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Category Archives: Laws

Snakes, rats rescued in Holly Hill fire

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Three cobras and scores of rats were saved from the flames of a burning Holly Hill commercial building early Saturday, officials said.

Firefighters from Holly Hill, Daytona Beach, Ormond Beach and Volusia County Fire Services were called out to battle the fire at 3:47 a.m., Holly Hill Chief Ron Spencer said.

Flames were shooting through the roof and nearly half of the building was on fire in the 1100 block of State Avenue.

“One of the units had three cobras in cages,” Spencer said. “They were owned by a licensed snake handler, but we confirmed through (the) Florida Fish and Wildlife (Commission) that he was not licensed to have the snakes there.”

The tenant of that unit allowed the snakes’ owner to keep the reptiles there, Spencer said. The tenant owned many rats, which were kept in cages and bins.

“Many of the rats were dead, but many were alive,” Spencer said. The owner of the rats was also permitted to remove his live animals.

Of the seven units, three were severely damaged, the chief said. Most of the damage occurred at Auto Repair and Customs Shop, according to fire reports.

The State Fire Marshal’s Office is investigating the cause of the fire.

While no official damage estimate has been given, Spencer said it’s likely to be about $150,000.

Man hospitalized after pet diamondback rattlesnake bites him

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A Floral Park man was hospitalized after being bitten on the hand by his pet diamondback rattlesnake, one of a handful of reptiles – most venomous – he kept at his residence in violation of New York State law, authorities said.

Robert Lantier, 31, was bitten inside his Oak Street home late Thursday morning and taken to Jacobi Medical Center in the Bronx for treatment where hospital spokeswoman…

Customs’ 4,000 exotic reptiles seizures revealed

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Wildlife minister Huw Irranca-Davies revealed the seizures in response to a question by Tory MP Andrew Rosindell.

All the animals were seized by HM Revenue and Customs under an international agreement banning the trade in endangered species, he said.

Officials also seized 322 endangered birds over the same period.

Home Office Minister Phil Woolas revealed the second set of figures in reply to a separate Commons question from Mr Rosindell.

Mr Irranca-Davies also revealed a breakdown of all the seizures made under the Convention on International Trade in Endangered Species in the past four years.

In 2005-6, the total of animals seized was 1,336 – including 501 leopard tortoises, 220 caimans – a reptile related to the crocodile – 149 royal pythons and 170 terrapins – in 27 seizures.

This compared with 1,313 creatures in 2006-7 – including 325 terrapins, 294 spiny tailed lizards and 138 leopard tortoises – found in 38 seizures.

In 2007-8, a total of 21 seizures resulted in 347 reptiles being recovered, including 200 tortoises.

And in 2008-9, 1,044 specimens – including 356 turtles, 111 leopard tortoises, 100 hingeback tortoises and 98 spiny-tailed lizards – were found in 32 seizures.

New species of gecko discovered in Cambodian mountain range

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Blending perfectly into the green of the tree underneath him, this new species of exceptionally well-camouflaged gecko has been discovered by a team of scientists in a previously unexplored part of Cambodia.

The species, named Cnemaspis neangthyi, was discovered during a reptile and amphibian survey in the rocky foothills of the Cardamom Mountains.

Its unique combination of colour pattern and scale characteristics mean it is almost undetectable when it blends in to the rock crevices and trees on which it lives.

It was found during a reptile and amphibian survey led by Dr Lee Grismer, La Sierra University and conservation charity Fauna & Flora International (FFI).

A statement from the FFI said: ‘Cnemaspis geckos have a relatively ancient body plan characterised by a broad flattened head, large forward and upward directed eyes, flattened body, long widely-splayed limbs and long inflected digits that help them to climb trees and hide within crevices.’

There are now 75 species of Cnemapsis known to science, of which 30 live in Southeast Asia.

FFI’s biological surveys of the Cardamom Mountains have shown the area to be one of the most important areas for biodiversity conservation in Asia.

The area is home to more than 62 threatened animals and 17 threatened tree species, many of them unique to the region.

The Cardamom Mountains contain three protected areas – Phnom Samkos Wildlife Sanctuary, Phnom Aural Wildlife Sanctuary and the Central Cardamoms Protected Forest.

This gecko has been named after Cambodian scientist Neang Thy, who heads the FFI research group, in recognition of his studies into the country’s reptiles and amphibians.

He said: ‘I am very happy and proud to have a species named after me. It gives me much pleasure and makes me feel my work as a herpetologist is being recognised.

‘There are likely many more species to be discovered in the Cardamom Mountains.

‘Maybe this will also help to involve Cambodian people more in the conservation of species, landscapes and habitats.

‘If we do not do this, many animals in Cambodia may soon become extinct and we will not be able to show them to our children.’

The Greater Cardamoms cover over 2million hectares of forest, one of the largest remaining blocks of evergreen forest in South East Asia.

It is under increasing pressures from development, the FFI added.

House Republicans Say Interior Secretary’s Proposed Snake Ban Bad for Business

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Republicans on the House Natural Resources Committee seem never to be at a loss for words when it comes to Democratic initiatives. This week the GOP members are shaking their heads over Interior Secretary Ken Salazar’s efforts to get a grip on invasive snakes invading national parks in Florida.

Going so far as to produce an image reminiscent of those 1950s and 1960s horror film posters, the Republicans headed into a subcommittee hearing on Secretary Salazar’s proposal with a suggestion that one and all Sit Back. Relax. Enjoy the Fright

Back in January the Interior secretary announced that the U.S. Fish and Wildlife Service would propose to list the Burmese python and eight other large constrictor snakes that threaten the Everglades and other sensitive ecosystems as “injurious wildlife” under the Lacey Act. The secretary made the announcement at the Port of New York, which his staff says serves as the largest point of entry in the nation for imports of wildlife and wildlife products. Last year, U.S. Fish and Wildlife Service inspectors at John F. Kennedy International Airport handled more than 27, 000 separate wildlife shipments valued at more than $1 billion, or 16 percent of all U.S. wildlife imports, according to a USFWS release.

This week the Republicans on the House Natural Resources Committee assailed that move, saying it would hurt small business owners. They added that America’s sportsmen should be used to help fight the snakes spreading out across Everglades National Park, but noted that “hunters are currently only allowed to hunt snakes with their hands or a machete, making the sport incredibly inefficient and unpopular.”

Here’s what else the GOP had to say:

“Injurious” designation under the Lacey Act would make it unlawful to import, export, transport, sell, buy or posses any of the nine constrictor snakes listed by the DOI. An outright ban on these nine constrictor snakes would result in significant economic damage to the pet industry, and those who support the sale and transportation of snakes and snake supplies. The Administration’s proposed policies are targeted at lawful pet owners and their private property and do NOTHING to address the stated concern over snakes currently existing in the wild in South Florida.Get the Facts

* There are approximately 3,800 pet retail stores across the country that average $3.5-5.25 million in annual snake sales.

* The U.S. Fish and Wildlife Service estimated the initial economic loss of snake supply revenue to be $3.6 to $10.7 million—that figure is believed to be greatly understated.

* In total, losses due to an “injurious” listing for Boa constrictors alone are expected to hit private pet dealers, pet supply stores and companies such Delta, FedEx, and UPS for a combined $1.6-$1.8 billion (Source: U.S. Association of Reptile Keepers.)

* The scope of this “injurious” listing is unprecedented and would cause severe economic pain for thousands of Americans by destroying livelihoods and possibly exacerbating the problem of constrictor snakes in South Florida as snake owners and breeders could then release their newly illegal snakes into the wild.

* Secretary Salazar based his decision on a 302-page report by the U.S. Geological Survey, which has been called into question by various scientists in a letter to the U.S. Senate’s Environment and Public Works Committee. The scientists called the report a “gross overestimate of potential habitat for these snake species” and noted the Everglades were the “the only known breeding population” for pythons as FWS notes “large constrictors are likely to be limited to the warmest areas of the US.”

* Proponents of the Lacey Act designation argue that these snakes were released into the wild by their pet owners. However, Hurricane Andrew, which devastated South Florida in 1992, completely destroyed a warehouse of exotic reptiles that potentially contained hundreds of Burmese pythons. This is thought to be a contributing factor to the prevalence of constrictor snakes in the Everglades.

* Sportsmen are good stewards of our public lands and their expertise and knowledge of the land should be used to help diminish the increasing snake population. Unfortunately, hunters are currently only allowed to hunt snakes with their hands or a machete, making the sport incredibly inefficient and unpopular.

Man hoarded snakes, GI Joes, Palm Bay police say

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PALM BAY —  — A cleaning crew preparing a foreclosed home for possible resale stepped into a snake pit Tuesday, discovering containers filled with more than 100 snakes — most, but not all, of them dead.

Officials found 17 live snakes in the home at 251 Mayport Ave. They say the homeowner had abandoned the reptiles, which included three-foot-long ball pythons, king snakes and hognose snakes.
The homeowner, Barry Walter, 43, may have been a “hoarder,” according to officials on the scene. A “hoarder” is someone who compulsively collects things — even dangerous or unsanitary items. Also found inside the home were extensive collections of comic books, Star Wars memorabilia and GI Joes.

Walter now faces 122 felony counts of animal cruelty.

“I’ve seen people hoarding animals before, but never anything like this for reptiles,” said Brian Figueroa, spokesman for Brevard County Animal Services.

Figueroa said none of the snakes or other animals were designated species of concern, which would require permits or limitations. Snakes that require permits include the Burmese python or the green anaconda, giant snakes that grow long and can put their prey in suffocating embraces.

“As for the conditions, more than 90 percent of the containers didn’t even have water,” he said. “Some of the carcasses have also been here for more than a month.”

Palm Bay Police booked Walter into the Brevard County Detention Center on Tuesday on a $244,000 bond. He has his first court hearing today.

Walter told police Tuesday he was not a snake breeder, which would require a license to sell certain species.
Got into trouble

PNC Bank filed for foreclosure on the home in February, claiming Walter was behind by $27,000 on his mortgage. Neighbors said they last saw him at the home about March 1

“He said his life had gotten into trouble, and due to medical issues had to move in with his mother,” Officer Sam Ivey said. “As for the house, it’s in foreclosure . . . It’s not livable. To put it mildly, I was disgusted. I’ve been in a lot of houses in 26 years, but I’ve never been in anything like this.”
Animal Services was called to the home at about 8 a.m. Tuesday after a cleaning crew arrived.

“We got up to the door and smelled something real bad,” said Ryan Slingsby, 25, who works for cleaning contractor Inafix. “That was when we saw the dead (python) in the window.”

Slingsby said he has seen dead pets left in foreclosed homes. He put a towel around his face and walked inside.

“We saw all of these containers with the snakes inside,” he said. “There were bags of rats in the refrigerator. This is probably the worst I’ve ever seen.”

Officers wearing gloves and masks were removing the snakes from the home Tuesday morning. All the rotted carcasses were packaged and shipped to the Cocoa landfill, officials said.
In disrepair

Property records show the home was worth $91,000 in 2009, but dropped in value to $56,000 this year. The single-story, two-bedroom home is in disrepair, and a portion of the roof is caved in. City officials said the home would have to be inspected to determine if it is habitable.

In February, Palm Bay’s code enforcement office tried to notify Walter about the condition of wood siding on the home. The city received no response. There were no complaints about animals.

“We were dealing with it from a property maintenance standpoint,” said City Manager Lee Feldman, adding that there is no restriction on reptiles. It would be difficult for city compliance officers to know what is happening inside a private home, he said. “We don’t have the ability to go inside someone’s home.”

Alex Earle, 50, staying with a friend across the street, looked on in horror Tuesday at the stacked containers on the front lawn.

“I used to keep snakes when I was a kid,” Earle said. “If you keep a snake or two, that’s understandable. But this is beyond pets. It’s really just sad.”

DEP again nixes Walmart plan, but Christie wants it approved

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TOMS RIVER — Gov. Chris Christie said his administration “is in the process of trying to figure out a way to get this done,” after regulators at the state Department of Environmental Protection denied a coastal development permit for the proposed Walmart off Route 37 West.

“It will get more review, and the DEP commissioner will be meeting with the folks at Walmart to talk about alternatives to their current plan that will make it workable,” Christie said of the rejection, which came despite a sweeping redesign of the Walmart site plan.

As it stands now, the project still would replace too much woodland with pavement and take away habitat for the threatened northern pine snake, state environmental regulators said in denying a coastal development permit.

“There may be a way around it,” Christie told the Asbury Park Press editorial board Tuesday afternoon. “The DEP is working on it.”

It’s the second rejection since June 2006, when developer Jay Grunin and Walmart officials saw their initial proposal turned down after a Coastal Area Facility Review Act application. During an appeal of that first decision, meetings between the developer and staffers at the state DEP led to a new plan for a somewhat downsized store on a site squeezed more onto the Toms River side of the property, leaving much of a portion in Manchester to be preserved as woodland and pine snake habitat.

“Now the process starts to try to rectify some of the concerns they have,” Robert Shea, the applicant’s lawyer, said, striking an optimistic tone. “It was a bit of a surprise to say the least” that pine snakes still are an issue even with plan changes to set aside habitat, Shea said. “That’s going to be hashed out with some of the agency people and case managers.”

Mayors miffed

 

Municipal officials in Toms River and Manchester — who would share property tax revenue from the store straddling their boundary — have been adamant supporters of Walmart since the project was first proposed in 2004. Manchester Mayor Michael Fressola said he and Toms River Mayor Thomas Kelaher will press Christie to intervene.

“Holy mackerel. First they blackmail the guy (Grunin) and forced him to buy the land on Beckerville Road,” Fressola said, referring to Grunin’s plan to mitigate the project with enhanced pine snake habitat west of Lakehurst. “Then they reject him anyway. . . . This organization is creating more problems for municipalities. It’s not a coastal town, for gosh sakes.”

One key factor in the rejection was a review by the state Endangered and Nongame Species Program, which submitted a report March 10 warning that the project “would have direct adverse impacts upon threatened species habitat on site” through the use of 21.4 acres of existing woodland — despite the designers setting aside some woodland for preservation and a buffer area around a snake den site found in 2005.

“Significantly, ENSP’s findings indicate that secondary impacts are likely to include the abandonment of the existing, on-site northern pine snake hibernaculum, due to the failure to adequately buffer this den from the proposed development,” CAFRA reviewers wrote.

The CAFRA report also mentions the DEP’s Landscape Project wildlife habitat maps.

“The Landscape Project is a reliable, scientific tool for guiding where growth should or should not occur,” said Helen Henderson of the American Littoral Society, an environmental group that is critical of the Walmart plan.

The Landscape Project came under attack in a report on the DEP by a Christie administration transition team, which cited it as an example of what they say is illegal overreach by the agency.

Local hearings go on

The CAFRA rejection was issued March 15, said DEP spokesman Larry Hajna. Concurrent with the state application, Walmart’s plans have been the subject of parallel hearings before the Toms River and Manchester planning boards. The hearings will continue this spring while the applicants confer with DEP officials, Shea said.

In a 21-page letter signed by David B. Fanz, manager of the DEP’s Bureau of Coastal Regulation, CAFRA reviewers said the applicants satisfied 13 sets of coastal rules, and enumerated nine shortcomings they found in the Walmart plan. The top problems include:

Pine snakes: Despite the developer’s efforts, there still is not enough buffer area to allow snakes to continue using their habitat, the reviewers said.

Impervious cover: Developer Grunin and Walmart officials proposed using 14.85 acres on the 43.3-acre site for the building and pavement. But citing rules on “special water areas,” the DEP calculated the net land area at 36.6 acres. By that reckoning, impermeable cover would total 40.5 percent of the land area, beyond the 30 percent allowed by CAFRA.

Tree and shrub coverage: The redesigned plan still falls short in terms of vegetative cover, the reviewers said.

Part of the determination on impervious cover and trees revolved around whether the site is governed by CAFRA rules for suburban areas, or those for coastal centers, which allow for more intensive land use and impervious coverage. Reviewers said the suburban planning rules, with their more stringent requirements for keeping open land, would apply in this case.