Venomous Reptiles Bill to Make Release a Felony Offense 

Snake lovers express concern over far-reaching impacts

Above: Eastern coral snake, one of six venomous snakes native to Florida (Photo by Daniel Parker)

Animal welfare advocates, scientists, nuisance wildlife trappers, and snake enthusiasts are concerned that a bill moving through the Florida legislature will make it a felony to release a live, native venomous snake for research, conservation, or humane relocation purposes. The Florida Fish and Wildlife Conservation Commission (FWC) drafted the text for SB1164 and the accompanying HB1161 and has lobbied their progress under the pretext of preventing the illegal sale and release of venomous reptiles, especially nonnative species. However, the broad wording of the text of the bill seems to prohibit the humane relocation and release of native venomous snakes.

Florida is home to six native species of venomous snakes. These include the Eastern diamondback rattlesnake, Canebrake (Timber) rattlesnake, Dusky pygmy rattlesnake, Florida cottonmouth (“Water moccasin”), Southern copperhead, and Eastern coral snake. Two of those species, the Canebrake rattlesnake and Southern copperhead, are only found in small areas of Northern Florida. The Eastern diamonback rattlesnake is a candidate species for Federal listing under the Endangered Species Act. Despite the prevalence of these species in Florida, bites are relatively rare. The majority of snake bites in Florida involve people intentionally handling or trying to kill the snakes.

Above: Dusky pygmy rattlesnake, the smallest of Florida’s venomous snakes (Photo by Daniel Parker)

 Above: Canebrake rattlesnake, a species only occurring in northeastern Florida (Photo by Daniel Parker)

The concerning text of the bill is as follows: "A person who knowingly releases a venomous reptile or who through gross negligence allows a venomous reptile to escape commits a Level 4 violation, punishable as provided in 379.4015." The text of the bill does not specify that it applies to nonnative venomous species.

Under the provisions of this bill, a violation of this law will be punishable by up to five years prison, five years probation, and a $5,000 fine. Data does not support the claim that increased penalties reduce violations. However, such punitive measures are often politically popular.

Native venomous snakes are frequently captured and released in scientific research projects. Stetson University is well known for its decades of research on biology and habitats of Dusky pygmy rattlesnakes in Central Florida. University of Central Florida has conducted several studies on the impacts of roads on wildlife which have necessitated the capture, tagging, and recapture of native venomous snakes. "Venomous snakes play a valuable role in the ecology of Florida's last remaining wild regions," said Daniel Parker, an environmental scientist with DRMP and formerly of University of Central Florida. "Research on the ecology of native venomous snake species is necessary to understand the ecosystem as a whole. Without exceptions in the language of the bill, that valuable research is threatened," said Parker.

Above: Eastern diamondback rattlesnake trapped for research by University of Central Florida  (Photo by Adam Casavant) 

 Above: Eastern diamondback rattlesnake captured for research by Daniel Parker of University of Central Florida before being tagged and released (Photo by Adam Casavant) 

Above: Eastern diamondback rattlesnake captured, tagged, and released as part of a University of Central Florida research project (Photo by Daniel Parker)

Tony Daly-Crews, founder of the Rattlesnake Conservancy, said of the bill, “If applied in the way it is read, any permittee would not be able to legally capture and relocate or release captured study animals.” Daly-Crews is not alone in his concern. Chase Pirtle, biologist and Manager of the Ashton Biological Preserve, said, "This bill has the potential to hinder conservation efforts, community education, as well as vital field research. FWC continues to focus on issues that are not addressing Florida's true conservation threats."

Nuisance wildlife trappers have also expressed concern that this bill would eliminate humane relocation of native venomous snakes. Most of these trappers prefer to relocate live venomous snakes away from residential areas and release them in areas where they pose little risk to people. Reptile enthusiast Marisa Ai Ishimatsu commented, “Basically they want all venomous snakes to be killed? That seems to be the only way to deal with a nuisance snake that’s been removed.”

Above: Southern Copperhead, a species only found in some areas of the Florida panhandle (Photo by Daniel Parker)

  

 Above: Florida cottonmouth (or “Water moccasin”) showing white interior of the mouth (Photo by Daniel Parker)

Glenn Bartolotti, the founder of Project Simus Florida, an organization which promotes conservation of native snakes and protection of habitat, said, "This bill doesn't fix any problems with our environment or conservation of our wildlife; it complicates things and creates more problems." Bartolotti added, "They're making too many rules that can't be followed in any kind of logical manner. The only thing that is really going to help Florida's environment is to stop destroying it."

Katrina Shadix of Bear Warriors United released a statement on her Facebook page addressing the bill: "With 1000 new people moving to Florida every day, it is unfortunate that some of them have trouble accepting and peacefully coexisting with our native wildlife, be that bears or snakes. I'm constantly seeing people post on social media about killing snakes and other animals. By failing to provide a humane option for live relocation of venomous snakes, this bill is encouraging people to kill snakes. This law could make the assault on our native wildlife even worse than it is now. I hope that this bill will be reconsidered so that it does not discourage those who might relocate native snakes for humane or conservation purposes."

Out of concern for the potential for overreach by FWC, the United States Association of Reptile Keepers Florida (USARK FL) requested the text of the bill after it was announced as a legislative initiative at the December 2022 FWC meeting. FWC did not comply with this request. "We are not against reasonable regulation," said USARK FL President Elizabeth Wisneski. She added, "Unfortunately, as with other FWC rules and legislation created without stakeholder input, this bill will likely have unintended consequences."

To obtain a permit from FWC to keep venomous reptiles in captivity, permittees must document 1000 hours of experience working with the family of the venomous reptile they intend to keep. They must also adhere to strict facility and caging standards, which are enforced by regular FWC inspections. Florida is one of the top producers in the world of venom to support the production of antivenin to treat snake bite. 

FWC has indicated that the primary intent of this legislation is to enhance penalties for violations of existing law. Statistics do not support the need for that. Historically, there have been relatively few citations issued for activities involving venomous reptiles, because the vast majority of individuals who work with venomous reptiles comply with the law.

Central Florida attorney and noted conservationist Curt Harbsmeier said, "They are turning law abiding citizens, most of whom have no criminal record whatsoever, into criminals in many cases. Absent malice aforethought, none of this stuff should be a felony."

View the bills at these links: 

https://www.flsenate.gov/Session/Bill/2023/1164 

https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=77947&SessionId=99

For additional photos or information on this topic, or to schedule an interview, please call 863-441-5067 or email media@usarkfl.net.

USARK FL FILES MOTION FOR SUMMARY JUDGMENT IN LAWSUIT AGAINST FWC ON BEHALF OF REPTILE KEEPERS

 

Above: Various captive color morphs of Green Iguana, a common pet species banned in 2021 by FWC’s “Prohibited Species” rules (Photo by Travis deLagerheim, who has granted permission for his photo to be reprinted for release)

The United States Association of Reptile Keepers Florida (USARK FL) has filed a Motion for Summary Judgment in their lawsuit against the Florida Fish and Wildlife Conservation Commission (FWC) in case number 2021-CA-977 in Leon County Circuit Court. USARK FL and several individual USARK FL members are challenging FWC's 2021 rule amendments that moved several species, including Green iguanas and Tegus, to a newly-created "Prohibited Species" list, essentially ending the live animal trade in these species in Florida. 

An excerpt from USARK FL’s Summary of Argument in the Motion for Summary Judgment is copied here:

The Florida Fish and Wildlife Conservation Commission (“FWC”) is constitutionally endowed with the regulatory and executive power of the state with respect to “wild animal life.” Art. IV, § 9, Fla. Const. (emphasis added). With this provision as its exclusive authority, FWC amended chapter 68-5, Florida Administrative Code (“Amended Rules”), in February 2021 with the goal of prohibiting the commercial breeding of certain caged animals including Plaintiffs’.

FWC plays a critical role in protecting, preserving, and promoting Florida’s wild animal life, but like every other executive agency, FWC must stay within its constitutional lane and observe due process when rulemaking. FWC has done neither in adopting the Amended Rules. This is a facial and as applied challenge to the Amended Rules asking this Court to declare whether they have the unconstitutional purpose and effect of prohibiting commercial breeding of caged animals that are not “wild animal life” and have no adverse impacts on wild animal life.

Plaintiffs also ask this Court to declare whether FWC has violated procedural due process under state law by virtue of: failing to notice the actual purpose of the Amended Rules to shutter the breeding industry; failing to consider statements of lower cost regulatory alternative (“LCRAs”) proposed by Plaintiff USARK Florida on behalf of its members due to the unnoticed purpose; failing to prepare an adequate statement of estimated regulatory costs (“SERC”); failing to enact the Amended Rules on a credible biological basis; and biasing the final rule adoption hearing.

In 2010, FWC created the Conditional Species list and associated regulations with the input of reptile keepers. Conditional Species rules allowed keepers to obtain a permit to work with certain nonnative species of reptiles, such as Burmese pythons, under a system that required microchipping of animals, adherence to strict caging standards, and regular inspections by FWC. Conditional Species regulations were successful in preventing escapes and releases of the nonnative species they regulated. During the rule making process that resulted in the 2021 rule changes, USARK FL asked that FWC maintain the Conditional Species framework and even suggested that FWC could place Green iguanas and Tegus on the Conditional Species list, as those species were previously subject to less stringent regulation. FWC rejected this input and instead moved all of the impacted species to the “Prohibited Species” list, which prompted this lawsuit.

USARK FL’s Motion for Summary Judgement may be viewed here:

https://usarkfl.wildapricot.org/resources/Documents/Filed%20Motion%20for%20Summary%20Judgment.pdf  

 

For the most up-to-date case docket, use the search function on the Leon County Circuit Court website and input case number 2021 CA 977. Be sure to disable pop-up blockers on your browser to allow the site to function properly. 

https://cvweb.leonclerk.com/public/online_services/search_courts/search_by_name.asp

 

For additional photos or information on this topic, or to schedule an interview, please call 863-441-5067 or email media@usarkfl.net.

FWC Continues to Fall Short on Diamondback Terrapin Conservation

Poaching of Diamondback terrapins continues. Commercial crab traps may continue to drown terrapins, despite new requirements for by-catch reduction devices on recreational traps.

Above: Carolina Diamondback terrapins drowned in crab trap in Northeast FL (Photo courtesy of Holland Incitti)

There are many challenges facing Diamondback terrapins in the wild. The biggest of these may be drowning in crab traps. As FWC’s new requirement of “by-catch reduction devices” (BRD) on recreational crab traps goes into effect today, March 1, 2023, commercial crab traps are likely to continue to drown terrapins. By favoring commercial crabbers over recreational crabbers, FWC is violating the spirit of the North American Model of Wildlife Conservation. Road mortality and predation by subsidized predators like raccoons continues. Threats to terrapin habitats from coastal development still persist. With high demand and market values, the motives for poaching still exist. 

Above: Shell of dead adult female Ornate diamondback terrapin found at a known nesting site in Hernando County, FL, likely the result of predation by a raccoon. (Photo by Daniel Parker)

Above: Roadkill hatchling Ornate diamondback terrapin in Hernando County, FL (Photo by Daniel Parker)

Florida’s turtle breeders believed that they could help address at least one of those threat as they supported a program allowing for captive breeding of terrapins and the sale of captive bred offspring. The result would be the availability of a captive bred alternative to poached wild caught animals in the market and an assurance colony of terrapins as a backup to wild populations. Terrapins reproduce readily in captivity. Florida turtle breeders already produce millions of captive bred turtles annually. A single facility in Okeechobee County produces 500,000 turtles per year. Several other breeders report producing many thousands of captive bred turtles per year.  

Above: Female Diamondback Terrapin nesting in captivity (Photo by Ed Komara Jr.)

The Diamondback terrapin is a unique species of turtle that inhabits Florida’s salt marshes and mangrove swamps. Due to their beauty and personable nature, people all over the world like to keep terrapins as pets. The high demand for terrapins in Asia, especially China, has driven illegal wild collection to dangerous and potentially unsustainable levels. USARK FL (United States Association of Reptile Keepers Florida) proposed a program to FWC to allow the legal captive breeding of terrapins in Florida to supply the trade with captive bred animals, which it believed would discourage illegal collection of wild terrapins. That proposal may be seen here:

A Proposal for the Captive Breeding of Diamondback Terrapins.pdf

Founder of the Turtle and Tortoise Preservation Group (TTPG), Russ Gurley, has offered positive comments on captive breeding to FWC. “Captive breeding of threatened species not only alleviates the need for people to remove turtles from nature, but it assures that future hobbyists have access to healthy, stress-free, parasite-free animals,” said Gurley. He added, “Captive breeding helps create assurance colonies across the country in case a need arises to repopulate areas that have been wiped out by manmade or natural disasters. We strongly believe that legal captive breeding of Diamondback Terrapins in Florida could supply the reptile trade with these healthy, captive-bred offspring and remove great pressure placed on wild populations.”

 Colette Adams, Deputy Director of Gladys Porter Zoo, and a noted expert on the breeding and conservation of turtles, has supported USARK FL’s proposal. Adams said, “As a member of the IUCN Crocodilian Specialists Group, I can say as a matter of fact, that there are a number of species that have been saved from extinction by sustained utilization, by breeding them in captivity and preventing their capture from the wild.” 

Ashton Biodiversity Research and Preservation Institute, an organization that was instrumental in convincing FWC to end legal entombment of gopher tortoises over a decade ago, now supports the implementation of a captive breeding program for terrapins. “We believe that allowing turtle breeders in Florida to breed this species in captivity would provide a source of animals for commerce. The availability of healthy, captive bred terrapins would provide an alternative to terrapins illegally collected from the wild. This in turn will significantly help the Diamondback terrapins and the ecosystems they inhabit. A captive breeding population of Diamondback terrapins could also serve as a source to help restore wild populations with genetic diversity if the terrapin’s population continues to decline in the wild,” said Pat Ashton, Director of the Institute. 

Chase Pirtle, Manager of Ashton Biological Preserve, stated that “due to the current threats terrapins are facing, as well as the challenges they will be confronted with in the foreseen future, a captive breeding program for the Diamondback terrapin is essential for the future of this species.”

Respected herpetologists Dirk Stevenson (Altamaha Environmental Consulting, The Orianne Society), and Dr. David Rostral (Georgia Southwestern University) have also offered their endorsements of USARK FL’s captive breeding proposal.  

The remarkable recovery of the American alligator through farming efforts has proven that captive breeding of reptiles can be effective in reducing poaching by supplying the market with captive-produced products. Brendan J. Moyle of Massey University documents this occurrence in Conservation that’s more than skin-deep: Alligator farming here:

https://www.researchgate.net/publication/257538487_Conservation_that's_more_than_skin-deep_Alligator_farming

National Geographic reported that after the Colombian government permitted a captive breeding program of Poison dart frogs to supply the international pet trade, the price of the most highly-demanded species fell from $150 to $35, thus making it economically impractical for illegal traffickers to risk collecting and smuggling them. https://www.nationalgeographic.com/animals/article/poison-dart-frogs-breeding-colombia-wildlife 

The BBC recently reported that scientists at the University of Durham in the UK have advocated for captive breeding and commercialization as a strategy to recover songbird populations which have been impacted by over collection for the Asian pet trade.

https://www.bbc.com/news/science-environment-62918776#amp_tf=From%20%251%24s&aoh=16633863476153&csi=0&referrer=https%3A%2F%2Fwww.google.com&ampshare=https%3A%2F%2Fwww.bbc.com%2Fnews%2Fscience-environment-62918776 

Dr. Whit Gibbons of University of Georgia and founder of Southeast Partners in Amphibian and Reptile Conservation (SEPARC) supports the captive breeding proposal for Diamondback terrapins. “The availability of captive-bred animals removes pressure on wild populations,” said Gibbons. He continues, “USFWS (United States Fish and Wildlife Service) has given a positive statement about alligator snappers being raised in captivity.”  Gibbons refers to a recent USFWS document proposing the Federal listing of the Alligator Snapping turtle, which states: “The service recognizes that turtle farming can alleviate harvest of wild stock and provides a means to serve international markets without affecting wild populations in the future.”

Gibbons added, “The examples of other species of animals where captive breeding has been implemented as a solution to reduce pressure on wild populations are encouraging. Diamondback terrapins mature quickly and breed easily in captivity. They produce many offspring, ensuring that breeders would be able to impact markets fairly quickly.”

  

Above: Dr. Whit Gibbons of University of Georgia and Daniel Parker of USARK FL at the International Herpetological Symposium in Atlanta, GA 6-13-22 (Photo by Parker Gibbons)

Stephen Chew, the author of the book Diamondback Terrapins: Gems of the Turtle World said, “Prohibiting the collection of wild animals increase their black market value if the demand is not met with captive bred specimens. This in turn incentivizes

illegal activity such as animal trafficking.”

Daniel Parker, a Spokesperson for USARK FL, said, “Our goal should be to keep wild terrapins in the wild. Unfortunately, banning terrapins as pets or for breeding has not really accomplished that goal.” Parker, who is also a conservation biologist and turtle breeder, added, “Prohibition has only increased the value of these animals in the trade, especially in Asia. Prices are sometimes in the thousands of dollars per terrapin, depending on the subspecies. This provides ample motivation for people to poach them out of the wild.”

“A captive breeding program should be regulated to ensure that any turtles sold can be verified as captive bred offspring and that adult breeder animals are not replaced with wild caught animals,” added Parker. 

Portia Sapp, the Aquaculture Director for FDACS (Florida Department of Agriculture and Consumer Services) said that her department is willing to administer a terrapin breeding program, as they already do with other turtle farmers, so the program would not require FWC to incur additional administrative costs.

Despite widespread support from conservation groups, scientists, and turtle breeders, at the FWC Commission Meeting November 1, 2022, the FWC Commissioners decided to not consider captive breeding as a conservation solution. USARK FL’s proposal for the captive breeding of terrapins was not allowed to be presented to the Commissioners, despite requests from USARK FL to FWC Chairman Rodney Barreto and FWC biologist Melissa Tucker. During the meeting, Melissa Tucker presented an incorrect timeline of the history of regulations to the Commission, stating that terrapin breeding had been banned in 2006, when in fact captive breeding was not effectively banned until FWC banned possession of terrapins in 2021. Despite Tucker’s claim, no new rule concerning Diamondback terrapins was made in 2006. The majority of public stakeholder comments, including at the meeting and in FWC webinars leading up to the meeting, was in favor of a captive breeding program. A notable exception was the Center for Biological Diversity, which consistently supports all bans of reptiles in captivity. 

Recent seizures of poached wild caught Mangrove Diamondback terrapins by FWC have proven that poaching of wild terrapins will continue to be a problem unless the supply of legal captive bred animals increases. The Mangrove terrapin subspecies, which is found only in Florida, fetches prices of over $10,000 per animal in the trade. Threats to wild Diamondback terrapins in Florida will continue to include mortality from drowning in crab traps, habitat destruction, sea level rise, road mortality, predation, and poaching. 

Below: Ornate diamondback terrapin in Hernando County, FL (Photo by Daniel Parker)

For additional photos or information on this topic, or to schedule an interview, please call 863-441-5067 or email media@usarkfl.net.

FWC Interim Executive Director Thomas Eason and Chairman Rodney Barreto at the FWC Commission Meeting 2-21-23, Photo by Daniel Parker

 

FWC Chairman Rodney Barreto's call for immediate action to restrict nonnative species was stunning to pet keepers, small businesses, and farmers who have been working with FWC staff on a "Technical Assistance Group" (TAG) to address nonnative species issues within Florida. At the last TAG meeting on February 9, 2023, FWC Biologist Sarah Funck told the members of the group that they could expect to see a new regulatory framework take shape by the end of the year. In calling for staff to rush to take action by the next Commission meeting in May, FWC Chairman Rodney Barreto has once again chosen to bypass due process and stakeholder input in favor of creating rash, poorly-informed policies. 

 

“I have no qualms about saying that we are shutting down Florida to invasive species,” said Barreto at the FWC Commission meeting on February 21, 2023. The definition of “Invasive Species” was standardized by Executive Order 13112 signed by US President Bill Clinton on February 3, 1999. “Invasive Species” means an alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health. By that definition, very few of the nonnative species that have become established in Florida actually qualify as “Invasive Species.” Before implementing “Prohibited Species” rules in 2021, FWC failed to perform a scientific risk analysis to determine if Green iguanas or Tegu lizards even met the definition of “Invasive,” opting instead for a public relations campaign to demonize the lizards.

A Meeting of the FWC Nonnative Fish and Wildlife TAG was held 2-9-23, Photo by Daniel Parker

 

The pet industry is heavily regulated within Florida and has been for many decades. Florida has some of the most stringent permitting requirements of any state. Businesses that breed, import, or sell reptiles have to apply for import permits, submit inventories, and maintain receipts documenting sources of all animals, down to the smallest, most inoffensive lizard and tortoise. Strict caging requirements and animal welfare standards are enforced. Burmese pythons have been off limits to pet keepers for over a decade. Chairman Barreto's assertion that we have "open borders" on nonnative species displays not only his ignorance of his own agency's rules, but also prejudice and political opportunism.

 

Chairman Barreto has been in power at FWC for the better part of two decades. His apparent misunderstanding of the regulations that FWC has already implemented and the amount of data they possess on nonnative species being kept within the state is surprising, given the length of time he has been there. The discussions on “Invasive Species” by the Commissioners at the recent meeting displayed their ignorance on the species they were discussing. The agama lizard that they were treating as a "new problem" has been established in Florida for around a half a century and does not meet the definition of “Invasive.” Sadly, it appears that Chairman Barreto wants to use Florida's pet keepers and small businesses as a political punching bag. FWC has chosen to stir hysteria and ignore science when it has suited their purposes. 

 

FWC’s internal documents have acknowledged that their regulations would hurt small business. The “Notice of Proposed Rule” for rule 68A-6.003, which was passed in May of 2022, said, “The Agency has determined that this will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule.” According to reptile keepers, that rule does not give them the same due process and private property rights as other small businesses in Florida.

 

FWC's “Prohibited Species” rules have already damaged many small businesses and hurt families with cherished pets and companion animals. Many animals have been confiscated and needlessly euthanized by FWC. Moreover, these restrictive rules have done nothing to reduce the Burmese python population in the Everglades, Green iguanas in South Florida, or Tegu populations where they exist. In fact, just as animal industry experts predicted, all of these populations continue to grow under these regulations.

 

Baby Green Iguana from Broward County, FL- Photo by Daniel Parker

 

Green iguanas were first reported in Florida around 70 years ago. There is no conclusive evidence linking their introduction to the pet industry. In fact, many have speculated that they were transported on cargo ships bound for Florida from Latin America. These vegetarian lizards have established themselves throughout much of coastal South Florida, especially in heavily developed areas, but are very cold sensitive and unable to survive even subtropical winters further north in Florida.  

 

Up until FWC passed “Prohibited Species” rules three years ago, collectors and small businesses were removing and exporting around one million live iguanas from Florida per year. Since FWC's ill-conceived rules were implemented, most of that wild collection and export has ceased, and the wild iguana population in South Florida has exploded. FWC's statements encouraging citizens to kill iguanas have led to numerous conflicts and injuries to people as well as animal abuse. Public backlash against the FWC iguana killing spree has led to iguanas being treated as a protected species in Miami-Dade County. Miami-Dade County Parks and Recreation biologist Jennifer Stern has told iguana collectors that they may not remove iguanas from parks or even sidewalks within the county. 

 

Combined, Florida's reptile and tropical fish industries generate at least $500 million annually within Florida. These industries provide jobs for thousands of people. Fish keeper and member of the Florida Tropical Fish Farmers Association (FTFFA) Joe Hiduke said, "There is no practical way to evaluate all of the species of fish in the trade (let alone mollusks, crustaceans, reptiles, birds, etc). Hobbyists are terrified that we'll end up with a list of allowed species that only includes the most basic types that are traded in high volume. This essentially eliminates the hobby from the state that has been at the forefront of raising ornamental fish for decades.”

 

Florida’s reptile keepers believe that the actions of FWC have threatened their ability to continue to operate as small businesses. In 2022, President of the United States Association of Reptile Keepers Florida (USARK Florida), Elizabeth Wisneski, wrote a letter to Governor Ron DeSantis asking him to protect the small businesses of reptile keepers. “Our businesses are threatened by regulations being imposed by the Florida Fish and Wildlife Conservation Commission (FWC). Conservatively, the reptile industry in Florida generates at least $225 million annually, and we are an industry comprised entirely of small businesses,” said Wisneski. “We contribute significantly to the economy of the state and we rely on the incomes of our businesses to support our families and our employees.” She asked that Governor DeSantis, “stand up for our small businesses, as you have for other businesses in Florida.” 

 

By continuing to ignore the input of Florida's farmers and small businesses in the creation of sensible regulations, Chairman Barreto and FWC are ensuring that the Commission's policies will continue to be not only unpopular, but ineffective.  As an appointee of a Governor who is a defender of small business and against shut downs, Chairman Barreto's insistence on shut downs and policies that hurt small business is surprising. These poorly thought out policies are resulting in the deaths of many animals and are doing very little to actually address the issue of invasive species in a meaningful way. 

 

A Change.org petition asking Governor Ron DeSantis to address stakeholder complaints and reign in the Florida Fish and Wildlife Conservation Commission (FWC) has received around 18,000 signatures. The petition has garnered widespread support from keepers of fish, reptiles, amphibians, birds, mammals, and invertebrates. See the petition here:

https://www.change.org/p/fwc-mandates-threaten-pet-owners-and-small-business-fl-animal-owners-ask-gov-to-intervene?redirect=false

 

For more information on this topic, or to schedule an interview, please call 863-441-5067 or email media@usarkfl.net. Media outlets are given permission by Daniel Parker to print the photos contained in this press release. 

Captive Breeding of Diamondback Terrapins to be discussed at FWC Meeting in Panama City Today Nov 30.

Proposal for captive breeding supported by conservation groups and scientists

 

Above: Captive bred Diamondback Terrapins hatching (Photo by Ed Komara Jr.)

The Diamondback terrapin is a unique species of turtle that inhabits Florida’s salt marshes and mangrove swamps. Due to their beauty and personable nature, people all over the world like to keep terrapins as pets. The high demand for terrapins in Asia, especially China, has driven illegal wild collection to dangerous and potentially unsustainable levels. USARK FL (United States Association of Reptile Keepers Florida) has proposed a program to FWC (Florida Fish and Wildlife Conservation Commission) to allow the legal captive breeding of terrapins in Florida to supply the trade with captive bred animals, which it believes would discourage illegal collection of wild terrapins. That proposal may be seen here:

Founder of the Turtle and Tortoise Preservation Group (TTPG), Russ Gurley, has offered positive comments on captive breeding to FWC. “Captive breeding of threatened species not only alleviates the need for people to remove turtles from nature, but it assures that future hobbyists have access to healthy, stress-free, parasite-free animals,” said Gurley. He added, “Captive breeding helps create assurance colonies across the country in case a need arises to repopulate areas that have been wiped out by manmade or natural disasters. We strongly believe that legal captive breeding of Diamondback Terrapins in Florida could supply the reptile trade with these healthy, captive-bred offspring and remove great pressure placed on wild populations.”

Ashton Biodiversity Research and Preservation Institute, an organization that was instrumental in convincing FWC to end legal entombment of gopher tortoises over a decade ago, now supports the implementation of a captive breeding program for terrapins. “We believe that allowing turtle breeders in Florida to breed this species in captivity would provide a source of animals for commerce. The availability of healthy, captive bred terrapins would provide an alternative to terrapins illegally collected from the wild. This in turn will significantly help the Diamondback terrapins and the ecosystems they inhabit. A captive breeding population of Diamondback terrapins could also serve as a source to help restore wild populations with genetic diversity if the terrapin’s population continues to decline in the wild,” said Pat Ashton, Director of the Institute.

 

Chase Pirtle, Manager of Ashton Biological Preserve, stated that “due to the current threats terrapins are facing, as well as the challenges they will be confronted with in the foreseen future, a captive breeding program for the Diamondback terrapin is essential for the future of this species.”

 

Respected herpetologists Dirk Stevenson (Altamaha Environmental Consulting, The Orianne Society), and Dr. David Rostral (Georgia Southwestern University) have also offered their endorsements of USARK FL’s captive breeding proposal. 

 

Gibbons added, “The examples of other species of animals where captive breeding has been implemented as a solution to reduce pressure on wild populations are encouraging. Diamondback terrapins mature quickly and breed easily in captivity. They produce many offspring, ensuring that breeders would be able to impact markets fairly quickly.”

 

Stephen Chew, the author of the book Diamondback Terrapins: Gems of the Turtle World said, “Prohibiting the collection of wild animals increase their black market value if the demand is not met with captive bred specimens. This in turn incentivizes

illegal activity such as animal trafficking.”

 

Daniel Parker, a Spokesperson for USARK FL, said, “Our goal should be to keep wild terrapins in the wild. Unfortunately, banning terrapins as pets or for breeding has not really accomplished that goal.” Parker, who is also a conservation biologist and turtle breeder, added, “Prohibition has only increased the value of these animals in the trade, especially in Asia. Prices are sometimes in the thousands of dollars per terrapin, depending on the subspecies. This provides ample motivation for people to poach them out of the wild.”

 

“A captive breeding program should be regulated to ensure that any turtles sold can be verified as captive bred offspring and that adult breeder animals are not replaced with wild caught animals,” added Parker. 

 

Threats to wild Diamondback terrapins include mortality from drowning in crab traps, habitat destruction, sea level rise, road mortality, predation, and poaching. Florida’s turtle breeders can help address at least one of those threats. USARK FL supports a program allowing for captive breeding of terrapins and the sale of captive bred offspring. The result would be the availability of a captive bred alternative to poached wild caught animals in the market.

 

Portia Sapp, the Aquaculture Director for FDACS (Florida Department of Agriculture and Consumer Services) said that her department is willing to administer a terrapin breeding program, as they already do with other turtle farmers, so the program would not require FWC to incur additional administrative costs.

 

The captive breeding of Diamondback terrapins will be discussed at today’s FWC Commission meeting on Nov 30, 2022. Concerned citizens may give public comments at the meeting.

 

The meeting can be viewed live starting at 8:30AM on Nov. 30 at:

Thefloridachannel.org

 

See this link for more information:

https://myfwc.com/about/commission/commission-meetings/november-2022/

 

Below: Ornate diamondback terrapin in Hernando County, FL (Photo by Daniel Parker)

 

For additional photos or information on this topic, or to schedule an interview, please call 863-441-5067 or email media@usarkfl.net.

Above: Ornate diamondback terrapin in Hernando County, FL (Photos by Daniel Parker)

The Diamondback terrapin is a unique species of turtle that inhabits Florida’s salt marshes and mangrove swamps. Due to their beauty and personable nature, people all over the world like to keep terrapins as pets. The high demand for terrapins in Asia, especially China, has driven illegal wild collection to dangerous and potentially unsustainable levels. USARK FL (United States Association of Reptile Keepers Florida) has proposed a program to FWC (Florida Fish and Wildlife Conservation Commission) to allow the legal captive breeding of terrapins in Florida to supply the trade with captive bred animals, which it believes would discourage illegal collection of wild terrapins.

That proposal may be seen here:

 A Proposal for the Captive Breeding of Diamondback Terrapins.pdf 

The remarkable recovery of the American alligator through farming efforts has proven that captive breeding of reptiles can be effective in reducing poaching by supplying the market with captive-produced products. Brendan J. Moyle of Massey University documents this occurrence in his article, Conservation that’s more than skin-deep:Alligator farming. (below)

https://www.researchgate.net/publication/257538487_Conservation_that's_more_than_skin-deep_Alligator_farming 

National Geographic reported that after the Colombian government permitted a captive breeding program of Poison dart frogs to supply the international pet trade, the price of the most highly-demanded species fell from $150 to $35, thus making it economically impractical for illegal traffickers to risk collecting and smuggling them.

https://www.nationalgeographic.com/animals/article/poison-dart-frogs-breeding-colombia-wildlife 

The BBC recently reported that scientists at the University of Durham in the UK have advocated for captive breeding and commercialization as a strategy to recover songbird populations which have been impacted by over collection for the Asian pet trade.

https://www.bbc.com/news/science-environment-62918776 

Dr. Whit Gibbons of University of Georgia supports the captive breeding proposal for Diamondback terrapins. “The availability of captive-bred animals removes pressure on wild populations,” said Gibbons. He added, “USFWS (United States Fish and Wildlife Service) has given a positive statement about alligator snappers being raised in captivity.”  Gibbons refers to a recent USFWS document proposing the Federal listing of the Alligator Snapping turtle, which states: “The service recognizes that turtle farming can alleviate harvest of wild stock and provides a means to serve international markets without affecting wild populations in the future.”

The examples of other species of animals where captive breeding has been implemented as a solution to reduce pressure on wild populations are encouraging. Diamondback terrapins mature quickly and breed easily in captivity. They produce many offspring, ensuring that breeders would be able to impact markets fairly quickly.

“Florida’s turtle breeders are some of the best in the world and would have the ability to produce many thousands of captive bred terrapins within a few years if allowed to do so,” said USARK FL spokesperson Daniel Parker, who is also a conservation biologist and turtle breeder. “This program should be regulated to ensure that any turtles sold can be verified as captive bred offspring and that adult breeder animals are not replaced with wild caught animals,” added Parker. 

Threats to wild Diamondback terrapins include habitat destruction, sea level rise, mortality from drowning in crab traps, road mortality, predation, and poaching. Florida’s turtle breeders can help address at least one of those threats. USARK FL supports a program allowing for captive breeding of terrapins and the sale of captive bred offspring. The result would be the availability of a captive bred alternative to poached wild caught animals in the market. 

Portia Sapp, the Aquaculture Director for FDACS (Florida Department of Agriculture and Consumer Services) said that her department is willing to administrate a terrapin breeding program, as they already do with other turtle farmers, so the program would not require FWC to incur additional administrative costs.

The captive breeding of Diamondback terrapins will be discussed at the next FWC Commission meeting on September 28, 2022. Concerned citizens may give public comments at the meeting or comment online.

See this link for more information:

https://myfwc.com/about/commission/commission-meetings/september-2022/

Below: Hatchling Ornate diamondback terrapin in Pasco County, FL (Photo by Daniel Parker)

Photo of Albino Green Iguana by Travis deLagerheim

A judge is allowing the United States Association of Reptile Keepers Florida (USARK FL) to argue that the Florida Fish and Wildlife Conservation Commission (FWC) lacks the constitutional authority to regulate captive animals under the facts presented in case number 2021-CA-977 in Leon County Circuit Court. USARK FL is challenging FWC's "Prohibited Species" rules, which they say have been detrimental to pet keepers and small businesses dealing with species such as iguanas and tegus. USARK FL says that FWC's enforcement of these rules has led to the confiscation and euthanasia of animals, as well as reptile breeders moving out of the state as economic refugees. Judge John C. Cooper granted the motion requesting permission to add this claim at a hearing held August 15, 2022. USARK FL expects a written order to that effect to be entered soon.

An excerpt from the filing is included below:

"Since the filing of their original complaint, Plaintiffs have conducted substantial discovery and learned additional facts that require them to amend and clarify the claims and issues to be tried. Plaintiffs have learned additional information regarding the basis (or lack thereof) for Defendant Florida Fish and Wildlife Conservation Commission’s (the “Commission”) promulgation of the challenged rules. Article IV, section 9 of the Florida Constitution grants to the Commission the “regulatory and executive powers of the state with respect to wild animal life.” Art. IV, § 9, Fla. Const. (emphasis added). It is on this basis that the Commission has promulgated the rules in question. The Florida Constitution does not define the term “wild animal life.” Through discovery, the Commission, via its agency representative, has taken the position that its jurisdiction over wild animal life extends to any species that is not domesticated. . . . Plaintiffs’ animals are commonly husbanded, multiple generations removed from the wild, often to yield “morphs” with attributes not found in the wild, but the Commission states these animals are subject to regulation regardless of actual impacts on animals in the wild. The risks that Defendants identify are purely speculative because they are not grounded in any known escapes. The purported risks are also misleading and overstated. 

The Commission has even taken the position that it may shutter an entire industry on the basis of misleading and untested economic risks and human health and safety risks of Plaintiffs’ animals. . . . . But neither purported jurisdictional basis is mentioned in the Commission’s constitutional mandate. Consequently, Plaintiffs request leave to amend their complaint to add a new claim (Count III), which requests a declaratory judgment that the Commission lacks jurisdiction to promulgate the challenged rules on these facts."

The memorandum of law in support of the motion may be viewed at this link: Memorandum Of Law.pdf

The first amended initial complaint may be viewed at this link: First Amended Complaint.pdf

The full case docket as of August 16, 2022, may be viewed at this link: 2022.08.16 Docket Sheet 2021-CA-977.pdf

If you want to see the most up-to-date case docket, you can do so using the search function on the Leon County Circuit Court website; just input the case number (2021 CA 977):  https://cvweb.leonclerk.com/public/online_services/search_courts/search_by_name.asp

Gopher Tortoise Rescued by Woman Who Now Fears Repercussions from FWC-PRESS RELEASE_7-23-22.pdf   

Woman Rescues Gopher Tortoise Trapped in Collapsed Burrow, Fears Repercussions from FWC after Reporting

 

The Gopher tortoise is a Threatened Species at the forefront of the conflict between developers and advocates for Florida’s wildlife and environment-Photo by Daniel Parker 

Auburndale—Information on a group of Threatened Gopher tortoises submitted months earlier to FWC could have prevented the collapsing of burrows by contractors, according to animal advocate Jordan Spring. Spring is concerned about the dismissive and even hostile response she got when she reported the tortoise emergency to FWC, the very agency funded by taxpayers to safeguard Florida’s Threatened and Endangered Wildlife. In fact, Spring says that an FWC officer and dispatcher not only dismissed the photos she had taken as evidence of the tortoises’ presence, but also accused her several times of trespassing. She fears repercussions from FWC after she reopened a collapsed burrow to free a trapped Gopher tortoise, though that burrow was on land she had permission to access.

Spring, who is a volunteer for United States Association of Reptile Keepers Florida (USARK FL), was given permission by the previous landowner to access the 33 acre site, which was later sold to the real estate development company KB Home. She took photos and GPS points of the tortoise burrows there in June, before the property was sold, and submitted those records on the FWC website.

Spring has been in touch via phone and text with FWC biologist Kyle Brown, who she says has been very cordial. Brown sent Spring a survey map of the development site, which is known as “Hickory Ranch Subdivision.” This map was created by Bio-Tech Consulting Inc., a firm hired by the developer to record Gopher tortoise burrows and relocate the tortoises. Brown indicated to Spring that two Gopher tortoises had been removed from the site. However, Brown was unaware that some of the tortoise burrows found by Spring were different than the ones documented by Bio-Tech. Spring is concerned that the survey map did not include all of the tortoise burrows that she had documented. “I would like to know how my reports never made it on a sighting map on the website,” said Spring. “That could have prevented this,” she added. At least one of the burrows was in heavy brush and may have been missed by the survey. Spring added her own points to the survey map and sent that to Brown to show where she had seen the other burrows.

Gopher tortoise survey of “Hickory Ranch Subdivision by Bio-Tech Consulting Inc., to which Jordan Spring added her records of burrows as red dots

Ken Robertson, who owns land adjacent to the development site, said he observed the land being cleared by a crew with heavy equipment. Robertson says that he saw an excavator with jaws for grabbing trees and a front end loader with a bucket clearing the land. He also saw multiple pickup trucks and a crew installing silt fencing along the site. 

Spring later discovered that workers had actually collapsed a Gopher tortoise burrow on Robertson’s property, near where the silt fence had been installed. She had documented the tortoise burrows on Robertson’s property back in April. “There was a tortoise that had a badly burnt shell from a very old burn,” said Robertson. He added, “We have lived here about 15 years. I’ve seen him since we moved in.” Robertson said that the previous owner of the property being developed lived there for over 50 years and said that there had never been a fire there in that time, so that tortoise must have been very old. “He would cross my front yard going to the neighbor’s front yard and then go back the same way he came,” said Robertson. “I haven’t seen him since all this started.”

Spring called Brown to convey her concern that burrows were being collapsed as workers cleared the land. Brown directed her to call FWC law enforcement. FWC Officer Jerod Gadd responded to Spring’s call. Spring sent Gadd photos of the burrows, but Gadd indicated to her that he saw no evidence that warranted him taking action. He warned her not to trespass on the land. Spring specifically asked Gadd to look for the tortoise burrow that was collapsed on Robertson’s land. Gadd indicated to Spring that he saw no evidence of a burrow there. “FWC law enforcement says we have no case, that there is not enough evidence that there was a tortoise burrow,” said Spring. 

Jordan Spring dug this Gopher tortoise burrow out after it had been collapsed by contractors who crossed onto a neighboring lot while clearing land in Auburndale-Photo by Jordan Spring 

Biologist Daniel Parker has years of experience surveying and researching Gopher tortoises through his work with Ashton Biodiversity Research and Preservation Institute, University of Central Florida, and DRMP. “Gopher tortoises may dig their burrows up to 40 feet long,” said Parker. He added, “When Gopher tortoise burrows are collapsed by heavy equipment, tortoises are often trapped and unable to escape; this is called entombment. When Gopher tortoises are entombed they usually don’t die immediately. They may take months to waste away before eventually dying. You do have a window of time to rescue the tortoises, if you can find the burrows.”

After Gadd left the scene, Spring grabbed a shovel and tried to find the collapsed Gopher tortoise burrow on Robertson’s land. Within five minutes she found the burrow and was able to dig to reopen the entrance, effectively freeing the Gopher tortoise trapped inside. With Robertson listening in, Spring called FWC dispatch back to tell them that she had found one of the burrows. The FWC dispatcher told her that Officer Gadd had left a note about her trespassing. Spring once again told them that she had permission to access Robertson’s land and had not trespassed. She asked the dispatcher if he would like to talk to Robertson. The dispatcher declined. Spring never received a call back from Gadd or any other FWC law enforcement officers after her second call to dispatch. At this time, Spring believes that there may still be gopher tortoises entombed on the site. Her main concern is for the welfare of the tortoises and that she is anxious to see them rescued.

Spring is concerned that surveyors missed this burrow that she photographed in heavy brush-Photo by Jordan Spring

The Gopher tortoise is a terrestrial (land-dwelling) species of turtle that feeds mostly on grasses, herbs, and other plants. It is known as a “Keystone Species,” because its burrows provide shelter for hundreds of other species of animals. The Gopher tortoise is listed as a Threatened Species in Florida and may not be harmed or moved without a permit, except for on agricultural or mining sites, which are exempt from the regulation. Some developers have been issued "Incidental Take" permits by FWC, which allow Gopher tortoises to be entombed. However, most developers are required to hire permitted consultants to collect Gopher tortoises before construction begins. Developers do sometimes skirt the law to save the cost of relocation, as the fine for killing tortoises is often less than the cost of moving them. 

FWC received criticism in recent months for an order by Executive Director Eric Sutton which conservation groups say made it easier for developers to remove tortoises from construction sites. Developers in Florida, who have been experiencing a period of record profits, have complained that the process of surveying and removing tortoises is too expensive. Sutton’s executive order reduced the mitigation costs that developers were required to pay for impacting Threatened Gopher tortoises. The order also allowed Gopher tortoises to be collected and housed in temporary pens, called “short term relocation sites,” before being eventually moved again to other sites. Commercial collection of turtles is theoretically illegal in Florida, as FWC rules say that “no wild caught turtle may be sold.” However, FWC rules do allow consultant companies, which are hired by developers, to collect Gopher tortoises from development sites for a fee, and then transfer them to “recipient sites.” The owners of the “recipient sites” are paid to take the Gopher tortoises. 

Reference the following articles for more background on Gopher tortoise issues in Florida:

FWC extends gopher tortoise order that conservationists say weakens protections | WUSF Public Media

https://www.wmfe.org/fwc-extends-gopher-tortoise-order-that-conservationists-say-weakens-protections/196874

Habitat loss forces FWC to temporarily relax gopher tortoise relocation guidelines – Fox13

https://www.fox13news.com/news/habitat-loss-forces-fwc-to-temporarily-relax-gopher-tortoise-relocation-guidelines#amp_tf=From%20%251%24s&aoh=16585472829137&referrer=https%3A%2F%2Fwww.google.com&ampshare=https%3A%2F%2Fwww.fox13news.com%2Fnews%2Fhabitat-loss-forces-fwc-to-temporarily-relax-gopher-tortoise-relocation-guidelines

Waiving rules for moving Florida gopher tortoises helps only developers - Florida Phoenix

https://floridaphoenix.com/2021/12/09/waiving-rules-for-moving-florida-gopher-tortoises-helps-only-developers/

Pulte Homes destroys 22 FL tortoise burrows, pays a paltry penalty - Florida Phoenix

https://floridaphoenix.com/2021/09/16/pulte-homes-destroys-22-fl-tortoise-burrows-pays-a-paltry-penalty/

 

For more information on this topic, or to schedule an interview, please call 863-441-5067 or email media@usarkfl.net.

Animal Keepers to Oppose More Regulations at FWC Commission Meeting in Jacksonville July 13-14

 

The Commissioners of FWC will meet July 13-14, 2022 in Jacksonville, FL. They will vote on the “Injuries and Escapes” Final Rule on July 13. This rule requires animal keepers to report injuries to themselves, thus requiring citizens to disclose their medical history to the government. Those injuries may also be considered violations. Animal keepers are concerned that the government requiring people to divulge private medical history is a violation of the 14th Amendment of the U.S. Constitution, which grants citizens the "Right to Privacy." This rule also requires keepers to report escapes, even for innocuous native Class III species. These escapes may be considered violations. Animal keepers are concerned that the government requiring people to report themselves for potential violations is a violation of the 5th Amendment of the U.S. Constitution. 

The United States Association of Reptile Keepers Florida (USARK FL) posted on its Facebook page, “Once again, FWC has gone through the motions of a process to appear to consider stakeholder input, but they have failed to actually take our concerns into account in the language of the final rule. They have not addressed the basic concerns that caused the Commissioners to delay to the vote on the original language of this rule back in December of 2021.”

 

Animal keepers are also concerned about the proceedings of the FWC “Technical Assistance Group” (TAG) meetings on Nonnative Species in which FWC staff have introduced the terms “Unrestricted List,” “Restricted List,” and “Not Allowed List” as part of a potential regulatory approach for nonnative species. Members of the group, who are appointed by FWC, have urged FWC to take a “guilty until proven innocent” approach in reference to allowing nonnative species to continue to be kept in captivity. The move towards discussion of only allowing certain species to be kept in captivity struck a nerve with animal keepers on the TAG, including fish and reptile keepers. 

 

Joe Hiduke of Nautilus Wholesale, who represented tropical fish keepers on the group, said of the meeting, “It was fascinating being involved in two days of meetings regarding regulatory options that include a 'white list' or 'safe list', but using every conceivable name other than 'white list' or 'safe list'. The current description du jour is 'unrestricted list', a list of species that could be possessed and sold in Florida without restrictions. Which sounds like a good thing for industry until you consider what it takes to be on an unrestricted list, and what happens to the fish (and all other wildlife) that aren't able to go on an unrestricted list. Hint-prohibition is a type of restriction. One of our unsettled details is whether species that haven't been through a risk screening are considered safe until proven otherwise, or considered prohibited until proven safe.

 

These nonnative species issues are not on the agenda for this meeting, but animal keepers who are concerned with these issues may give comments on “Items not on the Agenda” on July 14.

 

The FWC Commission Meeting agenda and exact language of the “Injury and Escapes” rule may be found here:

https://myfwc.com/.../comm.../commission-meetings/july-2022/

FWC Commission Meeting July 13-14, 2022

Adam W. Herbert University Center

2000 Alumni Drive

Jacksonville, Florida, 32224

 

For more information and photos on this topic, or to schedule an interview, please call Daniel Parker at 863-441-5067 or email media@usarkfl.net.

Petition asking DeSantis to Reign in FWC Reaches 15,000

 

https://www.change.org/p/fwc-mandates-threaten-pet-owners-and-small-business-fl-animal-owners-ask-gov-to-intervene

 

A Change.org petition asking Governor Ron DeSantis to address stakeholder complaints and reign in the Florida Fish and Wildlife Conservation Commission (FWC) has received 15,000 signatures since it was posted by “Florida Animal Owners and Businesses.” The petition has garnered widespread support from keepers of fish, reptiles, amphibians, birds, mammals, and invertebrates. See the text of the petition below:

*IMPORTANT: Only sign this petition if you are a Florida resident.*

Governor DeSantis,
The failure of the Florida Fish and Wildlife Conservation Commission (FWC) to work with animal owners on rules that balance the interests of stakeholders with conservation needs has created a tragic situation leading to unjustifiable personal property seizures, euthanasia of animals, denial of licenses, and severe economic impacts to businesses, especially small businesses. Our industries and hobbies are being systematically eroded by an ideology to remove animals from our lives.

The adoption of unjust regulations in 2021 has already caused some business owners to flee the state as economic refugees. This year, FWC approved a package of harsh regulations that make it more difficult for animal owners to transfer their personal property, in addition to other implications posing serious constitutional questions. FWC staff is currently considering the creation of a biased “Safe List” that would be the most devastating blow to animal keepers yet. This would allow only a restricted list of species to be kept while banning all others. It would set a new standard for extreme government overreach in Florida.

We, the undersigned Florida residents, respectfully request that your office review these matters to address constituent complaints that have fallen on deaf ears when reported. If the review reveals any misconduct, we ask that a full investigation be performed by the Office of Inspector General or other appropriate entity. Furthermore, we appeal for the restructuring of FWC as an agency that genuinely collaborates with animal keepers and business owners.

Animal keepers remember a time when Staff, the Commissioners, and the stakeholders worked together on reasonable regulations for animal welfare, human safety, and conservation of natural resources. A recent policy shift has created a palpable divide between FWC and those who responsibly own and work with animals in Florida. FWC leadership no longer considers industry expertise in the creation of sound policy. There is a blatant disregard for the impact that destroying Florida’s unique animal industries will have on the State’s economic future.

The owners of reptiles, amphibians, fish, birds, and mammals come together with one voice to ask you, Governor DeSantis, to please direct FWC to suspend its harsh mandates that threaten our livelihoods and the lives of our animals, and consider our input in the process of creating fair regulations.

Respectfully,
Florida Animal Owners and Businesses

*IMPORTANT: Only sign this petition if you are a Florida resident.

 

The petition was first publicly promoted by Calusa Herpetological Society President Elaine Davis at the society’s meeting on June 2. “The pet industry is huge in Florida and the FWC rules are making it harder and harder for both pet owners and breeders,” said Davis. She added, “As regulations get tighter, many people could potentially be left unable to legally keep the pets that they love.”

 

Fish keeper and member of the Florida Tropical Fish Farmers Association (FTFFA) Joe Hiduke said, "Florida residents are signing the petition because they are concerned about the future of the aquarium hobby. Having an aquarium or terrarium in a home or classroom is among the best ways to develop a bond with the natural world. The aquarium hobby includes thousands of species of fish, and the members of our hobby are very concerned that most of these will no longer be available. There is no practical way to evaluate all of the species of fish in the trade (let alone mollusks, crustaceans, reptiles, birds, etc). Hobbyists are terrified that we'll end up with a list of allowed species that only includes the most basic types that are traded in high volume. This essentially eliminates the hobby from the state that has been at the forefront of raising ornamental fish for decades.”

 

Steven Nekhaila, Chairman of the Libertarian Party of Florida, weighed in on FWC’s actions. “The FWC should not be making the rules on who can own what type of animal, especially broad stroke laws which essentially “whitelist” specific pets while banning all others. There needs to be specific consideration to diverse and unique industries which exotic pets support, which also preserve and protect those species from annihilation.” Nekhaila continues, “The release of animals into the ecosystem is certainly a concern, but by blaming all pet owners the FWC hurts those acting responsibly without actually addressing the problem.”

 

The petition has been widely shared on social media. On Facebook, Kenu Turk commented, “FWC has been giving way too much power without any checks and balances in place.” Turk adds, “They say they don’t have an agenda but everything they do moves further and further towards the agenda of no more exotic animal ownership or possession in this state. They flat out lie through their teeth.”

 

Daniel Hurd commented, “FWC justifies its budget by creating these new senseless rules and laws that make it appear they “care” about the environment and Florida’s native fauna. I’m not for defunding the police, but I am for defunding the FWC or even disbanding and replacing them with an organization more similar to the DNR other states have.”

 

Harmony Merz commented, “If you love your pet reptiles, birds, fish etc., you should be signing this petition. FWC is overstepping and trying to take away our rights to have our pets. There are several responsible Florida animal businesses and all of their employees that will lose their livelihoods. I am one of those employees. This will have a great economic impact on Florida.”

 

Sarah Greek commented, “I love FWC but they are going about it in the wrong way. We are signing to get help from our great governor to help save our rights to own our animals.”

 

The Commissioners of the FWC are appointed by the Governor. DeSantis appointed the three of the current sitting Commissioners, including Chairman Rodney Barreto. Though the position of FWC Commissioner is unpaid, an appointment to FWC is an honor often bestowed upon influential political donors. The FWC Commissioners vote to approve rules which are crafted and presented by FWC staff. These rules may have far-reaching consequences for the citizens that they regulate. 

 

FWC’s internal documents acknowledge that their regulations will hurt small business. The “Notice of Proposed Rule” for rule 68A-6.003 said, “The Agency has determined that this will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule.” According to reptile keepers, the proposed rule does not give them the same due process and private property rights as other small businesses in Florida. 

 

Florida’s reptile keepers believe that the actions of the Florida Fish and Wildlife Conservation Commission (FWC) threaten their ability to continue to operate as small businesses. The President of the United States Association of Reptile Keepers Florida (USARK Florida), Elizabeth Wisneski, wrote a letter to Governor Ron DeSantis asking him to protect the small businesses of reptile keepers. “Our businesses are threatened by regulations being imposed by the Florida Fish and Wildlife Conservation Commission (FWC). Conservatively, the reptile industry in Florida generates at least $225 million annually, and we are an industry comprised entirely of small businesses,” says Wisneski. “We contribute significantly to the economy of the state and we rely on the incomes of our businesses to support our families and our employees.” She asks that Governor DeSantis, “stand up for our small businesses, as you have for other businesses in Florida.”  

 

In her letter to Governor DeSantis, Wisneski explains, “At a recent public hearing on these proposed rules, FWC staff was asked if a single violation could be the basis for the revocation of a captive wildlife license. Staff replied, ‘Yes.’ The idea of someone’s entire business being shut down over one violation, which could be something as innocuous as a paperwork error, is unprecedented in our great State.” At the FWC Commission meeting on May 3, 2022 in Gainesville, FWC Major Grant Burton confirmed that “a warning is a violation.”

 

She adds, “In December 2021, the FWC proposed a new package of harsh regulations that will make it more difficult for business owners to transfer their personal property, in some cases, preclude their ability to conduct business, require them to divulge private medical information, require them to self-report facts that could lead to criminal violations, and impose severe, punitive penalties. All of these implications pose, inter alia, serious constitutional questions,” said Wisneski.

 

Letter to Governor Ron DeSantis from USARK FL President Elizabeth Wisneski

 

For more information and photos on this topic, or to schedule an interview, please call Daniel Parker at 863-441-5067 or email media@usarkfl.net.