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Boa Boy Roy
Join Date: Mar-2011
Location: Aniwa, Wisconsin
Age: 51
Posts: 2,138
Country: 
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State and Federal Law Symposium **Very, very long.**
Hey everyone,
This is information you'll find to be very important, as it affects YOU directly. Below you'll find a series of very interesting facts presented at the DuPage County Bar Association Animal Law Committee Symposium held recently in Wheaton, IL covering local and federal exotic animal legislation.
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Hosted by USARK President Andrew Wyatt and Erika N, Chen-Walsh, Esq., the meeting presented a ton of facts that I think you'll find as interesting as I did. So, grab a beverage of your choice (or two), and a snack. Sit back, relax, learn and most importantly, share! The "Problem" The animal rights industry (AR) has reported statistical information regarding the danger of reptiles that is quite exaggerated. Reports call constrictor snakes "high risk, deadly predators," claiming they are second only to large cats when it comes to exotic animals causing human death. They use false, often inflammatory rhetoric to scare the public and hide the intended meaning of the facts, e.g. "Pythons are hiding in toilets, or attacking children enjoying themselves outside. The AR claims that local and federal laws do not go far enough to protect people and allow most anyone to own a "dangerous" herp. Incidents in Illinois Since 1978, Illinois has reported only a single reptile-related death, which occurred in 1999. The Facts
The American Pet Products Association (APPA) reported in 2011 there were 13 million reptiles living as pets in this country. The Humane Society of the United States (HSUS) states there have been 17 deaths caused by constrictor snakes in this country since 1978. This is out of 1,111,768 herps imported since 1977. (Constrictors bred in captivity are not included in this figure.) According to these figures, there is less than 0.001% chance of being killed by any constrictor, or fewer than one (1) each year. Each recorded case falls into the realm of occupational hazards, in which no members of the public were killed. Since 1990, only one (1) was caused by all other types of reptiles combined. A case of salmonella contracted from a green iguana was to blame. Georgetown Economics Services announced the reptile business is a $1.4 billion industry that generates $25 million annually for the Illinois economy alone.
The Risk Factor Reptiles vs. Sand Holes:
From 1990-2006, there were 16 deaths caused by sand hole collapses in the US. From 1990-2006, 14 deaths were reportedly caused by reptiles.
Reptiles vs. Dog Bites:
From 2001-2010, 263 people were killed from dog bites. From 2001-2010, 11 people were killed by reptiles.
Reptiles vs. Clothes Dryers:
Each year in this country, clothes dryers cause an average of about 15 deaths. In this same time frame, the death rate caused by reptiles is less than 1.
Reptiles vs. Vending Machines:
In the years between 1978-1995, 37 people were killed by vending machines in this country. Between 1990-2011, only 17 deaths were caused by reptiles.
Not all the same:
There are measures being taken that seek to regulate exotic animals as a whole. This includes everything from hamsters to primates. This is not realistic, as the species differ so greatly. Birds, reptiles and mammals have very different husbandry including diet, housing, humidity and enclosures. One animal does not pose the same risk as the next. A python for example, can can slither about at only one (1) mile-per-hour. This pales in comparison the the walking speed of a human.
Worries: * Public Health and Safety (The risk of life-threatening or lethal injury do members of the public outside the facility where the animals are housed): - Reptile-born Salmonellis. (The only disease that can be transferred from reptile to humans) - The CDC and USDA report 87% of all salmonella cases are food-related. - 3% are derived from pets. (All pets) - The CDC also reports <0.001% of cases are directly related to reptiles. - The risk of salmonella from any origination can be abated with basic hygiene such as washing your hands. - According to the American Pet Products Association (APPA), 13 million reptiles are in captivity outside of zoos, research facilities and museums. - In approximately the last 50 years, no member of the general public has been killed by a captive reptile outside of its housing facility. * Animal Welfare: - Since 1990, The Animal Abuse Database indicates only 7 cases of neglect or abuse involving reptiles: * Two (2) misdemeanor cruelty cases * Three (3) hoarding cases * One (1) failure to have a USDA licence; and * One unlawful possession case - Neither neglect nor abuse has been a part of Illinois history. * Agricultural Risk: - Other than limited reports of parasites on herps that have been imported, never has there been a discernible risk from captive-bred herps to cattle. * Environmental Risks: - There have been no cases of pathogens being passed from reptiles to animals in the wild. - 90% of all herps in the trade are from tropical regions of the world. Only 10% are native to this country. - Since our low temperatures here in Illinois are lethal to tropical animals, the cannot survive in the wild here. The Animal Welfare Act: 7 USC 2131 et seq. - The defenition of "animal" is "Any live or dead dog, cat, monkey (non-human primate mammal) guinea pig, hamster, rabbit, or such other warm-blooded animal, as the Secretary may determine is being used, or is indended for use, for experimanation, research, testing or exhibition purposes, or as a pet. - Cold-blooded animals are not part of the definition of "animal" pursuant to the Federal AWA. The Lacey Act: In 1900, many game species in the United States were threatened by illegal commercial hunting. The Act originally was indeded for fame and wild bird preservation, which made it a federal crime to poach game for one state for the finanial game of the bounty in another. Transportaton of illegally captured or prohibited animals across stated lines became banned. Potential problems caused by introducing non-native species into native habitat were also addressed. The Lacey Act became the first federal law indended to protect wildlife. Today, it is generally used as the end-all-be-all solution to resolving issues caused by non-native species. -The US Fish & Wildlife Service added the African Rock and Burmese Python, along with the Yellow Anaconda to the "Injurious Wildlife" list of this Act. - The Lacey Act also made it a felony to import or transfer these animals across state lines. - The precedent was set to ban animals widely held by the American public, - This amendment is based solely on contentious "science." - Economic impact was dramatically underestimated the economic impact of $1.4 billion dollars annually. - Quality standards mandated by the Information Quality Act were not met. The term "Climate match" refers to parts of the continental United States are climatically suitable for invasive, non-native pythons to spread from Florida's Everglades National Park Concerns about the "science":
The charge that Burmese pythons can live throughout the bottom third of the coutry was erroneously based on the average temperatures of the region, not the extremes. Data points published in the study were falsified and not within the data set. Scientists around the world widely condemn these findings, influcing those from the University of Florida, National Geographic Society and the Thailand National Natural History Museum. Michael Cota, a researcher for the Thailand National Natural History Museum is quoted as questioning " With a 60% error rate for just one country (Thailand), how many imaginary data sets were used for these reports?"
Giant Constrictors; Management and Biological Profiles and a Risk Assessment for Nine Species of pythons, anacondas and the Boa constrictor:
The Constrictor Report was internally generated, that was neither published in a scientific journal, nor reviewed by peers within the industry. The Report based its information on a Climate Matce that was inaccurate and falsified. It was stated in a letter to the US Senate Environmental and Public Works Committee from the University of Florida, National Geographic Society and the Texas A&M University among others the Report was "not scientific" and "not suitable as the basis for regulatory or legislative policy decisions." In response to USARK's challenge of the Information Qualiy Act, it is stated "This document was not designated by the USGS as a influential scientific document.
The Reality of the Burmese Python:
The body body of evidence that contradicts directly the conclusions of the Constrictor Report is continuously growing. The Burmese pythons are neither morphologically nor phiosologically capable of surviving in the low temperatures that are commonly reached not only in the areas north of the affected tri-county area but also in the subtropical areas of Florida. The Florida Fish & Wildlife Conservation Commission hypothesizes that 80% or more of the non-native pythons in south Florida parrished during the winters of 2009 and 2010.
Extermination
To date, the USDA has been prohibited from entering Everglades National Park by the Department of Interior. Since the feral Burmese python population crashed in 2009 and 2010, their biggest threat to survival remains local weather conditions. The environment in the Everglades is very poor, similar to that of a desert, with very little food to offer land-based animals. The top predator in this region is the alligator, whose diet consists of 80% snakes, Undoubtedly, population of feral Burmese python is greatly pressured by these crocodilians.
Challenges yet to come:
The FWS Final Rule has only been partially enacted at this time. Five (5) of the nine (9) constrictors that were initially targeted have not been listed, but remain considered for the Lacey Act. Broader questions loom as to the authority and scope of this Act, pertaining to the integrity of the filing of the changes and remain reviewable in a court of law.
HR 511:
The purpose of this pending federal issue is to legally bypass the process of making rules. The backers of HR 511 are trying to add nine (9) additional constricting snakes to the Lacey Act's "Injurious Wildlife" list. This proposed amendment is currently in the hands of the 112th Congress and was passed out of the US House Judiciary Committee editorial hearing in February, 2012. HR 511 will most likely be revisited by the US House Natural Resource Committee with a possible hearing, when Congress reconvenes business after the November elections.
Illinois Dangerous Animal Act: 720 ILCS 585 et seq.
The term "dangerous animal" pertains to a leopard, tiger, lion, mountain lion, bobcat, bear, lynx, margay, cheetah, ocelot, jaguar, wolf, hyena or coyote, or any venomous or life-threatening reptile. "Primate" is defined as a non-human member of the order primate, including but not limited to gorilla, orangutan, monkey, lemur, aye-aye, bonobo, loris, tarsier or gibbon.
Exceptions to this Act include federally licensed exhibits, veterinary hospitals, zoological parks, hound running areas, circuses, research labs, or animal refuge compounds contained in secure, escape-proof enclosures.
People v. Fabing: 143 Ill.2d 48, 570N.E.2d 329, 155 Ill.Dec. 819
Officials intended animals that are non-venomous as well as venomous to the list of life-threatening animals, Animals which may attack humans and are capable of killing them (within reason) should an attack occur, are considered "life threatening." The temperament of specific herps is not considered in determining the danger of an animal. Burmese pythons longer than 15' fit the description of "life threatening" under the Dangerous Animal Act. The scope of the Act was too ambiguous cryptic to allow conviction for the possession of 7' Boa constrictor, as it was too small to be considered life threatening.
SB 3264:
In its original format submitted in 2012, it greatly embellished upon the definition of "wild animals" which now included species from servals and Colorado River toads to centipedes and fruit bats. Additional species can be added upon administrative rule, without due legislative process. Law enforcement would have the power to classify any individual animal as "dangerous" even if not included on the dangerous wild animal list.
The status of SB 3264 is delayed for the spring 2012 session and will likely be revisited in the spring of 2013.
The Value of snakes:
As for mythological symbols, the snake is widely known as one of the oldest. Snakes have appeared on art works since the angry uraeus snake in Egyption pharaonic imagery (i.e. the mask of King Tutankhamun, c. 1327 BCE). RIchard Avedon's modern photo of Nastassja Kinski and the Serpent from the 1980's is still know as a pop icon.
- Snakes for Medicinal Use:
Medicinal use of snakes include treatment for:
* Hemorrhoids * Eye Infections * Post Polio Syndrome * Sore Throats
In October 2012, the journal Nature reported that the venom from the Malayan pit viper to be a pain killer as effective as morphine, and presents no side effects.
Snake venom is currently in use for experimental purposes as treatment for:
* HIV * Lou Gehrig's Disease and multiple other autoimmune disorders * Breaking blood clots in treatment of stroke victims * Breast cancer * Snake venom is also used on commercially sold wrinkle cream.
Snakes in Peril:
Snakes suffer from habitat destruction and are targeted for affliction and strong public hatred. Conservation efforts for these animals is often overlooked. Reptiles and mammals do not induce the same public sympathy as do mammals or other furry creatures. Environments rely upon these animals to remain livable and are key indicators as to the status of the health of their habitat. As a conservation tool, captive breeding is crucial. One possibility for the future of these animals is the dependence upon humans to maintain the levels needed to avoid distinction. Herpetoculture is described as the captive breeding of reptiles and amphibians. This community has a great start for the conservation of many species of reptiles and amphibians. Species survival greatly depends upon the continued efforts of those in the field. Legislation founded upon unfounded science can be disastrous to biodiversity. Radical agendas seek "total animal liberation" and end the ability to keep reptiles as pets. All this simply based upon untruths and fright.
Thank you for reading. Please share and comment if you would like.
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"The question is do we allow the government to take our property rights away from us based on unfounded manipulations from a special interest group?" ~ Erika N. Chen-Walsh, President, U.S. Help Alliance
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