ALERT: Diamondback Terrapin ESA 2

UPDATE July 14, 2026: Comments may be submitted by clicking “SUBMIT A PUBLIC COMMENT” at https://www.federalregister.gov/documents/2026/07/14/2026-14098/endangered-and-threatened-wildlife-and-plants-90-day-findings-for-10-species. Comments are due by September 14, 2026.

July 13, 2026: The U.S. Fish and Wildlife Service (FWS) will post this in the Federal Register tomorrow (July 14) at https://www.federalregister.gov/public-inspection/2026-14098/endangered-and-threatened-species-90-day-findings-for-10-species. The notice contains the 90-day findings for 10 species, including the Diamondback terrapin (Malaclemys terrapin), which are proposed for listing under the Endangered Species Act. This is separate from the NOAA alert we posted at https://usark.org/24esa3/ regarding this species. FWS has concluded that the submitted petition presents substantial information indicating that listing the diamondback terrapin as a threatened or endangered species may be warranted.

USARK is collecting information from breeders, keepers, and dealers concerning captive population numbers and production. Please email us at info@usark.org if you work with Diamondback terrapins.

We will update with the comment link.

Read the document at https://usark.org/wp-content/uploads/2026/07/26-diamonback-terrapin-90-day-findings.pdf.

For inquiries regarding the Diamondback terrapin listing, contact: Matt Hinderliter, Regional Listing Coordinator, Northeast Regional Office, 601–720–6531, matthew_hinderliter@fws.gov

The process (briefly):

1. A petition is filed;
2. FWS 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, FWS can accept (positive 90-day finding) or dismiss (negative 90-day finding) the petition;
4. Following a positive 90-day review, FWS 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,” FWS will again announce a positive or negative finding;
6. Along with a 12-month finding that warrants listing, a proposed rule is published in the Federal Register, opening a second public comment period (typically 60 or 90 days);
7. The new regulation would not be final until FWS publishes the final rule in the Federal Register. The new regulation’s effective date would be listed with the final rule, or FWS 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 that does not recognize and allow practical means for the legal trade of captive-bred turtles to continue will;

1. Cause prices in the overseas market to skyrocket for wild-caught animals, thus incentivizing poaching and creating more pressure on wild populations;
2. ban interstate sales of captive-bred terrapins (and intrastate sales in some states);
3. make currently owned terrapins illegal in many U.S. states under state and local laws (many of which ban possession of all ESA species);
4. create genetic bottlenecks for anyone capable of still legally producing terrapins;
5. disincentivize most breeding programs;
6. halt the global population growth occurring through herpetoculture;
7. thwart breeding programs under human care;
8. criminalize pet owners;
9. 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.

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.