UPDATE: The ADCNR Commissioner has signed the regulation to ban the proposed species. You can read it at www.usark.org/wp-content/uploads/2020/08/ADCNR-August-2020.pdf. USARK is still working on this matter.
UPDATE 8/5/20: ADCNR announced its meeting of the Alabama Conservation Advisory Board for August 22. The agenda is vague but this proposal may be discussed. We await a response from ADCNR. Links to the announcement and vague agenda are below. This is the typical, unspecific agenda posted for these meetings and ADCNR has not shared if this reptile ban topic will be discussed.
Those desiring to speak during the public comments section must register. Registration is 8:00-8:30 AM on the day of the meeting. The meeting starts at 9:00 AM. If you have any materials for the board to review, email those to betsy.jones@dcnr.alabama.g
Announcement: www.outdooralabama.com/
Agenda: www.outdooralabama.com/
Board information and members can be found at www.outdooralabama.com/
Future Process:
ADCNR is still reviewing the comments. They must file a certified rule that will be reviewed by the Joint Committee on Administrative Rule Review. Unless the Committee disapproves or proposes amendments, the rule will be effective 45 days after a notice is published in the Alabama Administrative Monthly. Notices are published in the Alabama Administrative Monthly at the end of each month.
About the Advisory Board:
The Conservation Advisory Board, created by statute, is composed of 10 members appointed by the Governor for alternating terms of six years, and three ex-officio members in the persons of the Governor, the Commissioner of Agriculture and Industries, and the Director of the Alabama Cooperative Extension System. The Commissioner of Conservation and Natural Resources serves as the ex-officio secretary of the board.
The Advisory Board assists in formulating policies for the Department of Conservation, examines all rules and regulations, and makes recommendations for their change or amendment. By a two-thirds vote of the members present and with the governor’s approval, the Board can amend, make any changes, repeal or create and promulgate additional rules and regulations. The Board also assists in publicizing the department’s programs and activities.
Original Alert is below:
The Alabama Department of Conservation and Natural Resources (ADCNR) has proposed a regulation to ban many species of reptiles and amphibians. The regulation states it will be illegal to “possess, sell, offer for sale, import, bring, release, or cause to be brought or imported into the State…” any of the listed species.
1. All species listed as injurious under the Lacey Act (current and future). This includes:
- Reticulated pythons;
- Burmese and Indian pythons;
- Green and yellow anacondas;
- Northern and Southern African Rock pythons;
- 201 species of salamanders;
- All other Lacey Act injurious species. Complete list at www.fws.gov/injuriouswildlife/pdf_files/Current_Listed_IW.pdf.
2. Any species of nonindigenous venomous reptile which has never naturally existed in the wild in Alabama including but not limited to venomous snakes of the families Viperidae, Atractasvididae, Elapidae, Hydrophiidae and Colubridae, except for hognose snakes (genus Heterodon);
3. All tegus.
This is an overreaching and unjust action that is not supported by legitimate science nor valid statistics. This is nothing more than collective punishment (punishment of the whole due to a few) without strong evidence that irresponsible owners are a valid concern in Alabama. The proposal is absolutely arbitrary, capricious, and biased.
ADCNR claims that the absence of this rule significantly harms and endangers public health, welfare, or safety. ADCNR declares this regulation is “solely for the purpose of the protection of the public.” Another claim is that there is no alternative and a ban is the only option. ADCNR also reports that this rule will have no economic impact. (None of this is factual!)
USARK does completely support punishment for anyone releasing non-native species into the environment.
CONTACTS: (Remember to be civil and professional.)
Charles F. Sykes, Director, Wildlife & Freshwater Fisheries, 5th Floor, 64 N. Union Street, Montgomery, Alabama 36130
Phone: 334-242-3465
Email list: dcnr.wffdirector@dcnr.alabama.gov, chris.blankenship@dcnr.alabama.gov, ed.poolos@dcnr.alabama.gov
Find Advisory Board members at www.outdooralabama.com/about-us/conservation-advisory-board.
A group commenting session will not be held. Interested persons may schedule a time to present their views orally. Please contact Ryan Corley at 334-242-3165 or ryan.corley@dcnr.alabama.gov to schedule a time.
Read the full ADCNR report and proposal at www.alabamaadministrativecode.state.al.us/JCARR/JCARR-MAY-20/CON%20220-2-.26.pdf.
Talking Points (In no particular order. Use these in letters, calls, and presentations.)
- It is unjust to punish responsible animal owners because someone else might be irresponsible.
- Stakeholders can form a network to handle any surrender of animals that need to be re-homed.
- There are many alternatives to bans.
- There are no valid statistics proving these species are public safety risks.
- There is no legitimate science that supports the theory of the listed constrictor snake species being invasive in Alabama.
- Bans actually create problems rather than address proclaimed concerns.
- This proposal is biased and irrational.
- Dedicated herpetoculturists are willing to work with ADCNR to alleviate any concerns and address issues.
- The regulation is arbitrary and capricious in nature.
- Any ADCNR regulation must be based upon sound logic, legitimate science, and valid statistics.
- Nearly 250,000 Alabama residents have pet reptiles or amphibians.
- Reptiles and amphibians are found in one of every twenty homes.
(NOTE: Statistics provided based upon surveys performed by the American Pet Products Association.)
Sample Messaging (Please edit and personalize.)
Email/letter/fax subject line (use one of the below or similar):
- NO to 220-2.26 amendments
- NO to reptile ban
- Opposition to ADCNR proposal
Sample Letter
Alabama Department of Conservation and Natural Resources Commissioner and Staff,
I write today as a responsible animal owner who opposes the ADCNR proposal to ban many herp species in Alabama by amending Chapter 220-2 of the ACDNR Administrative Code. I find this proposal to be irrational and biased.
While this is a complex matter, I will try to hit some highlights in this flawed proposition. This regulation would mirror a federal law, the Lacey Act. The Lacey Act lists some species as injurious if they can populate in any area of the U.S., even if that is only a minuscule range. Regarding the large constrictor snakes, they cannot survive in Alabama and there is no legitimate science to support this speculation. Our climate, even southernmost Alabama, is much colder than the southern four counties of Florida where Burmese pythons are found. The large constrictors listed as injurious are not invasive species threats in Alabama, plain and simple, nor are they public safety threats.
Salamanders are listed as injurious due to the Bsal fungus damaging populations of salamanders in other countries. Their listing as injurious under the Lacey Act means these species cannot be imported into the U.S. While this is an interim rule, ADCNR would have plenty of notice if the U.S. Fish and Wildlife Service were to amend that rule. ADCNR could respond appropriately. Extensive testing yielded that Bsal did not exist in captive U.S. salamander populations.
If ADCNR has found science to support that tegus are a genuine concern for Alabama, then work with stakeholders and experts to create a common-sense regulation. The focus should be to punish those who are not keeping animals properly.
Among other aspects, I am deeply concerned that there is no mention of any grandfathering process for current owners. This is beyond disturbing and yet again illustrates a lack of research into this proposal. Herps (reptiles and amphibians, collectively) are kept in over 5% of U.S. households and many of the listed species are quite common. This plan will turn hundreds of Alabama residents into criminals overnight. Additionally, a grandfather clause is not a solution or appropriate compromise here. It is merely mentioned as yet another flaw in this scheme.
The reported threat to public safety from any of these species is baseless. There is no valid data to support this speculation.
I fully support punishing irresponsible keepers, especially those who release non-native species into the wild. Please focus efforts on punishing actual criminals rather than good citizens. This effort is unjust, unwarranted, and a prime example of big government. Are unconstitutional and excessively intrusive government actions the future in Alabama?
Responsible Alabama herpetoculturists deserve better than this! We are concerned with conservation of Alabama’s fauna and environment. We are concerned with public safety. We should be allowed to enjoy and care for the animals under our care. It is not the role of the government to remove freedoms from good citizens, especially when the grounds for that injustice are arbitrary and capricious. While these animals may be misunderstood, that does not warrant injustice. Bans are never the answer!
Please work with dedicated herpetoculturists to resolve any legitimate concerns. I may seem blunt or coarse in my statements, but this action is unjustified and severely damaging to many good Alabama citizens. Thank you for your time and consideration of this complex matter. Have a good day.
Sincerely,
[YOUR NAME]
Complete proposed regulation text (new text is BOLD)
220-2-.26 Restrictions on Possession, Sale, Importation and/or Release of Certain Animals and Fish
(1) No person, firm, corporation, partnership, or association shall possess, sell, offer for sale, import, bring, release , or cause to be brought or imported into the State of Alabama any of the following live fish or animals:
- Any Walking Catfish or any other fish of the genus Clarias;
- Any Piranha or any fish of the genera Serrasalrnus, Pristobrycon, Pygocentrus, Catoprion, or Pygopristus;
- Any Nile Perch, Asian Seabass, Barramundi, or any fish from the genus Lates or Macquaria;
- Any Giant Afiican Snail or Giant African Land Snail (Lissachtina fulica or Achatina fulica);
- Any Black Carp of the genus Mylopharyngodon;
- Any species of sturgeon not native to Alabama;
- Any species of Chinese perch (Siniperca spp.);
- Any species of Snakehead fish from the family Channidae (Chamui spp):
- Any species of Mud carp (Cirrhinns spp.);
- Blue back herring (Alosa acstivalis);
- Any species of fish “rudd” (Scardinius erythrophthalmus) or “roach” (Rutihis rutilus) or any hybrids of either species;
- Zander (Sander lucioperca);
- European Perch (Perca fluviatilis);
- Eurasian Minnow (Phoxinus phoxinus);
- Wels Catfish (Sirurus glanis);
- Prussian Carp (Carassius gibelio);
- Crucian Carp (Carassius carassisus);
- Any species of eel from the family of Anguillidae not native to Alabama;
- Amur Sleeper (Perccottus glenii);
- Any species of nonindigenous venomous reptile which has never naturally existed in the wild in Alabama including but not limited to venomous snakes of the families Viperidae, Atractasvididae, Elapidae, Hydrophiidae and Colubridae, except for hognose snakes (genus Heterodon);
- Any species of bird, mammal, reptile, or amphibian listed as injurious wildlife under the Lacey Act (18 U.S.C. 42) from the U.S. Fish and Wildlife Service;
- Any species of Tegus (Salvator sp.);
- Any species of Mongoose;
- San Juan Rabbits, Jack Rabbits or any other species of wild rabbit or hare; or
- Any of the following from any area outside the state of Alabama: any member of the family Cervidae (to include but not be limited to deer, elk, moose, caribou), species of coyote, species of fox, species of raccoon, species of skunk, wild rodent, or strain of wild turkey, black bear (Ursus americanus), mountain lion (Felis concolor), bobcat (Felis rufus), Pronghom Antelope (Antelocapridae), any nondomestic member of the families Suidae (pigs), Tayassiddae (peccaries), or Bovidae (except bison). No person, firm, corporation, partnership, or association, shall transport within the state, any member of the above-stated species (whether such member originated within or without the state), except for properly licensed game-breeders pursuant to Section 9-11-31, Code of Alabama 1975, or persons engaged in the interstate transport of any of the above-stated species through the state who are otherwise specifically authorized by permit of the Director of the Division of Wildlife and Freshwater Fisheries or his designee.
(2) It shall be unlawful to release any tame turkey, or any other turkey, whether wild or tame, into any of the wild areas of this State.
The provisions of this regulation shall not apply to any turkeys kept by any fanner or landowner of this State for normal agricultural purposes or for personal consumption.
(3) Except as authorized by permit issued by the Department prior to the date of this amendment, it shall be unlawful for any person to have in possession any live, protected wild bird or wild animal or live embryo or eggs of these protected wild birds or animals. “Possession” in this section does not include deer restricted by natural or man made barriers as long as the deer remain wild and are not subject to management practices of domesticated animals.
(4) It shall be unlawful for any person to release any form of mammal, reptile, or amphibian which did not originate from this state, or any captive raised mammal, reptile, or amphibian other than those species raised under a license or permit from the Commissioner.
(5) It shall be unlawful to release any non-indigenous seafoods, as defined by Section 9-2-80, Code of Alabama, 1975, into any public waters of the state.
(6) The provisions of this regulation shall not apply to the exceptions provided for in Section 9-2-13(b), Code of Alabama 1975. Accredited educational, research, and rehabilitation facilities shall be exempt from this regulation through the written permission of the Commissioner or his designee.
