To Whom It May Concern:
I am writing in reference to
21 CFR
The origin of the law passed in 1975 was a desire to control Salmonella which has been associated with captive bred red-eared sliders, Trachemys scripta elegans. Unfortunately, this law has had a very negative impact on conservation efforts to protect wild turtles, because it targeted all species of chelonians, not just red-eared sliders. Because of the prohibitive costs associated with raising captive bred turtles to 4”, this law has essentially promoted the commercial trade of wild caught turtles. Many species are being depleted from the wild faster than they can reproduce.
Each year hundreds of thousands of turtles are being taken from the wild. You may know that all tortoise (testudinae) species are listed in CITES Appendix II. Appendix II lists species that are not necessarily now threatened with extinction but that may become so unless trade is closely controlled.
The wild caught trade in addition to the destruction of habitat is moving more species from CITES (Convention on International Trade in Endangered Species) Appendix II to Appendix I every year. Appendix I lists species that are the most endangered among CITES-listed animals and plants.
Another sad effect of the law is the consequences faced by the turtles that are too small to sell, but are being sold anyway. According to section 1240.62 (c) (1), “Any viable turtle eggs or live turtles with a carapace length of less than 4 inches which are held for sale or offered for any other type of commercial or public distribution shall be subject to destruction in a humane manner by or under the supervision of an officer or employee of the Food and Drug Administration”, and there is no exemption for CITES protected species specified within 21 CFR. To obey the law, even threatened or endangered species would have to be destroyed.
While I agree that the law in general needs upheld, I believe that this law in particular should be changed. I suggest that this law be amended in such a way as to regulate the sale of turtles to minors and require hand sanitization equipment be installed at every location where turtles are for sale or can be handled by the general public. There should also be a requirement for care sheets to be given to each person purchasing a turtle. These care sheets should contain detailed best husbandry practices in addition to warnings about the possible transmission of zoonoses, diseases which can be transmissible from animals to humans.
Other laws should be changed or enacted to prohibit the import of wild caught turtles except for the purpose of establishing assurance colonies, or in very limited numbers to establish breeder colonies to provide captive bred turtles for the pet trade.
Please reference http://www.cites.org/eng/append/appendices.shtml and http://www.tortoise.org/general/4inch.html
Thank you very much for your time.
Very sincerely,
Tony Simmons
Cofounder, Business Manager
The Turtle Ranch
tony@theturtleranch.com