Injurious Wildlife Species; Listing the Boa Constrictor, Four Python Species, and Four Anaconda Species as Injurious Reptiles, 11808-11829 [2010-4956]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Proposed Rules]
[Pages 11808-11829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4956]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 16

RIN 1018-AV68
[FWS-R9-FHC-2008-0015]
[94140-1342-0000-N3]


Injurious Wildlife Species; Listing the Boa Constrictor, Four 
Python Species, and Four Anaconda Species as Injurious Reptiles

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; availability of draft environmental assessment 
and draft economic analysis.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to amend 
its regulations to add Indian python (Python molurus, including Burmese 
python Python molurus bivittatus), reticulated python (Broghammerus 
reticulatus or Python reticulatus), Northern African python (Python 
sebae), Southern African python (Python natalensis), boa constrictor 
(Boa constrictor), yellow anaconda (Eunectes notaeus), DeSchauensee's 
anaconda (Eunectes deschauenseei), green anaconda (Eunectes murinus), 
and Beni anaconda (Eunectes beniensis) to the list of injurious 
reptiles. This listing would prohibit the importation of any live 
animal, gamete, viable egg, or hybrid of these nine constrictor snakes 
into the United States, except as specifically authorized. The best 
available information indicates that this action is necessary to 
protect the interests of humans, wildlife, and wildlife resources from 
the purposeful or accidental introduction and subsequent establishment 
of these large constrictor snake populations into ecosystems of the 
United States. If the proposed rule is made final, live snakes, 
gametes, or hybrids of the nine species or their viable eggs could be 
imported only by permit for scientific, medical, educational, or 
zoological purposes, or without a permit by Federal agencies solely for 
their own use. The proposed rule, if made final, would also prohibit 
any interstate transportation of live snakes, gametes, viable eggs, or 
hybrids of the nine species currently held in the United States. If the 
proposed rule is made final, interstate transportation could be 
authorized for scientific, medical, educational, or zoological 
purposes.

DATES: We will consider comments we receive on or before May 11, 2010.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments to Docket No. FWS-R9-
FHC-2008-0015.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: Docket No. FWS-R9-FHC-2008-0015; Division of Policy and 
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax 
Drive, Suite 222; Arlington, VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
https://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments section 
below for more information).

FOR FURTHER INFORMATION CONTACT: Supervisor, South Florida Ecological 
Services Office, U.S. Fish and Wildlife Service, 1339 20\th\ Street, 
Vero Beach, FL 32960-3559; telephone 772-562-3909 ext. 256. If you use 
a telecommunications device for the deaf (TDD), please call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Previous Federal Action

    On June 23, 2006, the Service received a petition from the South 
Florida Water Management District (District) requesting that Burmese 
pythons be considered for inclusion in the injurious wildlife 
regulations under the Lacey Act (18 U.S.C. 42). The District is 
concerned about the number of Burmese pythons found in Florida, 
particularly in Everglades National Park and on the District's 
widespread property in South Florida.
    The Service published a notice of inquiry in the Federal Register 
(73 FR 5784; January 31, 2008) soliciting available biological, 
economic, and other information and data on the Python, Boa, and 
Eunectes genera for possible addition to the list of injurious wildlife 
under the Lacey Act and provided a 90-day public comment period. The 
Service received 1,528 comments during the public comment period that 
closed April 30, 2008. We reviewed all comments received for 
substantive issues and information regarding the injurious nature of 
species in the Python, Boa, and Eunectes genera. Of the 1,528 comments, 
115

[[Page 11809]]

provided economic, ecological, and other data responsive to 10 specific 
questions in the notice of inquiry. Most individuals submitting 
comments responded to the notice of inquiry as though it was a proposed 
rule to list constrictor snakes in the Python, Boa, and Eunectes genera 
as injurious under the Lacey Act. As a result, most comments expressed 
either opposition or support for listing the large constrictor snakes 
species and did not provide substantive information. We considered the 
information provided in the 115 applicable comments in the preparation 
of the draft environmental assessment, draft economic analysis, and 
this proposed rule.
    For the injurious wildlife evaluation in this proposed rule, we 
considered: (1) The substantive information that we received during the 
notice of inquiry, (2) information from the United States Geological 
Survey's (USGS) ``Giant Constrictors: Biological and Management 
Profiles and an Establishment Risk Assessment for Nine Large Species of 
Pythons, Anacondas, and the Boa Constrictor'' (Reed and Rodda 2009), 
and (3) the latest findings regarding the nine large constrictor snakes 
in Florida and the Commonwealth of Puerto Rico. The USGS's risk 
assessment (Reed and Rodda 2009) can be viewed at the following web 
sites: https://www.regulations.gov under Docket No. FWS-R9-FHC-2008-0015 
and https://www.fort.usgs.gov/Products/Publications/pub_abstract.asp?PubID=22691. Reed and Rodda (2009) provided the primary 
biological, management, and risk information for this proposed rule. 
The risk assessment was prepared at the request of the Service and the 
National Park Service.

Background

Purpose of Listing as Injurious
    The purpose of listing the Indian python (Python molurus, including 
Burmese python P. molurus bivittatus), reticulated python (Broghammerus 
reticulatus or Python reticulatus), Northern African python (Python 
sebae), Southern African python (Python natalensis), boa constrictor 
(Boa constrictor), yellow anaconda (Eunectes notaeus), DeSchauensee's 
anaconda (Eunectes deschauenseei), green anaconda (Eunectes murinus), 
and Beni anaconda (Eunectes beniensis) (hereafter, collectively the 
nine constrictor snakes) as injurious wildlife would be to prevent the 
accidental or intentional introduction of and the possible subsequent 
establishment of populations of these snakes in the wild in the United 
States.
Why the Nine Species Were Selected for Consideration as Injurious 
Species
    The four true giants (with maximum lengths well exceeding 6 m [20 
ft]) are the Indian python, Northern African python, reticulated 
python, and green anaconda; they are prevalent in international trade. 
The boa constrictor is large, prevalent in international trade, and 
already established in South Florida. The Southern African python, 
yellow anaconda, DeSchauensee's anaconda, and Beni anaconda exhibit 
many of the same biological characteristics as the previous five 
species that pose a risk of establishment and negative effects in the 
United States. The Service is striving to prevent the introduction and 
establishment of all nine species into new areas of the United States 
due to concerns about the injurious effects of all nine species 
consistent with 18 U.S.C. 42.
Need for the Proposed Rule
    The threat posed by the Indian python (including Burmese python) 
and other large constrictor snakes is evident. Thousands of Indian 
pythons (including Burmese pythons) are now breeding in the Everglades 
and threaten many imperiled species and other wildlife. In addition, 
other species of large constrictors are or may be breeding in South 
Florida, including boa constrictors and Northern African pythons. 
Reticulated pythons, yellow anacondas, and green anacondas have also 
been reported in the wild in Florida. Indian pythons (including Burmese 
pythons), reticulated pythons, African pythons, boa constrictors, and 
yellow anacondas have been reported in the wild in Puerto Rico. The 
Southern African python, yellow anaconda, DeSchauensee's anaconda, and 
Beni anaconda exhibit many of the same biological characteristics as 
the previous five species that pose a risk of establishment and 
negative effects in the United States.
    The USGS risk assessment used a method called ``climate matching'' 
to estimate those areas of the United States exhibiting climates 
similar to those experienced by the species in their respective native 
ranges (Reed and Rodda 2009). Considerable uncertainties exist about 
the native range limits of many of the giant constrictors, and a myriad 
of factors other than climate can influence whether a species could 
establish a population in a particular location. While we acknowledge 
this uncertainty, these tools also serve as a useful predictor to 
identify vulnerable ecosystems at risk from injurious wildlife prior to 
the species actually becoming established (Lodge et al. 2006). Based on 
climate alone, many species of large constrictors are likely to be 
limited to the warmest areas of the United States, including parts of 
Florida, extreme south Texas, Hawaii, and insular territories. For a 
few species, large areas of the continental United States appear to 
have suitable climatic conditions. There is a high probability that 
large constrictors would establish populations in the wild within their 
respective thermal and precipitation limits due to common life-history 
traits that make them successful invaders, such as being habitat 
generalists that are tolerant of urbanization and capable of feeding on 
a wide range of size-appropriate vertebrates (reptiles, mammals, birds, 
amphibians, and fish; Reed and Rodda 2009). While a few of the largest 
species have been known to attack humans in their native ranges, such 
attacks appear to be rare.
    Of the nine large constrictor snakes assessed by Reed and Rodda 
(2009), five were shown to pose a high risk to the health of the 
ecosystem, including the Indian python or Burmese python, Northern 
African python, Southern African python, yellow anaconda, and boa 
constrictor. The remaining four large constrictors--the reticulated 
python, green anaconda, Beni anaconda, and DeSchauensee's anaconda--
were shown to pose a medium risk. None of the large constrictors that 
were assessed was classified as low risk. As compared to many other 
vertebrates, large constrictors pose a relatively high risk for being 
injurious. They are highly adaptable to new environments and 
opportunistic in expanding their geographic range. Furthermore, since 
they are a novel, top predator, they can threaten the stability of 
native ecosystems by altering the ecosystem's form, function, and 
structure.
    Most of these nine species are cryptically marked, which makes them 
difficult to detect in the field, complicating efforts to identify the 
range of populations or deplete populations through visual searching 
and removal of individuals. There are currently no tools available that 
would appear adequate for eradication of an established population of 
giant snakes once they have spread over a large area.
Listing Process
    The regulations contained in 50 CFR part 16 implement the Lacey Act 
(Act; 18 U.S.C. 42) as amended. Under the terms of the Act, the 
Secretary of the Interior is authorized to prescribe by

[[Page 11810]]

regulation those wild mammals, wild birds, fish, mollusks, crustaceans, 
amphibians, reptiles, and the offspring or eggs of any of the foregoing 
that are injurious to humans, to the interests of agriculture, 
horticulture, or forestry, or to the wildlife or wildlife resources of 
the United States. The lists of injurious wildlife species are found at 
50 CFR 16.11-16.15.
    We are evaluating each of the nine species of constrictor snakes 
individually and will list only those species that we determine to be 
injurious. If we determine that any or all of the nine constrictor 
snakes in this proposed rule are injurious, then, as with all listed 
injurious animals, their importation into, or transportation between, 
the States, the District of Columbia, the Commonwealth of Puerto Rico, 
or any territory or possession of the United States by any means 
whatsoever is prohibited, except by permit for zoological, educational, 
medical, or scientific purposes (in accordance with permit regulations 
at 50 CFR 16.22), or by Federal agencies without a permit solely for 
their own use, upon filing a written declaration with the District 
Director of Customs and the U.S. Fish and Wildlife Service Inspector at 
the port of entry. The rule would not prohibit intrastate transport of 
the listed constrictor snake species within States. Any regulations 
pertaining to the transport or use of these species within a particular 
State would continue to be the responsibility of that State.
    The Lacey Act Evaluation Criteria are used as a guide to evaluate 
whether a species does or does not qualify as injurious under the Act. 
The analysis developed using the criteria serves as a basis for the 
Service's regulatory decision regarding injurious wildlife species 
listings. A species does not have to be established, currently 
imported, or present in the wild in the United States for the Service 
to list it as injurious. The objective of such a listing would be to 
prevent that species' importation and likely establishment in the wild, 
thereby preventing injurious effects consistent with 18 U.S.C. 42.
    If the data indicate that a species is injurious, a proposed rule 
will be developed. The proposed rule provides the public with a period 
to comment on the proposed listing and associated documents.
    If a determination is made to not finalize the listing, the Service 
will publish a notice in the Federal Register explaining why the 
species is not added to the list of injurious wildlife. If a 
determination is made to list a species as injurious after evaluating 
the comments received during the proposed rule's comment period, a 
final rule would be published. The final rule contains responses to 
comments received on the proposed rule, states the final decision, and 
provides the justification for that decision. If listed, species 
determined to be injurious will be codified in the Code of Federal 
Regulations.
Introduction Pathways for Large Constrictor Snakes
    The primary pathway for the entry of the nine constrictor snakes 
into the United States is the commercial trade in pets. The main ports 
of entry for imports are Miami, Los Angeles, Baltimore, Dallas-Ft. 
Worth, Detroit, Chicago, and San Francisco. From there, many of the 
live snakes are transported to animal dealers, who then transport the 
snakes to pet retailers. Large constrictor snakes are also bred in the 
United States and sold within the country.
    A typical pathway of a large constrictor snake includes a pet 
store. Often, a person will purchase a hatchling snake (0.5 meters (m) 
[(22 inches (in)]) at a pet store or reptile show for as little as $35. 
The hatchling grows rapidly, even when fed conservatively, so a strong 
snake-proof enclosure is necessary. All snakes are adept at escaping, 
and pythons are especially powerful when it comes to breaking out of 
cages. In captivity, they are fed pre-killed mice, rats, rabbits, and 
chickens. A tub of fresh water is needed for the snake to drink and 
soak in. As the snake grows too big for a tub in its enclosure, the 
snake will have to be bathed in a bathtub. Under captive conditions, 
pythons will grow very fast. An Indian python, for example, will grow 
to more than 20 feet long, weigh 200 pounds, live more than 25 years, 
and must be fed rabbits and the like.
    Owning a giant snake is a difficult, long-term, somewhat expensive 
responsibility. For this reason, many snakes are released by their 
owners into the wild when they can no longer care for them, and other 
snakes escape from inadequate enclosures. This is a common pathway to 
invading the ecosystem by large constrictor snakes (Fujisaki et al. 
2009).
    In aggregate, the trade in giant constrictors is significant. From 
1999 to 2008, more than 1.8 million live constrictor snakes of 12 
species were imported into the United States (U.S. Fish and Wildlife 
Service 2010). Of all the constrictor snake species imported into the 
United States, the selection of nine constrictor snakes for evaluation 
as injurious wildlife was based on concern over the giant size of these 
particular snakes combined with their quantity in international trade. 
The four largest species of snakes--Indian python, Northern African 
python, reticulated python, and green anaconda--were selected, as well 
as similar and closely related species, and the boa constrictor. These 
giant constrictor snakes constitute a high risk of injuriousness in 
relation to those taxa with lower trade volumes, are large in size with 
maximum lengths exceeding 6 m (20 ft), and have a high likelihood of 
establishment in various habitats of the United States. The Southern 
African python, yellow anaconda, DeSchauensee's anaconda, and Beni 
anaconda exhibit many of the same biological characteristics as the 
previous five species that pose a risk of establishment and negative 
effects in the United States.
    By far the strongest factor influencing the chances of these large 
constrictors establishing in the wild is the number of release events 
and the numbers of individuals released. With a sufficient number of 
either unintentional or intentional release events, these species will 
establish in ecosystems with suitable conditions for survival and 
reproduction. This is likely the case at Everglades National Park, 
where the core nonnative Burmese python population in Florida is now 
located. Therefore, allowing unregulated importation and interstate 
transport of these exotic species will increase the risk of these new 
species becoming established through increased opportunities for 
release. A second factor that is strongly and consistently associated 
with the success of an invasive species' establishment is a history of 
it successfully establishing elsewhere outside its native range. For 
example, in addition to the established Indian (including Burmese) 
python population in Florida, we now know that boa constrictors are 
established at the Deering Estate at Cutler preserve in South Florida, 
and the Northern African python is established west of Miami, Florida, 
in the vicinity known as the Bird Drive Basin Recharge Area. A third 
factor strongly associated with establishment success is having a good 
climate or habitat match between where the species naturally occurs and 
where it is introduced. These three factors have all been consistently 
demonstrated to increase the chances of establishment by all invasive 
vertebrate taxa, including the nine large constrictor snakes in this 
proposed rule (Bomford 2008).
    However, as stated above, a species does not have to be 
established, currently imported, or present in the wild in the United 
States for the Service to list it as injurious. The objective of

[[Page 11811]]

such a listing would be to prevent that species' importation and likely 
establishment in the wild, thereby preventing injurious effects 
consistent with 18 U.S.C. 42.

Public Comments

    We are soliciting substantive public comments and supporting data 
on the draft environmental assessment, the draft economic analysis, and 
this proposed rule to add the Indian (including Burmese) python, 
reticulated python (Broghammerus reticulatus or Python reticulatus), 
Northern African python, Southern African python, boa constrictor, 
yellow anaconda, DeSchauensee's anaconda, green anaconda, and Beni 
anaconda to the list of injurious wildlife under the Lacey Act. The 
draft environmental assessment, the draft economic analysis, the 
initial regulatory flexibility analysis, and this proposed rule will be 
available on https://www.regulations.gov under Docket No. FWS-R9-FHC-
2008-0015.
    You may submit your comments and materials concerning this proposed 
rule by one of the methods listed in the ADDRESSES section. We will not 
accept comments sent by e-mail or fax or to an address not listed in 
the ADDRESSES section.
    We will post your entire comment--including your personal 
identifying information--on https://www.regulations.gov. If your written 
comments provide personal identifying information, you may request at 
the top of your document that we withhold this information from public 
review. However, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on https://www.regulations.gov under 
Docket No. FWS-R9-FHC-2008-0015, or by appointment, during normal 
business hours at the South Florida Ecological Services Office (see FOR 
FURTHER INFORMATION CONTACT section).
    We are soliciting public comments and supporting data to gain 
additional information, and we specifically seek comment regarding the 
Indian python (Python molurus, including Burmese python P. m. 
bivittatus), reticulated python (Broghammerus reticulatus or Python 
reticulatus), Northern African python (Python sebae), Southern African 
python (Python natalensis), boa constrictor (Boa constrictor), yellow 
anaconda (Eunectes notaeus), DeSchauensee's anaconda (Eunectes 
deschauenseei), green anaconda (Eunectes murinus), and Beni anaconda 
(Eunectes beniensis) on the following questions:
    (1) What regulations does your State have pertaining to the use, 
transport, or production of any of the nine constrictor snakes? What 
are relevant Federal, State, or local rules that may duplicate, 
overlap, or conflict with the proposed rule?
    (2) How many of the nine constrictor snakes species are currently 
in production for wholesale or retail sale, and in how many and which 
States?
    (3) How many businesses sell one or more of the nine constrictor 
snake species?
    (4) How many businesses breed one or more of the nine constrictor 
snake species?
    (5) What are the annual sales for each of the nine constrictor 
snake species?
    (6) How many, if any, of the nine constrictor snake species are 
permitted within each State?
    (7) What would it cost to eradicate individuals or populations of 
the nine constrictor snakes, or similar species, if found? What methods 
are effective?
    (8) What are the costs of implementing propagation, recovery, and 
restoration programs for native species that are affected by the nine 
constrictor snake species, or similar species?
    (9) What State threatened or endangered species would be impacted 
by the introduction of any of the nine constrictor snake species?
    (10) What species have been impacted, and how, by any of the nine 
constrictor snake species?
    (11) What provisions in the proposed rule should the Service 
consider with regard to: (a) The impact of the provision(s) (including 
any benefits and costs), if any, and (b) what alternatives, if any, the 
Service should consider, as well as the costs and benefits of those 
alternatives, paying specific attention to the effect of the rule on 
small entities?
    (12) How could the proposed rule be modified to reduce any costs or 
burdens for small entities consistent with the Service's requirements?
     (13) Why we should or should not include hybrids of the nine 
constrictor species analyzed in this rule, and if the hybrids possess 
the same biological characteristics as the parent species.

Species Information

Indian python (Python molurus, including Burmese python P. molurus 
bivittatus)

Native Range

    The species Python molurus ranges widely over southern and 
southeast Asia (Reed and Rodda 2009). Reed and Rodda (2009) state that, 
at times, the species has been divided into subspecies recognizable 
primarily by color. The most widely used common name for the entire 
species is Indian python, with P. molurus bivittatus routinely 
distinguished as the Burmese python. Because the pet trade is composed 
almost entirely of P. m. bivittatus, most popular references simply use 
Burmese python. However, hereafter, we refer to the species as Indian 
python (for the entire species), unless specifically noted as Burmese 
(to refer to the subspecies, or where information sources used that 
name).
    The subspecies, Python molurus molurus is listed as endangered in 
its native lands under the Endangered Species Act of 1973, as amended 
(16 U.S.C. 1531, et seq.) under the common name of Indian python. P. 
molurus molurus is also listed by the Convention on International Trade 
in Threatened and Endangered Species (CITES) under Appendix I but uses 
no common name. All other subspecies in the genus Python are listed in 
CITES Appendix II. This rule as proposed would list all members of 
Python molurus as injurious.
    In its native range, the Indian python occurs in virtually every 
habitat from lowland tropical rainforest (Indonesia and Southeast Asia) 
to thorn-scrub desert (Pakistan) and grasslands (Sumbawa, India) to 
montane warm temperate forests (Nepal and China) (Reed and Rodda 2009). 
This species inhabits an extraordinary range of climates, including 
both temperate and tropical, as well as both very wet and very dry 
environments (Reed and Rodda 2009).

Biology

    The Indian python's life history is fairly representative of large 
constrictors because juveniles are relatively small when they hatch, 
but nevertheless are independent from birth, grow rapidly, and mature 
in a few years. Mature males search for mates, and the females wait for 
males to find them during the mating season, then lay eggs to repeat 
the cycle. Male Indian pythons do not need to copulate with females for 
fertilization of viable eggs. Instead, the female apparently can 
fertilize her eggs with her own genetic material, though it is not 
known how often this occurs in the wild. Several studies of captives 
reported viable eggs from females kept for many years in isolation 
(Reed and Rodda).
    In a sample of eight clutches discovered in southern Florida (one 
nest and seven gravid females), the average clutch size was 36 eggs, 
but pythons

[[Page 11812]]

have been known to lay as many as 107 eggs in one clutch. Adult females 
from recent captures in Everglades National Park have been found to be 
carrying more than 85 eggs (Harvey et al. 2008).
    The Burmese python (Python molurus bivittatus) is one of the 
largest snakes in the world; it reaches lengths of up to 7 m (23 ft) 
and weights of over 90 kilograms (kg)(almost 200 pounds (lbs)). 
Hatchlings range in length from 50 to 80 centimeters (cm)(19 to 31 
inches (in)) and can more than double in size within the first year 
(Harvey et al. 2008). As is true with all snakes, pythons grow 
throughout their lives. Reed and Rodda (2009) cite Bowler (1977) for 
two records of Burmese pythons living more than 28 years (up to 34 
years, 2 months for one snake that was already an adult when acquired).
    Like all of the giant constrictors, Indian pythons are extremely 
cryptic in coloration. They are silent hunters that lie in wait along 
pathways used by their prey and then ambush them. They blend so well 
into their surroundings that observers have released marked snakes for 
research purposes and lost sight of them 5 feet away (Roybal, pers. 
comm. 2010).
    With only a few reported exceptions, Indian pythons eat terrestrial 
vertebrates, although they eat a wide variety of terrestrial 
vertebrates (lizards, frogs, crocodilians, snakes, birds, and mammals). 
Special attention has been paid to the large maximum size of prey taken 
from python stomachs, both in their native range and nonnative 
occurrences in the United States. The most well-known large prey items 
include alligators, antelopes, dogs, deer, jackals, goats, porcupines, 
wild boars, pangolins, bobcats, pea fowl, frigate birds, great blue 
herons, langurs, and flying foxes; a leopard has even been reported as 
prey (Reed and Rodda 2009). To accommodate the large size of prey, 
Indian pythons have the ability to grow stomach tissue quickly to 
digest a large meal (Reed and Rodda 2009).
Reticulated Python (Broghammerus reticulatus or Python reticulatus)

Native Range

    Although native range boundaries are disputed, reticulated pythons 
conservatively range across much of mainland Southeast Asia (Reed and 
Rodda 2009). They are found from sea level up to more than 1,300 m 
(4,265 ft) and inhabit lowland primary and secondary tropical wet 
forests, tropical open dry forests, tropical wet montane forests, rocky 
scrublands, swamps, marshes, plantations and cultivated areas, and 
suburban and urban areas. Reticulated pythons occur primarily in areas 
with a wet tropical climate. Although they also occur in areas that are 
seasonally dry, reticulated pythons do not occur in areas that are 
continuously dry or very cold at any time (Reed and Rodda 2009).

Biology

    The reticulated python is most likely the world's longest snake 
(Reed and Rodda 2009). Adults can grow to a length of more than 8.7 m 
(28.5 ft). Like all pythons, the reticulated python is oviparous (lays 
eggs). The clutch sizes range from 8 to 124, with typical clutches of 
20 to 40 eggs. Hatchlings are at least 61 cm (2 ft) in total length 
(Reed and Rodda 2009). We have no data on life expectancy in the wild, 
but several captive specimens have lived for nearly 30 years (Reed and 
Rodda 2009).
    The size range of the prey of reticulated pythons is essentially 
the same as that of the Indian python, as far as is known (Reed and 
Rodda 2009), and has included chickens, rats, monitor lizards, civet 
cats, bats, an immature cow, various primates, deer, goats, cats, dogs, 
ducks, rabbits, tree shrews, porcupines, and many species of birds.
    A host of internal and external parasites plague wild reticulated 
pythons (Auliya 2006). The pythons in general are hosts to various 
protozoans, nematodes, ticks, and lung arthropods (Reed and Rodda 
2009). Captive reticulated pythons can carry ticks of agricultural 
significance (potential threat to domestic livestock) in Florida 
(Burridge et al. 2000, 2006; Clark and Doten 1995).
    The reticulated python can be an aggressive and dangerous species 
of giant constrictor to humans. Reed and Rodda (2009) cite numerous 
sources of people being bitten, attacked, and even killed by 
reticulated pythons in their native range.
Northern African Python (Python sebae)

Native Range

    Python sebae and Python natalensis are closely related, large-
bodied pythons of similar appearance found in sub-Saharan Africa (Reed 
and Rodda 2009). The most common English name for this species complex 
has been African rock python. After P. sebae was split from P. 
natalensis, some authors added ``Northern'' or ``Southern'' as a prefix 
to this common name. Reed and Rodda 2009 adopted Broadley's (1999) 
recommendations and refer to these snakes as the Northern and Southern 
African pythons; hereafter, we refer to them as Northern and Southern 
African pythons, or occasionally as African pythons.
    Northern African pythons range from the coasts of Kenya and 
Tanzania across much of central Africa to Mali and Mauritania, as well 
as north to Ethiopia and perhaps Eritrea; in arid zones, their range is 
apparently limited to the vicinity of permanent water (Reed and Rodda 
2009). In Nigeria, Northern African pythons are reported from suburban, 
forest, pond and stream, and swamp habitats, including extensive use of 
Nigerian mangrove habitats. In the arid northern parts of its range, 
Northern African pythons appear to be limited to wetlands, including 
the headwaters of the Nile, isolated wetlands in the Sahel of 
Mauritania and Senegal, and the Shabelle and Jubba Rivers of Somalia 
(Reed and Rodda 2009). The Northern African python inhabits regions 
with some of the highest mean monthly temperatures identified for any 
of the giant constrictors, with means of greater than 35 [deg]C (95 
[deg]F) in arid northern localities (Reed and Rodda 2009).

Biology

    Northern African pythons are primarily ambush foragers, lying in 
wait for prey in burrows, along animal trails, and in water. Northern 
African pythons are oviparous. Branch (1988) reports that an 
``average'' female of 3 to 4 m (10 to 13 ft) total length would be 
expected to lay 30 to 40 eggs, while others report an average clutch of 
46 eggs, individual clutches from 20 to ``about 100,'' and clutch size 
increasing correspondingly in relation to the body length of the female 
(Pope 1961). In captivity, Northern African pythons have lived for 27 
years (Snider and Bowler 1992). As with most of the giant constrictors, 
adult African pythons primarily eat endothermic (warm-blooded) prey 
from a wide variety of taxa. Domestic animals consumed by African 
pythons include goats, dogs, and a domestic turkey consumed by an 
individual in suburban South Florida.
Southern African Python (Python natalensis)

Native Range

    The Southern African python is found from Kenya southwest to Angola 
and south through parts of Namibia and much of eastern South Africa. 
Distributions of the species overlap somewhat, although the southern 
species tends to inhabit higher areas in regions where both species 
occur (Reed and Rodda 2009).

[[Page 11813]]

Biology

    Little is known about Southern African pythons. They are oviparous. 
As with most of the giant constrictors, adult African pythons primarily 
eat endothermic (warm-blooded) prey from a wide variety of taxa. The 
Southern African pythons consume a variety of prey types that includes 
those listed for Northern African pythons.
Boa Constrictor (Boa constrictor)

Native Range

    Boa constrictors range widely over North America (Mexico), Central 
America, and South America, including dozens of marine and lacustrine 
islands, and have one of the widest latitudinal distributions of any 
snake in the world. In their native range, boa constrictors inhabit 
environments from sea level to 1,000 m (3,280 ft), including wet and 
dry tropical forest, savanna, very dry thorn scrub, and cultivated 
fields. They are commonly found in or along rivers and streams because 
they are capable swimmers (Reed and Rodda 2009; Snow et al. 2007).

Biology

    The maximum length of this species is roughly 4 m (13 ft). Boa 
constrictors are ovoviviparous (bear live young after eggs hatch inside 
mother). The average clutch size is 35 eggs. Snake longevity records 
from captive-bred populations can be 38 to 40 years (Reed and Rodda 
2009).
    The boa constrictor has a broad diet, consuming prey from a wide 
variety of vertebrate taxa. Young boa constrictors will eat mice, small 
birds, lizards, and amphibians. The size of the prey item will increase 
as the snake gets older and larger. The boa constrictor is an ambush 
predator and will lie in wait for an appropriate prey to come along, at 
which point it will attack (Reed and Rodda 2009; Snow et al. 2007).
    The subspecies Boa constrictor occidentalis is listed by CITES 
under Appendix I but uses no common name. This rule as proposed would 
list all subspecies of Boa constrictor as injurious.
Yellow Anaconda (Eunectes notaeus)

Native Range

    The yellow anaconda (E. notaeus) has a larger distribution in 
subtropical and temperate areas of South America than the 
DeSchauensee's anaconda and has received more scientific attention. The 
yellow anaconda appears to be restricted to swampy, seasonally flooded, 
or riverine habitats throughout its range. The yellow anaconda exhibits 
a fairly temperate climate range, including localities with cold-season 
monthly mean temperatures around 10 [deg]C (50 [deg]F) and no 
localities with monthly means exceeding 30 [deg]C (86 [deg]F) in the 
warm season (Reed and Rodda 2009).

Biology

    The yellow anaconda bears live young (ovoviviparous). The recorded 
number of yellow anaconda offspring range from 10 to 37, with a maximum 
of 56. In captivity, yellow anacondas have lived for over 20 years. 
Yellow anacondas appear to be generalist predators on a range of 
vertebrates. The anacondas in general exhibit among the broadest diet 
range of any snake, including ectotherms (lizards, crocodilians, 
turtles, snakes, fish) and endotherms (birds, mammals), and yellow 
anacondas have typical diets.
DeSchauensee's Anaconda (Eunectes deschauenseei)

Native Range

    This species has a much smaller range than does the yellow anaconda 
and is largely confined to the Brazilian island of Marajo, nearby areas 
around the mouth of the Amazon River, and several drainages in French 
Guiana. DeSchauensee's anaconda is known from a small number of 
specimens and has a limited range in northeast South America. Although 
not well studied, DeSchauensee's anaconda apparently prefers swampy 
habitats that may be seasonally flooded. DeSchauensee's anaconda is 
known from only a few localities in northeast South America, and its 
known climate range is accordingly very small. While the occupied range 
exhibits moderate variation in precipitation across the year, annual 
temperatures tend to range between 25 \o\C (77 \o\F) and 30 \o\C (86 
\o\F). Whether the species could tolerate greater climatic variation is 
unknown.

Biology

    DeSchauensee's anaconda appears to be the smallest of the 
anacondas, although the extremely limited number of available specimens 
does not allow unequivocal determination of maximal body sizes. Dirksen 
and Henderson (2002) record a maximum total length of available 
specimens as 1.92 m (6.3 (ft)) in males and 3.0 m (9.8 (ft)) in 
females. The DeSchauensee's anaconda is live-bearing. In captivity, 
DeSchauensee's anacondas have been reported to live for 17 years, 11 
months (Snider and Bowler 1992). Clutch sizes of DeSchauensee's 
anacondas ranged from 3 to 27 (mean 10.6  9.6) in a sample 
of five museum specimens (Pizzatto and Marques 2007), a range far 
greater than reported in some general works (for example, 3-7 
offspring; Walls, 1998).
    DeSchauensee's anaconda is reported to consume mammals, fish, and 
birds, and its overall diet is assumed to be similar to that of the 
yellow anaconda (Reed and Rodda 2009).
Green Anaconda (Eunectes murinus)

Native Range

    The native range of green anaconda includes aquatic habitats in 
much of South America below 850 m (2,789 ft) elevation plus the insular 
population on Trinidad, encompassing the Amazon and Orinoco Basins; 
major Guianan rivers; the San Francisco, Parana, and Paraguay Rivers in 
Brazil; and extending south as far as the Tropic of Capricorn in 
northeast Paraguay. The range of green anaconda is largely defined by 
availability of aquatic habitats. Depending on location within the wide 
distribution of the species, these appear to include deep, shallow, 
turbid, and clear waters, and both lacustrine and riverine habitats 
(Reed and Rodda 2009).

Biology

    Reed and Rodda (2009) describe the green anaconda as truly a giant 
snake, with fairly reliable records of lengths over 7 m (23 ft) and 
having a very stout body. Very large anacondas are almost certainly the 
heaviest snakes in the world, ranging up to 200 kg (441 lbs) 
(Bisplinghof and Bellosa 2007), even though reticulated pythons, for 
example, may attain greater lengths.
    The green anaconda bears live young. The maximum recorded litter 
size is 82, removed from a Brazilian specimen, but the typical range is 
28 to 42 young. Neonates (newly born young) are around 70 to 80 cm 
(27.5 to 31.5 in) long and receive no parental care. Because of their 
small size, they often fall prey to other animals. If they survive, 
they grow rapidly until they reach sexual maturity in their first few 
years (Reed and Rodda 2009). While reproduction is typically sexual, 
Reed and Rodda (2009) report that a captive, female green anaconda that 
was 5 years old in 1976 and that had no access to males gave birth in 
2002 to 23 females. This raises the possibility that green anacondas 
are facultatively parthenogenic, and that, theoretically, a single 
female green anaconda could establish a population.
    The green anaconda is considered a top predator in South American 
ecosystems. Small anacondas appear to primarily consume birds, and as 
they mature, they undergo an ontogenetic prey shift to large mammals 
and

[[Page 11814]]

reptiles. The regular inclusion of fish in the diet of the anacondas 
(including other members of the genus Eunectes) increases their dietary 
niche breadth in relation to the other giant constrictors, which rarely 
consume fish. Green anacondas consume a wide variety of endotherms and 
ectotherms from higher taxa, including such large prey as deer and 
crocodilians (alligators are a type of crocodilian). The regular 
inclusion of fish, turtles, and other aquatic organisms in their diet 
increases their range of prey even beyond that of reticulated or Indian 
pythons. Organisms that regularly come in contact with aquatic habitats 
are likely to be most commonly consumed by green anacondas (Reed and 
Rodda 2009). Green anacondas would have a ready food supply anywhere 
that the climate and habitat matched their native range. Since green 
anacondas are known to prey upon crocodilians, they could potentially 
thrive on alligators, which are common in the southeastern United 
States.
Beni Anaconda (Eunectes beniensis)

Native Range

    The Beni anaconda is a recently described and poorly known anaconda 
closely related to the green anaconda (Reed and Rodda 2009). The native 
range of the Beni anaconda is the Itenez/Guapore River in Bolivia along 
the border with Brazil, as well as the Baures River drainage in 
Bolivia. The green and Beni anacondas are similar in size and the range 
of the Beni anaconda is within the range of the green anaconda 
(Bolivia).

Biology

    Eunectes beniensis is a recently described species from northern 
Bolivia, previously considered to be contained within E. murinus. 
Eunectes beniensis was discovered in the Beni Province, Bolivia--thus 
the labeled name of Beni anaconda and another alias of Bolivian 
anaconda. Based on morphological and molecular genetic evidence, E. 
beniensis is more closely related to E. notaeus and E. deschauenseei 
than to E. murinus. The phylogenetic relationships within Eunectes are 
currently best described as: E. murinus [E. beniensis (E. 
deschauenseei, E. notaeus)]. To an experienced herpetologist, E. 
beniensis is easily recognizable by its brown to olive-brownish ground 
color in combination with five head stripes and less than 100 large, 
dark, solid dorsal blotches that always lack lighter centers. To a 
novice, E. beniensis and E. murinus are similar in appearance. The 
primarily nocturnal anaconda species tends to spend most of its life in 
or around water.

Summary of the Presence of the Nine Constrictor Snakes in the United 
States

    Of the nine constrictor snake species that are proposed for listing 
as injurious, six have been reported in the wild in the United States 
and two have been confirmed as reproducing in the wild in the United 
States; six have been imported commercially into the United States 
during the period 1999 to 2008 (Table 1).

   Table 1. The species of nine snakes proposed for listing as injurious that have been reported in the United
            States, are known to be breeding in the United States, and have been imported for trade.
----------------------------------------------------------------------------------------------------------------
                                       Reported in the wild in  Reproducing in the wild   Imported into U.S. for
               Species                          U.S.?                   in U.S.?                 trade?*
----------------------------------------------------------------------------------------------------------------
Indian (or Burmese) python             Yes                      Yes                      Yes
----------------------------------------------------------------------------------------------------------------
Reticulated python                     Yes                      No                       Yes
----------------------------------------------------------------------------------------------------------------
Northern African python                Yes                      Possible                 Yes
----------------------------------------------------------------------------------------------------------------
Southern African python                No                       No                       Unknown**
----------------------------------------------------------------------------------------------------------------
Boa constrictor                        Yes                      Yes                      Yes
----------------------------------------------------------------------------------------------------------------
Yellow anaconda                        Yes                      No                       Yes
----------------------------------------------------------------------------------------------------------------
DeSchauensee's anaconda                No                       No                       Unknown**
----------------------------------------------------------------------------------------------------------------
Green anaconda                         Yes                      No                       Yes
----------------------------------------------------------------------------------------------------------------
Beni anaconda                          No                       No                       Unknown**
----------------------------------------------------------------------------------------------------------------
*Data from Draft Economic Analysis (USFWS 2010)
** It is possible that this species has been imported into the U.S. incorrectly identified as one of the other
  species under consideration in this rule.

Lacey Act Evaluation Criteria

    We use the criteria below to evaluate whether a species does or 
does not qualify as injurious under the Lacey Act, 18 U.S.C. 42. The 
analysis that is developed using these criteria serves as a general 
basis for the Service's regulatory decision regarding injurious 
wildlife species listings (not just for the nine proposed snake 
species). Biologists within the Service who are knowledgeable about a 
species being evaluated will assess both the factors that contribute to 
and the factors that reduce the likelihood of injuriousness.
    (1) Factors that contribute to being considered injurious:
     The likelihood of release or escape;
     Potential to survive, become established, and spread;
     Impacts on wildlife resources or ecosystems through 
hybridization and competition for food and habitats, habitat 
degradation and destruction, predation, and pathogen transfer;
     Impact to threatened and endangered species and their 
habitats;
     Impacts to human beings, forestry, horticulture, and 
agriculture; and
     Wildlife or habitat damages that may occur from control 
measures.
    (2) Factors that reduce the likelihood of the species being 
considered as injurious:
     Ability to prevent escape and establishment;
     Potential to eradicate or manage established populations 
(for example, making organisms sterile);
     Ability to rehabilitate disturbed ecosystems;
     Ability to prevent or control the spread of pathogens or 
parasites; and
     Any potential ecological benefits to

[[Page 11815]]

introduction.
    To obtain some of the information for the above criteria, we used 
Reed and Rodda (2009). Reed and Rodda (2009) developed the Organism 
Risk Potential scores for each species using a widely utilized risk 
assessment procedure that was published by the Aquatic Nuisance Species 
Task Force (ANSTF 1996). This procedure incorporates four factors 
associated with probability of establishment and three factors 
associated with consequences of establishment, with the combination of 
these factors resulting in an overall Organism Risk Potential (ORP) for 
each species. For the nine constrictor snakes under consideration, the 
risk of establishment ranged from medium (reticulated python, 
DeSchauensee's anaconda, green anaconda, and Beni anaconda) to high 
(Indian python, Northern African python, Southern African python, boa 
constrictor, and yellow anaconda).
    For the nine constrictor snakes under consideration, the 
consequences of establishment range from low (DeSchauensee's anaconda 
and Beni anaconda) to medium (reticulated python, yellow anaconda, and 
green anaconda) to high (Indian python, Northern African python, 
Southern African python, and boa constrictor). The overall ORP, which 
is derived from an algorithm of both probability of establishment and 
consequences of establishment, was found to range from medium 
(reticulated python, green anaconda, DeSchauensee's anaconda, and Beni 
anaconda) to high (Indian python, Northern African python, Southern 
African python, boa constrictor, yellow anaconda).
    Certainties were highly variable within each of the seven elements 
of the risk assessment, varying from very uncertain to very certain. In 
general, the highest certainties were associated with those species 
unequivocally established in Florida (Indian python and boa 
constrictor) because of enhanced ecological information on these 
species from studies in both their native range and in Florida. The way 
in which these sub-scores are obtained and combined is set forth in an 
algorithm created by the ANSTF (Table 2).

   Table 2. The algorithm that the ANSTF defined for combining the two
                primary sub-scores (Reed and Rodda 2009)
------------------------------------------------------------------------
                                    Consequences of      Organism Risk
  Probability of  Establishment      Establishment      Potential (ORP)
------------------------------------------------------------------------
High                              High                High
------------------------------------------------------------------------
Medium                            High                High
------------------------------------------------------------------------
Low                               High                Medium
------------------------------------------------------------------------
High                              Medium              High
------------------------------------------------------------------------
Medium                            Medium              Medium
------------------------------------------------------------------------
Low                               Medium              Medium
------------------------------------------------------------------------
High                              Low                 Medium
------------------------------------------------------------------------
Medium                            Low                 Medium
------------------------------------------------------------------------
Low                               Low                 Low
------------------------------------------------------------------------

    Similar algorithms are used for deriving the primary sub-scores 
from the secondary sub-scores. However, the scores are fundamentally 
qualitative, in the sense that there is no unequivocal threshold that 
is given in advance to determine when a given risk passes from being 
low to medium, and so forth. Therefore, we viewed the process as one of 
providing relative ranks for each species. Thus a high ORP score 
indicates that such a species would likely entail greater consequences 
or greater probability of establishment than would a species whose ORP 
was medium or low (that is, high > medium > low). High-risk species are 
Indian pythons, Northern and Southern African pythons, boa 
constrictors, and yellow anacondas. High-risk species, if established 
in this country, put larger portions of the U.S. mainland at risk, 
constitute a greater ecological threat, or are more common in trade and 
commerce. Medium-risk species were reticulated python, DeSchauensee's 
anaconda, green anaconda, and Beni anaconda. These species constitute 
lesser threats in these areas, but still are potentially serious 
threats. Because all nine species share characteristics associated with 
greater risks, none was found to be a low risk.
    For the purposes of this proposed rule, a hybrid is any progeny 
from any cross involving parents of these nine constrictor snake 
species. Such progeny are likely to possess the same biological 
characteristics of the parent species that, through our analysis, leads 
us to find that they are injurious to humans and to wildlife and 
wildlife resources of the United States.

Factors That Contribute to Injuriousness for Indian Python

Current Nonnative Occurrences

    The Indian python has been reported as captured in many areas in 
Florida (see Figure 4 in the draft environmental assessment). In South 
Florida, more than 1,300 live and dead Burmese pythons, including 
gravid females, have been removed from in and around Everglades 
National Park in the last 10 years by authorized agents, park staff, 
and park partners, indicating that they are already established 
(National Park Service 2010). In the Commonwealth of Puerto Rico, the 
Indian python has been collected or reported (eight individuals 
collected, including a 3-m (10-ft) albino) from the municipality of 
Adjuntas, the northern region of the island (Arecibo), and the eastern 
region of the island (Humacao) (Saliva, pers. comm. 2009).

Potential Introduction and Spread

    The likelihood of release or escape from captivity of Indian python 
is high as evidenced by the releases and effects of those releases in 
Florida and Puerto Rico. When Indian pythons escape captivity or are 
released into the wild,

[[Page 11816]]

they have survived and are likely to continue to survive and become 
established with or without reproduction. For example, in the past 10 
years, more than 1,300 Burmese pythons have been removed from 
Everglades National Park and vicinity (National Park Service 2010) 
alone and others have been captured from other natural areas on the 
west side of South Florida, the Florida Keys (Higgins, pers. comm. 
2009), and farther up the peninsula, including Sarasota and Indian 
River County (Lowman, pers. comm. 2009; Dangerfield, pers. comm. 2010). 
Moreover, released Indian pythons would likely spread to areas of the 
United States with a suitable climate. These areas were determined in 
the risk assessment (Reed and Rodda 2009) for all nine constrictor 
snakes by comparing the type of climate the species inhabited in their 
native ranges to areas of similar climate in the United States (climate 
matching). Due to the wide rainfall tolerance and extensive semi-
temperate range of Indian python, large areas of the southern United 
States mainland appear to have a climate suitable for survival of this 
species. Areas of the United States that are climatically matched at 
present include along the coasts and across the south from Delaware to 
Oregon, as well as most of California, Texas, Oklahoma, Arkansas, 
Louisiana, Mississippi, Alabama, Florida, Georgia, and South and North 
Carolina. In addition to these areas of the U.S. mainland, the 
territories of Guam, Northern Mariana Islands, American Samoa, Virgin 
Islands, and Puerto Rico appear to have suitable climate. Areas of the 
State of Hawaii with elevations under about 2,500 m (8,202 ft) would 
also appear to be climatically suitable. Indian pythons are highly 
likely to spread and become established in the wild due to common 
traits shared by the giant constrictors, including large size, habitat 
generalist, tolerance of urbanization, high reproductive potential, 
long distance disperser, early maturation, rapid growth, longevity, and 
``sit and wait'' style of predation.

Potential Impacts to Native Species (including Threatened and 
Endangered Species)

    As discussed above under Biology, the Indian python grows to 
lengths greater than 7 m (23 ft) and can weigh up to 90 kg (200 lbs). 
This is longer than any native terrestrial predator (including bears) 
in the United States and its territories and heavier than most native 
predators (including many bears). American black bears (Ursus 
americanus) vary in size depending on sex, food availability and 
quality, and other factors. Male black bears can grow to more than six 
feet long and weigh up to 295 kg (650 lbs); females rarely reach that 
length and do not weigh more than 79 kg (175 lbs) (Smithsonian 
Institution 2010). Among the largest of the native predators of the 
Southeast is the American alligator (Alligator mississippiensis). The 
average length for an adult female American alligator is 2.6 m (8.2 
ft), and the average length for a male is 3.4 m (11.2 ft) (Smithsonian 
Institution 2010).
    In comparison with the Indian python, the largest snake native to 
North America is the indigo snake (Drymarchon corais), attaining a size 
of about 2.5 m (8 ft) (Monroe and Monroe 1968). A subspecies of the 
indigo snake is the eastern indigo snake (D. corais couperi), which 
grows to a similar maximum length. The eastern indigo snake inhabits 
Georgia and Florida and is listed as federally threatened by the 
Service.
    Unlike prey species in the Indian python's native range, none of 
our native species has evolved defenses to avoid predation by such a 
large snake. Thus, naive native wildlife anywhere in the United States 
would be very likely to fall prey to Indian pythons (or any of the 
other eight constrictor snakes). At all life stages, Indian pythons can 
and will compete for food with native species; in other words, baby 
pythons will eat small prey, and the size of their prey will increase 
as they grow. Based on an analysis of their diets in Florida, Indian 
pythons, once introduced and established, are likely to outcompete 
native predators (such as the federally listed Florida panther, eastern 
indigo snake, native boas, hawks), feeding on the same prey and thereby 
reducing the supply of prey for the native predators. Indian pythons 
are generalist predators that consume a wide variety of mammal and bird 
species, as well as reptiles, amphibians, and occasionally fish. This 
constrictor can easily adapt to prey on novel wildlife (species that 
they are not familiar with), and they need no special adaptations to 
capture and consume them. Pythons in Florida have consumed prey as 
large as white-tailed deer and adult American alligators. Three 
federally endangered Key Largo woodrats (Neotoma floridana smalli) were 
consumed by a Burmese python in the Florida Keys in 2007. The extremely 
small number of remaining Key Largo woodrats suggests that the current 
status of the species is precarious (USFWS 2008); this means that a new 
predator that has been confirmed to prey on the endangered woodrats is 
a serious threat to the continued existence of the species.
    The United States, particularly the Southeast, has one of the most 
diverse faunal communities that are potentially vulnerable to predation 
by the Indian python. Juveniles of these giant constrictors will climb 
to remove prey from bird nests and capture perching or sleeping birds. 
Most of the South has suitable climate and habitat for Indian pythons. 
The greatest biological impact of an introduced predator, such as the 
Indian python, is the likely loss of imperiled native species. Based on 
the food habits and habitat preferences of the Indian python in its 
native range, the species is likely to invade the habitat, prey on, and 
further threaten most of the federally threatened or endangered fauna 
in climate-suitable areas of the United States. Indian pythons are also 
likely to threaten numerous other potential candidates for Federal 
protection. Candidate species are plants and animals for which the 
Service has sufficient information on their biological status and 
threats to propose them as endangered or threatened under the 
Endangered Species Act, but for which development of a proposed listing 
regulation is precluded by other higher priority listing activities. 
For example, the current candidate list includes several bat species 
that inhabit the Indian python's climate-matched regions.
    The draft environmental assessment includes lists of species that 
are federally threatened or endangered in climate-suitable States and 
territories, such as Florida, Hawaii, Guam, Puerto Rico, and the Virgin 
Islands. These lists include only the species of the sizes and types 
that would be expected to be directly affected by predation by Indian 
pythons and the other eight large constrictors. For example, plants and 
marine species are excluded. In Florida, 14 bird species, 15 mammals, 
and 2 reptiles that are threatened or endangered could be preyed upon 
by Indian pythons or be outcompeted by them for prey. Hawaii has 32 
bird species and one mammal that are threatened or endangered that 
would be at risk of predation. Puerto Rico has eight bird species and 
eight reptile species that are threatened or endangered that would be 
at risk of predation. The Virgin Islands have one bird species and 
three reptiles that are threatened or endangered that would be at risk 
of predation. Guam has six bird species and two mammals that are 
threatened or endangered that would be at risk of predation.
    According to the climate suitability maps (Reed and Rodda 2009),

[[Page 11817]]

threatened and endangered species from all of Florida, most of Hawaii, 
and all of Puerto Rico would be at risk from the establishment of 
Indian pythons. While we did not itemize the federally threatened and 
endangered species from California, Texas, and other States, there are 
likely several hundred species in those and other States that would be 
at risk from Indian pythons. In addition, we assume that Guam, the U.S. 
Virgin Islands, and other territories would have suitable habitat and 
climate to support Indian pythons, and these also have federally 
threatened and endangered species that would be at risk if Indian 
pythons became established.
    The likelihood and magnitude of the effect on threatened and 
endangered species is high. Indian pythons are thus highly likely to 
negatively affect threatened and endangered birds and mammals, as well 
as unlisted native species.

Potential Impacts to Humans

    The introduction or establishment of Indian pythons may have 
negative impacts on humans primarily from the loss of native wildlife 
biodiversity, as discussed above. These losses would affect the 
aesthetic, recreational, and economic values currently provided by 
native wildlife and healthy ecosystems. Educational values would also 
be diminished through the loss of biodiversity and ecosystem health.
    Human fatalities from nonvenomous snakes in the wild are rare, 
probably only a few per year worldwide (Reed and Rodda 2009). However, 
although attacks on people by Indian pythons are improbable, they are 
possible given the large size that some individual snakes can reach.

Factors That Reduce or Remove Injuriousness for Indian Python

Control

    No effective tools are currently available to detect and remove 
established large constrictor populations. Traps with drift fences or 
barriers are the best option, but their use on a large scale is 
prohibitively expensive, largely because of the labor cost of baiting, 
checking, and maintaining the traps daily. Additionally, some areas 
cannot be effectively trapped due to the expanse of the area and type 
of terrain, the distribution of the target species, and the effects on 
any nontarget species. While the Department of the Interior, the U.S. 
Department of Agriculture's (USDA) Animal and Plant Health