ALERT: Diamondback Terrapin ESA Listing

Malaclemys terrapin is a turtle species found mainly in brackish estuaries (coastal areas where freshwater mixes with saltwater). As such, NOAA is being petitioned instead of the U.S. Fish and Wildlife Service (FWS) since CBD seemingly categorizes Malaclemys terrapin as a marine species. NOAA Fisheries has the authority to do ESA listings for marine species. The species has a large range from Cape Cod in Massachusetts through the Florida Keys and west along the Gulf Coast to the Corpus Christi area in Texas.

CBD states the seven currently recognized subspecies are invalid, and the petition calls for all diamondback terrapins to be listed wholesale as endangered rather than any specific subspecies. CBD does list four “distinct genetic populations,” but all would be listed as Malaclemys terrapin.

The process (briefly):

1. A petition has been filed;
2. NOAA must conduct an initial finding (to see if the petition has valid claims). This is known as the “90-day finding;”
3. After the 90-day finding, NOAA can accept (positive 90-day finding) or dismiss (negative 90-day finding) the petition;
4. Following a positive 90-day review, NOAA has a public comment period and begins a species status review (collection and analysis of scientific and commercial data to evaluate the species’ current extinction risk);
5. After the “12-month finding,” NOAA will again announce a positive or negative finding;
6. Along with the 12-month finding, a proposed rule is published in the Federal Register, opening a second public comment period for positive findings;
7. The new regulation would not be final until NOAA publishes the final rule in the Federal Register. The new regulation’s effective date would be listed with the final rule, or NOAA could withdraw its proposed rule (not list the species).

Notes on the above process:

1. This is a basic summary;
2. Timelines are not firmly set;
3. The full process may take about a year, or it could take multiple years;
4. There may be modifications (such as public hearings, the number of and length of comment periods, etc.) to the process.

The problems. An ESA listing will;

1. effectively ban interstate sales of captive-bred terrapins;
2. make currently owned terrapins illegal in many U.S. states under state and local laws (many of which ban possession of all ESA species);
3. create genetic bottlenecks for anyone capable of still legally producing terrapins;
4. disincentivize most breeding programs;
5. halt the global population growth occurring through herpetoculture;
6. thwart breeding programs under human care;
7. criminalize pet owners;
8. limit conservation methods. ESA listing limits tools and blocks some methods that can be used to conserve species, pushing some of the most effective conservation tools off the table to rely on traditional conservation methods, which are failing for many species.

The petition cites the main reasons for terrapin declines to be (not in a particular order):

1. Crab trapping;
2. Pollution;
3. Habitat loss;
4. Sea level rise;
5. Roadkill;
6. Climate change;
7. Increased predation due to human development;
8. Lack of regulation at all levels;
9. “The pet trade;”
10. Unsustainable and overcollection of wild turtles (NOTE: Captive breeding is negligibly mentioned in the petition, and “captive-bred” is dismissively used in quotes, thus misleading that all diamondback terrapins in the pet trade are wild-caught.)

Like many aspects of our world today, ESA must update and evolve. Enacted in 1973, ESA is now outdated and flawed. While well-intended in 1973, and vital for protecting U.S. native species when warranted, the efforts made to protect our endangered species create regulations lacking nuance, which can be harmful to saving species. ESA listings that rely only upon traditional conservation approaches, such as the methodology in this petition, and do not consider our modern world are an illogical dead-end for endangered species.

USARK intends to work to ensure that any listing decision minimally affects responsible herpetoculture. However, with the threat of an ESA listing on the horizon, breeders and pet owners are advised to keep purchase and acquisition records for diamondback terrapins. Furthermore, to the extent possible, breeders are advised to create and maintain records demonstrating their current and ongoing possession of the species and to document the acquisition of their breeding stock. Receipts, invoices, notarized documents, copies of collection permits (if applicable), and any acquisition paperwork should all be created and filed.

We will provide updates and more information on action to take.

The petition can be read at https://usark.org/wp-content/uploads/2024/09/24-CBD-terrapin-petition.pdf.