott Hardin - Biologist, Pet Industry Joint Advisory Council Dr. Jennifer Wright - Center For Disease Control and Prevention Joni Scheftel, DVM - Minnesota Department of Health Ken Foose - President, International Herp Symposium, President, Southern Nevada Herp Society Cindy Steinle - Vice President, Chicago Herpetological Society, Owner, Small Scale Rescue Ty Park - Lasco Inc., Owner, Ty's Lizards Glen Jacobsen - Attorney, World Chelonian Trust, Minnesota Herp Society Marc Cantos - Florida Reptile Industry, Owner, The Turtle Source Doug Hotle - Curator of Herpetology, Albuquerque Biological Park Eugene Bessette - Florida Reptile Industry, Owner, Ophiological Services More To Be Announced Shortly...

For more information and to register online please go to http://www.nraac.org/symposium2013.html. Space at the 2013 event is limited to the first 200 registrants.

The United States Fish & Wildlife Service was expected to release an economic analysis today estimating that costs for listing four Central Texas salamander species would be about $29 million over 23 years.

The Austin American Statesman reports that the listing would designate more than 6,000 acres of land in in Travis, Williamson, and Bell Counties as critical habitat for the Austin Blind, Jollyville Plateau, Georgetown, and Salado salamanders and would curtail development in those sensitive areas.

The listing is supported by the Austin City Council, but opposed by neighboring Williamson County officials and businesses. The areas impacted by the listings have been a hotbed for growth even through the economic downturn, and officials fear a listing could slow that growth.

The U.S. Fish & Wildlife Service will open a second public comment period through March 11 on the proposed listings, with a final decision due August 22. Initial comments were taken at a series of meetings held by FWS official in the Central Texas area in September. For more information on this proposal and how to your submit comments, go to www.fws.gov/southwest.

This year, 2013, marks the 40th anniversary of the Endangered Species Act. Signed into law by President Richard Nixon on December 28, 1973, the law was designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation."

The Act is administered by two federal agencies, the United States Fish and Wildlife Service and the National Oceanic and Atmospheric Administration. With both organizations facing criticism and lawsuits over slow review processes involving hundreds of species, including reptiles and amphibians, by organizations such as the Center for Biological Diversity, 2013 will likely prove to be a busy year for species in the ESA process.

Last year, 2012, was a record year for ESA proposals, and 2013 promises to be little different.

U.S. District Court Judge George Smith in Columbus has sided with the state in upholding a new law in Ohio that requires many exotic animals to microchipped and registered, and owners to be licensed.

Today's ruling said the court recognizes some businesses may be negatively affected and some owners may not be able to keep their beloved animals, but that the owners failed to prove constitutional rights were violated. Said an article published on the Huffington Post, "While the named Plaintiffs may be responsible dangerous wild animal owners, there are some that are not..."

The new Ohio law, enacted in the wake of the 2011 incident in Waynesville, Ohio, that left dozens of exotics dead, had been challenged in federal court by a group of pet owners impacted by the new law. Barring an appeal, Ohio's new regulations began on September 1 and are slated to be enacted over time until 2014. Current exotic owners will have to have the new state-issued permit by Jan. 1, 2014, leaving exotic pet owners few options and little time, to do other than comply.

Ohio's new law exempts animal sanctuaries, research institutions, and facilities accredited by groups such as the Association of Zoos and Aquariums and the Zoological Association of America.

According to a study released by the U.S. Department of the Interior's U.S. Geological Survey, Boa Constrictors have established a breeding population in Puerto Rico, one that appears to be spreading. The paper, released on November 29, states that in the last year alone more than 150 boas have been found in the wild on the island.

Authored by R. Graham Reynolds, Alberto R. Puente-Rolón, Liam J. Revell, as well as Robert N. Reed of the USGS -- who along with Gordon Rodda prepared a previous study on invasive pythons in Florida -- this research is the first to document a large constrictor species established in the United States or its territories outside of Florida.

"Experience has shown that island ecosystems are particularly vulnerable to snake invasions, and unfortunately Puerto Rico has no natural predators that can keep the numbers of these prolific, snakes in check," said USGS Director Marcia McNutt. "Humans were responsible for introducing this scourge to the island, and are the only hope for mitigating the problem before it is too late for the native species."

Though private ownership of boa constrictors and most other snake species is prohibited in Puerto Rico because of fears of non-native snakes becoming established, two snakes found some distance from the expanding Mayagüez population share genetic markers with that population, suggesting that people might be intentionally or unintentionally moving the snakes around the island. Such movement could potentially increase the rate of spread of this invasive snake. Because the snakes are secretive and difficult to spot, the researchers suspect the population size is large.

Download a copy of the study, "Genetic Analysis of a Novel Invasion of Puerto Rico by an Exotic Constricting Snake", for free from the USGS web site as a .PDF file by clicking here.

The International Union for Conservation of Nature (IUCN) has released a report on the international trade in python skins and its impact on pythons in the wild, raising concerns about the sustainability of many species. According to the study, close to half a million python skins are exported from South-East Asia annually, with the skins primarily destined for the fashion houses of Europe.

The report, Trade in South-East Asian Python Skins, was released by the International Trade Centre (ITC), in co-operation with the IUCN and TRAFFIC, a joint program of the IUCN and WWF. It reveals that the trade in python skins is currently worth an estimated US $1 billion annually.

“The report shows that problems of illegality persist in the trade in python skins and that this can threaten species’ survival,” says Alexander Kasterine, Head of ITC’s Trade and Environment Programme. “The fashion and leather industry has a stronger role to play in supporting the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) and the developing countries to ensure supply is legal and sustainable.

To download a PDF of the study, please visit the ITC website.

Photo: IUCN Boa and Python Specialist Group (BPSG)

One of the resources referenced repeatedly at the 2012 National Reptile and Amphibian Law Summit in Houston is the book State of the Union: Legal Authority Over the Use of Native Amphibians and Reptiles in the United States.

The book is a direct result of a reptile and amphibian regulatory summit held in November 2009 by the Reptile and Amphibian Subcommittee and Law Enforcement Committee of the Association of Fish & Wildlife Agencies. Editors Priya Nanjappa and Paulette M. Conrad have taken on the monumental task of assembling a guide to the laws in 49* states regarding native herps.

"The Association recognizes that amphibians and reptiles are the focus of a user community that in general, supports the protection, persistence, and sustainable use of amphibians and reptiles. However, the Association is also increasingly aware of large-scale uses, both legal and illegal, that could threaten wild populations .... The purpose of this report is to determine the current "State of the Union" with laws and regulations in place for native amphibians and reptiles..."

This ebook is a must have for any business or serious hobbyist, researcher, field herper, or anyone else breeding, working with, studying, or keeping native herpetofauna. At less than 9 MB, it's small enough to fit on any device that will read Adobe Acrobat files, whether it's a PC, iPad, Kindle, or other device, and it provides a state-by-state breakdown of native amphibian and reptile laws and regulations, plus a variety of appendices that serve as quick look up guides.

The report was produced and published as a book and a downloadable eBook in February 2012, so it's fairly current. However, as with all books on laws and regulations, it's always best to double check with your state wildlife agency for any updates. This full color eBook is available as a free download on the Association of Fish & Wildlife Agencies' website in Adobe Acrobat (PDF) format, or by clicking on the book image to the right.

* Hawaii is not included as it only has Sea Turtles, which are federally protected, and one sea snake.

Looking for more info from this year's reptile law symposium?

The full color program from the 2012 National Reptile and Amphibian Law Symposium is now available for download in Adobe Acrobat (PDF) format. The same program that was handed out to participants at the 2012 event in Houston, this document gives an overview of the event and biographies of the panelists and presenters from the various agencies and organizations represented. It makes a good guide when listening to the downloadable audio files of the presentations and discussions also available on site.

To download your copy go here, or click on the program image to the right.

For a complete list of all the media currently available from the 2012 Symposium, please click here.

We will continue to post media from the 2012 event as it becomes available, so make sure to check the NRAAC site regularly for updates and media releases.

Didn't make it to the 2012 Reptile and Amphibian Law Symposium in Houston last month? Want to catch up on sessions you missed? Now you can download audio tracks and PowerPoint presentations from the Symposium, free!

A complete list of available audio files of Symposium discussions and PDFs of the PowerPoint presentations, as well as of the participating panelists, is below.