USARK Action Alert: No on USFWS Exclusion

[JeffreH]

From USARK (United States Association of Reptile Keepers)

In response to the USFWS proposal to allow a “Categorical Exclusion” from NEPA requirements. This rule would allow USFWS to add species as injurious without full due process afforded under the law.

What is a “Categorical Exclusion” Under NEPA?
and
USARK Talking Points on the FWS Proposal that will impact Lacey Act Listings

1. NEPA (the National Environmental Policy Act) requires agencies to assess environmental impacts and identify alternatives to “major Federal actions” that may “significantly affect the quality of the human environment.” The agency is required to publish an environmental impact statement (“EIS”) that describes its findings and justifies the proposed rule (in this case, the injurious listing of certain snakes under Lacey)
2. There are two exceptions to the EIS requirement: (1) if, after conducting a less thorough environmental assessment (“EA”), the agency makes a “finding of no significant impact” (“FONSI”); or (2) if the action is subject to a so-called “categorical exclusion.”
3. Categorical exclusions (“CE”) are defined as actions which do not, individually or cumulatively, have a significant impact on the human environment.
4. If a potential impact raises any uncertainty over a rule’s significance, then an “extraordinary circumstance” exists, and there is no exclusion allowed.
5. For the proposed listing of the nine species of constricting snakes, FWS made a finding of no significant impact after conducting what USARK demonstrated was a legally inadequate environmental assessment. USARK also found other NEPA and Administrative Procedure Act violations in the rule.
6. View more information at http://usark.org/2013-blog/fws-seeks-nepa-exemption/

How You Can Help (must be done on or before July 31, 2013):
It is most effective to do all 5, or at least the first 4 actions, and Share it
Remember to be civil and professional at all times

1. You can use the USARK quick form at http://usark.org/campaign/usfws-categorical-exclusion/.
2. Copy and paste the subject line and sample letter below (or edit) and email to: prevent_invasives@fws.gov

3. Copy and paste this email on the USFWS contact page at: http://www.fws.gov/duspit/contactus.htm
4. Below is a link to contact your federal Representative. Simply click the link and enter your zip code. You will see your Representative’s information (you may need to narrow search with your address). You will see a small envelope next to your Representative’s picture that you can click to send an email (or you may visit the Representative’s website provided). Simply copy and paste the subject title and sample letter below and send it. http://www.house.gov/representatives/find/

5. You can mail a letter to:
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, Suite 700
Arlington, VA 22203

6. Forward this information! Share it and make your voices heard!

Sample Letter

NOTE: The subject line of your email must read: Categorical Exclusion
Sample letter below:
I write today to oppose the Service’s proposed categorical exclusion from the National Environmental Policy Act (NEPA) for proposed listing of species as injurious under the Lacey Act.
As a reptile hobbyist, I am overwhelmingly troubled over the impact that listing certain species of snakes and other species commonly held in the reptile trade in the United States will have on my pets, as well as the livelihoods and small businesses of others in the reptile segment of the pet industry. The United States Association of Reptile Keepers (USARK) and others have conducted extensive research and due diligence. They have provided economic impact data and sound science to USFWS to refute many of the findings and concerns raised in the initial proposals. These concerns included the possible violation of NEPA requirements.

Specifically, USFWS ignored important scientific findings that contradicted its pre-determined outcome. State fish and wildlife agencies, research institutions, conservationists, zoos, public educators and even other federal government scientists raised important conservation concerns. Although such concerns are at the heart of NEPA, these were unlawfully ignored.
I, therefore, object to the Service’s last minute effort to remove the NEPA protections that are afforded to citizens under the law to prevent the implementation of an onerous rule that will impact the freedom of Americans to enjoy reptiles as pets and own reptile-related businesses while failing to address the potential negative environmental impacts of the rule.
I believe that the listing of these snakes, and any other species without due process, is unwarranted and infringes on our rights to engage in an activity that we enjoy and that poses no threat to the environment. The proposed exclusion from NEPA just adds insult to injury in denying American citizens the due process the law affords to challenge the impact of the proposed rule.
As a citizen of America, the land of the free, my freedom to own reptiles as pets has been under attack for several years. These attacks have caused great hardship to myself, my family, my friends who own reptile-related businesses and the economy of the United States. By allowing this rule, the FWS would have overreaching power to severely affect the pet reptile community further. I implore you to not allow this exclusion as it is only one more step toward destroying a $1.4 billion industry and my freedom to enjoy my beloved pet reptiles, along with nearly five million other families.

This Action Alert is available online at http://usark.org/action-alert/usfws-categorical-exclusion-2/

Related News

WASHINGTON, D.C., July 9, 2013 - The House Natural Resources Committee will hold an oversight hearing on Wednesday, July 17th entitled, “The Department of the Interior Operations, Management, and Rulemakings.” Interior Secretary Sally Jewell will be the sole witness testifying at this hearing. This will be Secretary Jewell’s first appearance before the Committee.
“Oversight of the actions of the Interior Department is a priority for the Committee and this hearing will allow the opportunity for both Republicans and Democrats to ask questions of Secretary Jewell. We look forward to her first visit to the House Natural Resources Committee,” said Natural Resources Committee Chairman Doc Hastings (WA-04).
WHAT: Full Committee Oversight Hearing on “The Department of the Interior Operations, Management, and Rulemakings”
Witness:
The Honorable Sally Jewell
Secretary, U.S. Department of the Interior
WHEN: Wednesday, July 17, 2013
10:00 AM
WHERE: 1324 Hearing Room in the Longworth House Office Building
Visit the Committee Calendar for additional information, once it is made available. The meeting is open to the public and a live video stream will be broadcast at http://naturalresources.house.gov/live.

View this press release at http://usark.org/press-releases/house-natural-resources-oversight-hearing/