USARK FL Got It Done!
It was a good day! Mid-afternoon on September 3rd, Circuit Judge John C. Cooper ruled from Tallahassee, Florida, that USARK FL was correct in its challenge that Senate Bill 1414 (SB1414) violated the Florida Constitution. The legislative bill that was signed into law by Governor Ron DeSantis banning tegus and green iguanas as pets, as well as terminating the successful Conditional Species Permit (CSP) program for reptiles, will now be repealed. In short, we argued that SB 1414 was unconstitutional, and the Court agreed!
The legal process must still be completed but over the next week or so we will see a written Order from Judge Cooper. To be clear, Judge Cooper has granted our motion for summary judgment and we await the formal Order reflecting his decision. Following that, FWC will have 30 days to appeal. If FWC does not appeal, then it will rescind its Executive Order 20-19. When that occurs (which may happen prior to the 30-day deadline), Florida herpetoculturists and businesses will be able to conduct the same activities they could prior to July 1st of this year, when SB1414 became law.
While the Court has ruled in our favor, we suggest that businesses and herp keepers wait for all formalities to be completed. We will be sure to keep the herpetoculture community apprised on updates.
Note that by “unconstitutional” we speak of the Florida Constitution, not the U.S. Constitution. This is a state lawsuit against a state agency involving a state statute, not a federal lawsuit.
While we had a huge victory in court, we must now focus on the FWC rulemaking. FWC has started its rulemaking process regarding tegus and green iguanas, as well as the possible elimination of the CSP program. But this is not over yet. Our lawsuit does not make the initiated rulemaking go away. However, it does mean that the regulations do not need to mirror SB1414.
FWC cannot rely on the legislature’s mandate to pass bans. FWC must now create “reasonable rules.” We will work for a regeneration of the cooperative spirit that once existed between FWC and stakeholders. We all want to protect Florida’s environment and fauna. That is a top priority. We must not lose sight that common-sense and reasonable regulation is a far more productive and protective path than bans. Anyone who thinks bans are the answer should have paid more attention in history class.
Please know that this victory does not mean that you should go buy a tegu or iguana “before it’s too late.” These species are long-lived and bringing one home should be taken very seriously. That little cute baby will grow quickly. Tegus and iguanas require exceptionally large enclosures, lots of food, specialized UVB lighting or daily exposure to natural sunlight, and much more attention and care than other reptile species. Bringing a tegu or iguana into your home necessitates nearly as much responsibility as a dog or cat. Be responsible! If you are not willing to keep that animal humanely for its entire life, then you should not bring it home. If you do not have the resources to care for a tegu or iguana properly and responsibly, then please do not buy or rehome one.
Thank you to everyone who supports us! Please keep the donations coming! Know that we must still pay the bills for this lawsuit and future actions. Our team from Holland & Knight, specifically attorneys Tiffany Roddenberry and Larry Sellers, did us all proud and we want to retain them for legal counsel and lobbying services in the future. There are no better attorneys out there!
USARK FL cannot continue to be successful without your financial support. We know that everyone can contribute… lots of little donations add up. In addition, you can help spread awareness of USARK FL and what we do to protect responsible herpetoculturists.
One final point… while this lawsuit dealt with Conditional Species, tegus, and green iguanas, this was a win for all conscientious herpetoculturists and animal enthusiasts. This lawsuit was for the entire community. We had to take a stand. We did that… and we prevailed!
Ways to donate:
1. via the USARK FL website at www.usarkfl.org. Just click “DONATE NOW” and use PayPal or your credit card.
2. directly via PayPal with donations to info@USARKFL.org
3. send checks to:
USARK FL
4525 S Florida Ave #19
Lakeland, FL 33813
4. At any show where USARK FL is present.
5. You can donate to USARK at wwwwusark.org. (Just click the “DONATE” button for PayPal or credit card use.). Or via PayPal using donation@usark.org.
NOTE: Our lawsuit only challenged the third section of SB1414. The remainder of the bill regarding hunting and fishing regulations remains law.
The above is also posted at www.usarkfl.org/lawsuit-newsletter-1 along with other information.
NARBC is back!
We may have missed March but the big show is back and it is happening this weekend… in St. Louis! NARBC is making it happen for its loyal vendors and attendees. It does not matter that this is the first NARBC in St. Louis. This show has been rockin’ for twenty years now and they know how to do it right. As always, huge thanks to Bob, Brian, Kristin, and the NARBC crew for their continued USARK support!
If you are attending, please read the venue and show safeguards in the next section of this newsletter.
The Saturday night auction is on, too! Please note that there will be adult content at the auction. This event supports good causes by raising money to protect and help responsible herpers and herp conservation, but the event is most definitely rated R. Come support your herp community. A good time is always had by all! Do not miss it!
As usual, we will have some INCREDIBLE donations! Gamini and Lisa from Hidden Forest Art Gallery have once again stepped up. Take a peek at the bottom of this newsletter (at https://mailchi.mp/usark/usarkfl2020) to see the two original paintings they have donated. This and so much more will be awaiting you at the auction! Here is an early THANK YOU to all donors and bidders! USARK would not be possible without your contributions.
If you are headed to the show, be sure to practice common-sense personal hygiene practices. Protect yourself, your family, and others. Please review this information from the Centers for Disease Control (CDC): www.cdc.gov/coronavirus/2019-ncov/about/prevention.html
Get all NARBC show details at www.narbc.com/StLouis/stlouis.html.
NOTE: In order to attend the auction, you must purchase tickets at the USARK booth. Only auction donors and USARK volunteers receive free auction tickets. See our booth for details. VIP badge holders must also purchase tickets.
Show Schedule:
Friday: Setup and VIP
Saturday, Sept. 5: 10:00-5:00 (VIP at 7:30 AM)
Auction: 6:00 PM Saturday (preview open ASAP after the show)
Sunday, Sept. 6: 11:00-4:00 (VIP at 10:00 AM)
Location:
Saint Charles Convention Center
1 Convention Center Plaza
St. Charles, MO 63303
READ THIS if you are going to NARBC St. Louis!
From NARBC:
- All Vendors and Attendees are required to wear a face-covering during the entire event. A limited number of disposable masks will be available for purchase at check-in. We recommend you bring your own mask to the show. NOTE: USARK will have washable, reusable 3-layer cotton face masks for sale, too!
- All vendors are strongly encouraged to offer hand sanitizer to customers during the show.
- The City of St. Charles will have hand sanitizing stations throughout the facility.
- If you feel unwell or have recently tested positive for Covid-19 please stay home.
- For your safety, the St Charles Convention Center now has a ‘Clear Bag Policy.’ During show hours all purses must be clear. All non-clear bags are subject to search.
New Auction Record at Daytona NRBE
It was a great night! It was a good day for the return of the big reptile shows and the support for USARK was also impressive. Last year set a new record for this show at $53,000. Well, this year we surpassed that… by a bit. The community came together and raised $69,560 for USARK and USARK FL! Thank you to everyone who donated and bid!
ALERT: Wildlife-Borne Disease Prevention Act (Federal)
UPDATE (with original alert below): The HEROES Act squeaked thought the House with a vote of 208 – 199. While it is expected that the Act will not be supported by the Senate, we all must be aware of what is happening in the current political climate.
_____________________________________________________________________
Buried on pages 1,628-1,635 of the latest 1,815-page House democratic draft of a COVID-19 relief bill known as the Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES Act) is the text of the Wildlife-Borne Disease Prevention Act (the Act). In the wake of the COVID-19 pandemic and utilizing this crisis as a springboard, the Act has surfaced as activists try to conflate the issue of legal and legitimate trade with substandard wet markets and other unregulated potential vectors for zoonotic disease transmission.
Most troubling of all, the Act contains language that would reverse the USARK federal lawsuit victory by reinstating the ban on interstate transportation of species listed as injurious under the Lacey Act. In that landmark decision, four federal judges agreed that USARK was correct and that the Lacey Act did not ban interstate transportation of injurious species based on the original language of the Lacey Act and the intent of Congress. As a result of this fight for our members and the herpetocultural community, this meant animals domestically bred under human care could be moved and sold across state lines (within the continental United States). For herpetoculturists’ concerns, this included a few species of constrictors snakes and a long list of salamanders. However, that ruling was made on the current Lacey Act language.
Unfortunately, the proposed law now included in the COVID relief bill would overturn that decision. Specifically, the Act would add this language to the Lacey Act (Title 18 Section 42): “or any interstate transport between States within the continental United States.”
Not only will it ban interstate transportation, but it will expand what is considered an injurious species. In addition to the above amendment, it alters the definition of an injurious species: “to be injurious to or to transmit a pathogen that can cause disease in humans…”
The Act has some other consequences:
1. Creates a new route to petition for listing injurious species (with 90 days for the government to respond);
2. Requires a list of species “that could pose a biohazard risk to human health” be compiled by the government and determine if those species may be injurious. The list is to be finalized within one year after passage of the Act;
3. Creates a new electronic permitting system;
4. Creates new monitoring, research, management, and database frameworks (Wildlife Disease Surveillance through the United States Geological Survey’s National Wildlife Health Center).
While we do not believe that the HEROES Act as passed by the House will be supported by the Senate, we do have reasonable concerns that the language on the wildlife trade will find its way into a subsequent bill that could pass the Congress.
For this reason, we are alerting our membership and other animal interests to this threat while working to prevent the inclusion of the Act into a Senate bill. We are engaged, as always, and will keep the community apprised. If action is needed from membership, we will issue an alert and steps to take.
We hope everyone is safe and healthy during this time. Be responsible! Protect your health and the health of others. Always represent herpetoculture in a professional manner.
Read this online at www.usark.org/2020-disease-prevention-act.
You can find the full HEROES Act at this link. See page 1,628 for the Wildlife-Borne Disease Prevention Act: https://docs.house.gov/billsthisweek/20200511/BILLS-116hr6800ih.pdf.
Find A Vet
