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USARK FL announces lawsuit! (posted 5-28-2021)
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Find all of our alerts at https://usark.org/alerts/.
USARK FL and Florida Business Owners Sue Florida Fish and Wildlife Conservation Commission Over Due Process Violations
Read the announcement and find the filings at https://www.usarkfl.net/news/10570655
Today (May 28, 2021), the United States Association of Reptile Keepers, Florida (USARK FL), along with several Florida business owners, filed a lawsuit in state court challenging the adoption of new rules by the Florida Fish and Wildlife Conservation Commission (FWC) that ban the ownership and commercial breeding of 16 reptile species, with extremely narrow and temporary exemptions for only tegus and green iguanas, notwithstanding the success of the prior regulations which had authorized that conduct for more than a decade.The lawsuit contends that FWC did not follow its own due process procedures when banning the commercial pet trade of these reptiles. Specifically, FWC “failed to afford Plaintiffs [a] requested draw-out proceeding”—an administrative hearing “specifically designed to ensure credible, scientific data supports [FWC’s] classification of species; failed to prepare a statement of estimated regulatory costs that complies with [FWC’s] own due process procedures; [and] failed to consider and adopt less costly regulatory alternatives that would accomplish [FWC’s] objectives” without destroying an entire industry, among other failures.Currently, the reptile industry in Florida generates approximately $160 million in revenue to the state. These new rules will force hundreds of Florida reptile businesses to either shutter their doors or leave the state, and in some instances require individuals to give up animals they have raised from birth and consider as pets. Phil Goss, President of the national USARK organization, said, “Common sense walked off a cliff with this latest action by FWC. It has been proven for over a decade that the Conditional Species program, not the Prohibited listing, does in fact ‘close the barn door’ for species listed as Conditional. However, this Prohibited Species proposal is uncharted territory for species commonly found in trade and has a much greater chance of creating problems, including a new black market and planned releases, rather than stopping them.”“Many of our members came to Florida because of the business-friendly environment the Governor and legislative leaders have cultivated,” stated Elizabeth Wisneski, President of USARK FL. “These new rules by the FWC, which eliminated a successful and highly-regulated permit program for these reptiles and implemented an outright ban, will have devastating consequences for small mom-and-pop businesses in our industry, at a time when we are just getting back on our feet.” Two plaintiffs, Michelle Watts and John McHugh, said, “We relocated to Florida just last year and came into compliance with the restrictive FWC regulations. Now we are forced to move again, as we will not surrender or euthanize our animals. These animals are both our lives and our business, and now FWC has forced our family to suffer extreme emotional and financial duress without any attempt to discuss or consider the effects of the new rules on us.”USARK FL Government Affairs Director Eugene Bessette remembers far different times in Florida. “All we asked for was a fair shake and we did not get it. I have owned a reptile business for over 40 years in Florida. FWC historically collaborated with us responsible businesses but those days are gone. Rather than the teamwork that once existed to allow sensible dialogue, we now have a shift to unreasonable rules and an unwillingness to consider those affected. As disappointed as we are, it must be clear that we are not against regulation but we do oppose government overreach We will always offer our expertise to collaborate with FWC to do what is best for Florida and our environment.” FWS FOIA Requests
UPDATE 1: We have provided a template letter for those who may be affected. Please utilize this letter to submit your opposition to the release of confidential information by June 11, 2021 (new deadline just announced).
UPDATE 2: FWS just posted another document that extends the deadline to June 11, 2021. Also, it seems an incorrect email address was provided in their original posting. We have the new email address and upload of today's announcement from FWS in our alert (link below).
USFWS released a notice on May 10 regarding the receipt of Freedom of Information Act (FOIA) requests for wildlife/flora import and export data stored in LEMIS. This means that businesses and brokers may be subject to having all information from their Form 3-177's released to the requesting parties.
The deadline for affected businesses/brokers to contact USFWS with an objection to the release of certain requested material is June 11, 2021. Objecting may be important to protect confidential and/or proprietary information for businesses/persons who import or export wildlife specimens and flora requiring Form 3-177.Get more details and read the notice at https://usark.org/2021-fws-foia/.
Facebook post: https://www.facebook.com/UnitedStatesAssociationOfReptileKeepers/posts/3938459416235982 ALERT: South Carolina
Membership T-shirt Update
Thanks for your support! We received specific updates from the shipper on May 11. Membership shirts through 2/21 have been shipped (unless we ran out of your size). Memberships starting on 2/22 will begin shipping as soon as the next shirts are printed. Those shirts are scheduled to be printed on 5/18 and should begin shipping later that week. We had a delay securing enough shirts as supply is still low due to COVID-related issues.
There was a disclaimer when you registered at the top of the page that shirts may take 6-8 weeks to arrive and we realize some members have already waited longer. Our new system will get shirts out much faster after we are done playing catch-up. Our apologies again for the delay but we are working to get all shirts out and to avoid this problem in the future. Have a good day. ALERT: North Carolina
House Bill 594 (H594) is another “traveling animal act” ban that misleads as to its intention. This bill, titled “Traveling Animal and Public Safety Protection Act,” includes an introduction rife with misinformation with the intent to spark emotion from the reader. H594 prohibits using certain animals (list at the link and even includes tortoises and small monitors) in "traveling animal acts," which will include the educational outreach programs provided by many animal keepers. The punishment is a Class II misdemeanor with a maximum penalty of 60 days in jail and a $1,000 fine.
PLEASE READ THE LAST SENTENCE AGAIN! With all of the problems in our world, we actually have to fight a bill that could land you in jail for 60 days because you took a tortoise to a classroom to talk about reptiles.
Full details at the links below.
Website ALERT: https://usark.org/alert-nc-2021/
Facebook ALERT: https://www.facebook.com/UnitedStatesAssociationOfReptileKeepers/photos/a.398227663592526/3881285385286719/ Shipping Live Herps Responsibly and Ethically
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Eric Hoffer (1902 - 1983)
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