Florida Shipping Restrictions - FOIA-01-507
Initial Request - Sent 8/31/01

Kim Pacheco
Assistant Director/FOIA Officer
4700 River Road, Unit 50
Riverdale, MD 20737-1232
Tel. (301) 734-4893
Fax. (301) 734-5941

Dear Ms. Pacheco,

I am requesting under the FOIA any and all records, correspondences, emails, studies, scientific data, scientific evidence, notes, meeting notes or anything that would pertain to this request. The request is being made of Dr. Wayne Wehling and/or any other Department of Agriculture personnel that had input in the decision to restrict the shipment of the following butterflies to Florida for release into the environment.

Monarch
Painted Lady
Gulf Fritillary

I believe these restrictions were implemented in or about the Month of December 2000. It could have occurred sometime before or after this date.

Thank you,

Jon Timko
President - IBBA

 

USDA Receipt Letter - Rec'd 9/28/01
USDA Letter Indicating Anticipated Delays
The required letter was not received
Status of Request/Comments
  • The documentation related to this request was received on JANUARY 12, 2002 and is included below
  • IBBA requested assistance from the offices of Senator Joseph Biden, Senator Thomas Carper, and Representative Mike Castle in expediting our request. The offices of these legislators officially contacted USDA to request information and status on our request. In addition, these legislators received information detailing the efforts the IBBA are making in ensuring fair and sensible science-based regulations.
  • At least 3 personal contacts were made with USDA by me (JT) regarding the status of our request.
Path Forward
  • The documentation received as a result of this FOIA request is not adequate to scientifically support the restrictions placed on shipment of butterflies to and from Florida.
  • Officials of the state of Florida have indicated that they did not request that these restrictions be instituted.
  • For these reasons, the IBBA will proceed to formally petition Dr. Wehling and the USDA to immediately rescind the Florida restrictions currently in place.
  • A formal petition was filed on March 14, 2002 by IBBA president Peggy Hatcher. The Request is as follows:

March 14, 2002

Wayne F. Wehling, Ph.D.
Plant Protection and Quarantine
Animal and Plant Health Inspection Service
U.S. Department of Agriculture
4700 River Road, Unit 133
Riverdale, MD 20737-1236

Dear Dr. Wehling:

We recently received information under the Freedom of Information Act in response to our request for information regarding the restriction on the interstate shipment of Monarch butterflies (Danaus plexippus) into and out of the state of Florida. As written, this policy restricts Monarch shipments into the state for release purposes to be from only certain eastern seaboard states. The policy also prohibits Monarchs from being shipped out of Florida. The policy also restricts shipments of Painted Lady (Agraulis vanillae) as well as Zebra Longwing (Heliconius charitonia) butterflies into Florida.

After reviewing the information obtained from the FOIA request, and communicating directly with Florida State permitting authorities at the department of agriculture, it is clear that there is no basis, scientific or otherwise, for these restrictions. Florida permitting authorities stated that they did not request these restrictions; they were not consulted about scientific or other reasons for instituting the restrictions; and were totally unaware that USDA put these restrictions in place.

On behalf of the members of the International Butterfly Breeders Association, I request that the policy restrictions put in place by USDA for Monarch, Painted Lady and Zebra Longwing butterflies be lifted immediately, with a return to the previous regulations for Florida, as approved by the state’s permitting authorities, Drs. Heppner, Thomas and Edwards.

Thank you,

Peggy Hatcher
President
International Butterfly Breeders Association (IBBA)

(hard copy to follow)

Requested Documentation from USDA (what we got)
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This is a document produced AFTER the FOIA request:

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