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Old 07-17-2008, 10:58 PM
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Strictly Reptiles Convicted and Sentenced for Illegal Turtle Sales

Taken from HerpDigest: The Only Free Weekly Electronic Newsletter That Reports on The Latest News on Herpetological Conservation and Science
Volume # 8 Issue #35, Thursday, July 17, 2008
Publisher/Editor- Allen Salzberg

Hollywood Florida Wildlife Dealer (Strictly Reptiles) Convicted And Sentenced For Illegal Turtle Sales
Press Release from U.S. Fish and Wildlife Service - Southeast Region 7/14/08

R. Alexander Acosta, United States Attorney for the Southern District of Florida, David W. Bourne, Special Agent in Charge, U.S. Food and Drug Administration (FDA), Office of Criminal Investigations, Miami Field Office, and Eddie McKissick, Miami
Resident Agent in Charge, U.S. Fish & Wildlife Service, announced that Strictly Reptile, Inc., of Hollywood, Florida, was convicted and sentenced today in U.S. District Court in Fort Lauderdale for its role in the illegal sale and offer for sale of undersized turtles, contrary to the Public Health Service Act, Title 42, United
States Code, Sections 271(a).

The Honorable William P. Dimitrouleas, United States District Court Judge, accepted Strictly Reptile's plea of guilty and imposed sentence in the matter. Pursuant to a written plea agreement in the case and the Court's Order, Strictly Reptile forfeited almost 7,000 turtles and tortoises seized by government agents at the business on May 2, 2008, in the course of executing a federal search warrant. The company was also ordered to pay immediately a criminal fine of $5,000 and
placed on two years' probation.

The Court further ordered Strictly Reptile to implement a business practice requiring it to secure a signed notice document from every buyer of undersized turtles that they are aware of the legal restrictions placed on the sale or holding for sale of these specimens, and to file semi-annual reports during the period of probation to the Court's Probation Officer, the United States Attorney's Office, the FDA Office of Criminal Investigations and the Fish & Wildlife Service documenting Strictly Reptile's inventory and sales of undersized turtles and providing copies of all invoices and executed notices.

According to the criminal Information and statements in court, turtles, which term under the controlling regulations encompasses all species generally referred to as turtles, tortoises, and terrapins, with the exception of marine sea turtles, are prohibited from being held for sale, intended for sale, or sold, if the turtles have carapace (shell) lengths of less than four inches, unless the sale is for bona fide scientific, educational, or exhibitional purposes, other than use as pets.

According to court statements and the history of the controlling federal regulations, the limitation was put in place in 1975 to deal with the hidden bacteriological threat posed by undersized turtles. Public health investigators had identified undersized turtles as a significant source of salmonella and other infections,particularly in small children who were prone to handling the turtles without washing their hands afterwards, or inserting the turtles into their mouths. In fact, the State of Louisiana, where many "turtle farms" were located historically, implemented state legislation to attempt to improve the sanitation issues associated with the raising and sale of baby turtles.

The Information specifically charged that Strictly Reptile had made a sale of approximately 1,000 undersized turtles on March 3, 2008, from its Hollywood business location to a tourist souvenir business in Panama City, Florida. Strictly Reptile would charge between $2.75 and $3.00 for the turtles it was supplying and the tropical department store would re-sell the turtles for $14.99 each. The government further
alleged that the principal of Strictly Reptile admitted to investigators that he engaged in wilful blindness, that is, intentionally not asking customers the purpose for which the turtles were being purchased in order not to lose sales.

Mr. Acosta commended the coordinated investigative efforts of the U.S. Food and Drug Administration (FDA), Office of Criminal Investigations, Miami Field Office and U.S. Fish & Wildlife Service, who with the assistance of FDA's Center For Veterinary Medicine who brought the investigation leading to the Information.
This case is being prosecuted by Assistant United States Attorneys Thomas Watts-FitzGerald.

A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at Southern District of Florida - Homepage. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at Florida Southern District Court.

Tom R. MacKenzie/Chief, Media Relations/U.S. Fish and Wildlife Service - Southeast Region/1875 Century Blvd Ste 410/Atlanta, GA 30345-3319/404-679-7291 Fax:404-679-7286 Cell: 678-296-6400
Fish and Wildlife Service tom_mackenzie@fws.gov


Ok so now I have a question. The article says that "turtles, which term under the controlling regulations encompasses all species generally referred to as turtles, tortoises, and terrapins, with the exception of marine sea turtles, are prohibited from being held for sale, intended for sale, or sold, if the turtles have carapace (shell) lengths of less than four inches, unless the sale is for bona fide scientific, educational, or exhibitional purposes, other than use as pets". Does anyone know if it truly is ALL species or just all North American species? I was under the impression that it was just for N. American species.
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Old 07-22-2008, 03:32 AM
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Re: Strictly Reptiles Convicted and Sentenced for Illegal Turtle Sales

As far as I know its all sales. But I'm not too clear on foreign species
Remember also that this is only for the state of Florida. Each state has its own laws regarding the size of turtles for pet use. MA just changed the law, so that you CAN sell turtles under 4 inches.
NH still has the law in effect as does NY.
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Old 07-22-2008, 03:52 AM
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Re: Strictly Reptiles Convicted and Sentenced for Illegal Turtle Sales

Too bad it wasn't $5000 per turtle.
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Old 07-22-2008, 03:52 AM
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Re: Strictly Reptiles Convicted and Sentenced for Illegal Turtle Sales

I believe US Fish and Wildlife supersedes all the state laws.
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Old 07-22-2008, 03:53 AM
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Re: Strictly Reptiles Convicted and Sentenced for Illegal Turtle Sales

I guess the first thing I thought of when I read this was the fact that other breeders sell captive born baby tortoises at pet stores and reptiles shows in FL all the time. It just seems wrong some how to let them "get away with it" and convict Strickly seemingly because they're a large scale operation.
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Old 07-22-2008, 03:55 AM
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Re: Strictly Reptiles Convicted and Sentenced for Illegal Turtle Sales

As far as I know it's regulated with all species.

There are a few loopholes to sell undersized turtles, and from what I hear, strickly was hit hard because they continued to sell red ear sliders after the ban.

Last edited by KrokadilyanGuy3 : 07-22-2008 at 03:56 AM.
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Old 07-22-2008, 03:56 AM
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Re: Strictly Reptiles Convicted and Sentenced for Illegal Turtle Sales

Quote:
Originally Posted by VexalUntil View Post
I guess the first thing I thought of when I read this was the fact that other breeders sell captive born baby tortoises at pet stores and reptiles shows in FL all the time. It just seems wrong some how to let them "get away with it" and convict Strickly seemingly because they're a large scale operation.
Great point, walk into any show and there are 100's of hatchling turtles for sale.
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Old 07-23-2008, 03:05 AM
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Re: Strictly Reptiles Convicted and Sentenced for Illegal Turtle Sales

I've seen places to that sell turtles that small, you just have to agree it's for educational purposes.

Can anyone explain whats wrong with selling the trutles this small, we can buy baby animals of all sorts of species whats with turtles?
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Old 07-23-2008, 03:49 AM
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Re: Strictly Reptiles Convicted and Sentenced for Illegal Turtle Sales

Chelonians under 4" attribute to more cases of salmonella infections for young children than bigger turtles and other herps.

More people are prone to buy baby turtles versus other smaller reptiles or larger turtles for their kids, so more turtles are handled without the washing of hands and are more apt to being stuck in kid's mouths.

That's pretty much the reason. We need to be baby sitted.

And I disagree with $5,000 per turtle..

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Old 07-23-2008, 06:21 AM
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Re: Strictly Reptiles Convicted and Sentenced for Illegal Turtle Sales

thanx, i guess it makes sense, but the baby turtles are so cute!!! and I place the big ones in my mouth, #$%^&#$%^&#$%^&#$%^& I need to be babysitted, know any young 18+ babysitters!!! lol
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Old 07-23-2008, 09:06 PM
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