BEFORE THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
PETITION TO PROTECT DIAMONDBACK TERRAPINS (MALACLEMYS TERRAPIN)
FROM MORTALITY IN BLUE CRAB POTS BY REQUIRING BYCATCH
REDUCTION DEVICES IN RECREATIONAL AND COMMERCIAL FISHERIES


Credit: George L. Heinrich


CENTER FOR BIOLOGICAL DIVERSITY
FLORIDA TURTLE CONSERVATION TRUST
DIAMONDBACK TERRAPIN WORKING GROUP


January 28, 2020


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Notice of Petition


Eric Sutton
Executive Director
Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL 32399-1600
(850) 487-3796
Eric.Sutton@MyFWC.com


Thomas Eason, Ph.D.
Assistant Executive Director
Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee, FL 32399-1600
(850) 487-3796
Thomas.Eason@MyFWC.com

Petitioners

Elise Pautler Bennett
Reptile and Amphibian Staff Attorney
Center for Biological Diversity
P.O. Box 2155
St. Petersburg, FL 33731
(727) 755-6950
ebennett@biologicaldiversity.org

George L. Heinrich
Executive Director
Florida Turtle Conservation Trust
1213 Alhambra Way S.,
St. Petersburg, FL 33705-4620
(727) 599-1843
george@heinrichecologicalservices.com

Joseph Butler, Ph.D.
Treasurer
Diamondback Terrapin Working Group
2883 Dickie Court
Jacksonville, Florida 32216
(904) 728-5661
jbutler@unf.edu


3

Submitted this January 28, 2020

Pursuant to Section 120.54(7), Florida Statutes, the Center for Biological Diversity, Florida
Turtle Conservation Trust, and Diamondback Terrapin Working Group hereby petition the
Florida Fish and Wildlife Conservation Commission to formally adopt a rule requiring bycatch
reduction devices in all blue crab pots to protect the diamondback terrapin. Crab pots
indiscriminately drown diamondback terrapins, contributing to terrapin declines and intensifying
negative effects from additional pressures like habitat loss, poaching, road mortality, and sea-
level rise, which already threaten populations range-wide.
The Center for Biological Diversity (Center) authored this petition. The Center is a non-profit,
public interest environmental organization dedicated to the protection of native species and their
habitats through science, policy, and environmental law. The Center is supported by more than
one million members and online activists throughout the United States, including more than
96,500 members and supporters in Florida. The Center and its members are deeply concerned
about the conservation of imperiled wildlife—including diamondback terrapins—and their
essential habitats.
The Florida Turtle Conservation Trust (FTCT) was formed in 1999 by a group of Florida
biologists and conservationists concerned with the conservation outlook for Florida turtles. The
FTCT’s purpose is to promote the conservation of all Florida turtle species and the preservation
of intact, free-ranging populations and their associated ecosystems throughout the state of
Florida. The FTCT is committed to and supports education, conservation, research, and
management efforts with the above goals in mind.
The Diamondback Terrapin Working Group was formed in 2004 by individuals from academic,
scientific, regulatory and private institutions/organizations working to promote the conservation
of the diamondback terrapin, the preservation of intact, wild terrapin populations and their
associated ecosystems throughout their range. The Diamondback Terrapin Working Group is
committed to and supports research, management, conservation, and education efforts with the
above goals in mind.


4

Table of Contents

I.
INTRODUCTION ........................................................................................................................... 5
II.
BACKGROUND ............................................................................................................................. 6
a.
The Diamondback Terrapin .............................................................................................................. 6
i.
Life History ................................................................................................................................... 7
ii. Status and Threats ........................................................................................................................ 7
b. Crab Pot Mortality ............................................................................................................................ 8
i. Active Pots .................................................................................................................................. 10
ii. Ghost and Derelict Pots ............................................................................................................. 12
iii. Crab pot mortality in Florida ..................................................................................................... 13
c. Bycatch Reduction Devices ............................................................................................................ 14
i. Effect on Terrapin Mortality ....................................................................................................... 15
ii. Effect on Crab Haul .................................................................................................................... 16
III.
JUSTIFICATION FOR THE REQUESTED RULEMAKING ..................................................... 18
a. The Diamondback Terrapin Is Imperiled and Cannot Sustain Impacts
from Crab Pot Mortality .................................................................................................................. 18
b.
BRDs Protect Diamondback Terrapins While Boosting Marketability of
Crabs from Florida’s Waters ........................................................................................................... 20
i. BRDs Protect Terrapins from Needless Drowning Deaths ........................................................ 20
ii. BRDs Have Little to No Effect on Crab Haul ............................................................................. 20
iii. BRDs Are Inexpensive ................................................................................................................ 21
iv. BRDs Make Florida’s Crabs More Marketable in an Increasingly
Environmentally Conscious Market ............................................................................................ 22
c. Other States in the Diamondback Terrapin’s Range Require Bycatch Reduction Devices ............ 23
IV.
PROPOSED RULE AMENDMENT ............................................................................................. 24
V.
CONCLUSION .............................................................................................................................. 30
VI.
LITERATURE CITED .................................................................................................................. 30

Appendix A
Survey of Scientific Literature Evaluating the Effect of BRDs on Terrapin Mortality .............................. 38

Appendix B
Survey of Scientific Literature Evaluating the Effect of BRDs on Crab Haul ........................................... 41



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I.
INTRODUCTION
The diamondback terrapin (Malaclemys terrapin) is the only turtle species in the world that lives
exclusively in brackish coastal habitats (Wood 1995). It occurs in the United States along the
coasts of the Atlantic Ocean and Gulf of Mexico, and in Bermuda. Although the terrapin’s
ancestors date back as far as the late Pleistocene (Ehret and Atkinson 2018 at 32), the species is
now in decline (Roosenburg et al. 2019).
Crab pot mortality—death by drowning in pots set to capture blue crabs (Callinectes sapidus)—
is one of the greatest threats to the diamondback terrapin’s existence (Butler et al. 2006; Grosse
et al. 2011; Chambers and Maerz 2018). A fleet of active blue crab pots is capable of steadily
removing individual terrapins from a population until it can no longer sustain itself (Roosenburg
et al. 1997; Butler and Heinrich 2007), while just one or two inactive or “ghost” pots are capable
of killing large numbers of individuals in a population over a single crabbing season (<1 year)
(Grosse et al. 2009). Because the terrapin’s life history traits prevent it from absorbing chronic
increases in adult mortality, crab pots can rapidly cause reduction in population size (Roosenburg
1991 at 231–232; Hoyle and Gibbons 2000 at 736). Roosenburg et al. (1997) estimated that
mortality rates caused by the recreational use of crab pots in Maryland alone could increase
annual terrapin mortality rates between 15-78%, which can cause decline and rapid extirpation of
local populations. Similarly, Hart (1999) modeled the impacts of terrapin bycatch and mortality
in crab pots in Massachusetts, finding that even a low harvest rate (15%) could reduce a
population by 49% after 15 years. Moderate (30%) and intense (75%) harvest rates produced
77% and 92% population reductions, respectively, over the same time period (Hart 1999 at 46).
Bycatch reduction devices (also known as BRDs or terrapin excluder devices) can prevent the
majority of terrapins from drowning in crab pots while having little to no effect on the number or
size of crabs captured (reviewed in Chambers and Maerz 2018; Roosenburg 2004; Butler and
Heinrich 2007). Recognizing the significant threat crab pot mortality poses to terrapins, several
states require blue crab pots to have BRDs, and even more states are considering similar
measures. However, the Florida Fish and Wildlife Conservation Commission has failed to adopt
or even consider similar conservation action despite clear evidence that crab pot mortality is a
threat (Butler and Heinrich 2007; Chambers and Maerz 2018).

Florida’s Constitution tasks the Florida Fish and Wildlife Conservation Commission with
“exercis[ing] the regulatory and executive powers of the state with respect to wild animal life[,]
fresh water aquatic life[,] and . . . marine life” for the purpose of managing, protecting, and
conserving them. Fla. Const. art. IV, § 9. To that end, the Commission has implemented many
regulations in the interest of conserving and protecting imperiled wildlife. See, e.g., Fla. Admin.
Code Ann. r. 68A-1.002 (2012) (stating that “[a]ll wild animal life within the jurisdiction of the
State of Florida . . . is subject to the regulation of the Commission”); e.g. id. at r. 68A-18.004
(creating wildlife refuges in which it is illegal to take wildlife); id. at r. 68A-27.0001–27.007
(establishing rules under the Florida Endangered and Threatened Species Act).
Florida’s Administrative Procedure Act provides that “[a]ny person . . . having substantial
interest in an agency rule may petition an agency to adopt, amend, or repeal a rule.” Fla. Stat.
§ 120.54(7); see also Fla. Stat. § 379.1025 (authorizing the Florida Fish and Wildlife
Conservation Commission to adopt rules and regulations pursuant to Chapter 120). Within 30
6

days of receiving the petition, the agency must either “initiate rulemaking proceedings . . . ,
otherwise comply with the requested action, or deny the petition with a written statement of its
reasons for the denial.” Fla. Stat. § 120.54(7). Under this authority and for the reasons explained
below, Petitioners respectfully request that the Florida Fish and Wildlife Conservation
Commission grant this petition and initiate rulemaking proceedings to amend its current
regulations to require BRDs on commercial and recreational blue crab pots to protect
diamondback terrapins. While Petitioners assert that requiring BRDs is the most effective
measure to protect terrapins, if the Commission declines to adopt a rule requiring BRDs,
Petitioners alternatively request that the Commission consider different measures that will
effectively address the effect of crab pot mortality on diamondback terrapins.
II. BACKGROUND
a. The Diamondback Terrapin
Named for the concentric, diamond-shaped rings on their shells, diamondback terrapins are
among the most beautiful and charismatic turtles in the United States. Though their colors may
vary between light gray, dark gray, brown, and nearly black, diamondback terrapins are easily
identifiable by their diamond-patterned shells and flecked or spotted heads and legs.
Diamondback terrapins are the only turtles that live exclusively in coastal brackish water
ecosystems, where freshwater meets the sea. There are seven traditionally recognized subspecies
of diamondback terrapin and Florida is home to five of them: the Carolina diamondback terrapin
(M. t. centrata), eastern Florida diamondback terrapin (M. t. tequesta), mangrove diamondback
terrapin (M. t. rhizophorarum), ornate diamondback terrapin (M. t. macrospilota), and
Mississippi diamondback terrapin (M. t. pileata). Three subspecies—eastern Florida, mangrove,
and ornate—occur only in Florida. Experts now recommend recognizing four discrete
populations or management units: Northeast Atlantic, Coastal mid-Atlantic, Florida, and
Texas/Louisiana (Hart et al. 2014; Lovich and Hart 2018). Of the 16 states within the terrapin’s
range, Florida has the greatest expanse of coastal habitat (approximately 20% of the species’
entire range).
Diamondback terrapins are potentially keystone species in the salt marshes and mangroves they
inhabit, which means they help maintain the ecological health of their associated ecosystems.
Among the prey of diamondback terrapins are the salt marsh snails (Littorina spp.) (Tucker et al.
1985), which in high numbers contribute to loss and erosion of salt marshes by grazing on the
epiphytes that live on stems of grasses and thereby killing the grasses (Silliman and Bertness
2002). Because terrapins feed on the snails, it has been suggested that their potential effect on
snail populations could reduce salt marsh erosion and loss. The potential top down predation
effect suggest that the terrapin may play an important role in salt marsh ecosystem function,
particularly when terrapins occur at high densities. (See Brennessel 2007). Terrapins also move
substantial quantities of nutrients and calories from the water to land in the form of eggs and
adult terrapins, which are then eaten by a variety of terrestrial and avian predators (Seigel 1980a;
Clark 1982; Cecala et al. 2008).
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i. Life History
Diamondback terrapins spend most of their lives in nearshore habitat (Roosenburg et al. 1999).
Their diets include snails, claims, mussels, small crabs, fish, and annelid worms (Tucker et al.
1985; Butler et al. 2012). Male terrapins mature around 2 to 7 years of age, while female
terrapins become reproductively mature between 4 and 8 years of age (Seigel 1984; Lovich et al.
2018 at 65–66). In Florida, one study found female terrapins mature at 4 to 5 years, while male
terrapins mature at 2 to 3 years (Seigel 1984; Lovich et al. 2018 at 66).
In the spring, terrapins form courtship and mating aggregations for several days to weeks; and
beginning in late spring and continuing into the summer, female terrapins come to land to dig
nests and lay their eggs (Butler et al. 2018). Wild female terrapins produce one or two clutches
of eggs per year, though triple clutches have been reported in Florida (Lovich et al. 2018 at 66–
67; Heinrich, pers. comm. 2019). Clutch sizes range from 1 to 23 eggs, though clutch sizes tend
to be smaller in Florida based on studies of the Florida east coast diamondback terrapin (6.7
eggs) and the Carolina diamondback terrapin (6.7 eggs) (Seigel 1980b; Butler 2000; Lovich et al.
2018 at 66–67).
As with most turtle species, terrapins appear to have relatively low nesting success and hatchling
survival (Lovich et al. 2018 at 69; Butler et al. 2018 at 85). The rate of success varies among
sites, from season to season, and depending on threat factors like the presence of predators
(Butler et al. 2018 at 85–86). In northeastern Florida, in one year only 22.8% of nests that were
discovered intact hatched, and in another year 33.8% hatched (Butler et al. 2018 at 85). Nest
predation has ranged from 1-98.9% for northern diamondback terrapins (Burger 1977;
Roosenburg 1992; Feinberg and Burke 2003), and 82–87% for Carolina diamondback terrapins
in Florida (Butler et al. 2004). Because terrapins exemplify turtle life history traits of delayed
reproduction, low nest/juvenile survival, and longevity, increased mortality of adult terrapins
results in rapid population decline (Roosenburg and Butler 2018).
ii. Status and Threats
The International Union for the Conservation of Nature (IUCN) Red List ranks the diamondback
terrapin’s global status as Vulnerable and describes its population trend as decreasing
(Roosenburg et al. 2019). Of 54 researchers surveyed across the terrapin’s range in 2006, 29.6%
said the diamondback terrapin was declining in their state, 14.8% said populations were stable,
and 55.6% said the status was unknown (Butler et al. 2006). No one considered populations to be
increasing (Butler et al. 2006). Surveys of the 14 researchers from Florida reached mixed results,
with some opining terrapin population statuses were unknown, some declining, and some stable
(Butler et al. 2006). These mixed responses may have been due to the fact that some researchers
had specific areas in mind when they declared populations to be declining or stable, while others
assessed statewide populations and ranked their status unknown due to insufficient data (Butler
et al. 2006).
Anthropogenic threats to terrapins remain, making the species’ future survival tenuous in some
locales (Butler and Roosenburg 2018). Threats to the diamondback terrapin include habitat
destruction and degradation (Butler et al. 2006; Hart and Lee 2007 at 211); road mortality (Wood
and Herlands 1997; Butler et al. 2006; Szerlag and McRobert 2006; Maerz et al. 2018); sea-level
8

rise caused by global climate change (Hunter et al. 2015; Woodland et al. 2017); pollution
(Butler et al. 2006; Blanvillain et al. 2007; Drabeck et al. 2014 at 132–133; Roosenburg et al.
2019); boat strikes (Lester et al. 2013); predation (Butler et al. 2004; Draud et al. 2004; Butler et
al. 2006); collection for personal and commercial purposes, including the effects of large-scale
historic commercial harvesting and current poaching (Hart and Lee 2007 at 207), and inadequate
regulatory measures to address these threats (Roosenburg et al. 2019). Terrapin mortality in crab
pots has been and continues to be one of the major threats to terrapins, and it has been studied in
nearly every state in the species’ range (Butler and Roosenburg 2018), as reviewed in the
following section. When surveyed in 2006, experts ranked (not in any particular order) predation,
habitat loss, and crab pot mortality as the three greatest threats to terrapins in Florida (Butler et
al. 2006).
b. Crab Pot Mortality
Commercial and recreational crab pots pose a serious threat to diamondback terrapins at the
individual, population, and species level (Roosenburg et al. 1997; Crowder et al. 2000 at 1;
Roosenburg 2004; Chamber and Maerz 2018). Terrapins enter submerged crab pots and die
when they cannot escape to breathe at the water’s surface. This can occur in a short period of
time—less than five hours (Crowder et al. 2000 at 1). The problem is often compounded when
these gregarious turtles follow one another into pots (Bishop 1983 at 428; Butler and Heinrich
2007). Experts posit that terrapins have an innate curiosity to investigate things and that the
presence of a terrapin in a crab pot may attract additional turtles, thus increasing the likelihood of
large kills in crab pots (Roosenburg 1991 at 231). They also find that crab pots attract terrapins
whether or not they are baited (Chambers and Maerz 2018).
Blue crab pots are present throughout the terrapin’s range, as commercial and recreational crab
fisheries are active to varying degrees in nearly every coastal state along the Atlantic and Gulf
coasts (Chambers and Maerz 2018). Even when crabbing potential may be small in a state, it can
have a severe effect on a local scale (Roosenburg et al. 1997; Tucker et al. 2001; Grosse et al.
2009; Chambers and Maerz 2018). While commercial crabbing is generally distributed broadly
across open water, in many states including Florida it also is allowed in tidal creeks associated
with large river systems that intersect with coastal salt marsh habitat (Chambers and Maerz
2018). Commercial harvest of peeler crabs occurs seasonally in small tidal creeks when crabs are
molting, which places crab pots in critical terrapin habitat (Chambers and Maerz 2018).
Furthermore, a large percentage of recreational crabbing occurs in shallow creeks and other areas
that intersect with terrapin habitat (Chambers and Maerz 2018). Both commercial and
recreational crab pots can end up as derelict or “ghost” pots in terrapin habitat (Chambers and
Maerz 2018). Crab pots fished in deeper waters may be lost and carried into terrapin habitat by
tides or storms, thereby affecting terrapins in shallow water (Chambers and Maerz 2018).
Crab pot mortality affects terrapin populations by removing mature adults and hindering the
population’s reproductive capabilities. While in some places female terrapins may grow too large
to enter pots, male terrapins never grow larger than the opening of a crab pot entrance and are
susceptible to crab pot mortality throughout their lives (Roosenburg et al. 1997; Chambers and
Maerz 2018). In the southeast, female terrapins do not grow as large as more northern
populations and therefore do not grow large enough to avoid crab pot mortality (Chambers and
9

Maerz 2018). For example, in one Alabama population, 85% of female terrapins sampled were
susceptible to crab pot mortality (Coleman et al. 2014; Chambers and Maerz 2018).

Diamondback terrapins captured in a crab pot in Indian Bayou, Santa Rosa County, Florida
(Source: University of Florida IFAS/Molly O’Connor)
Crab pot mortality is a long-documented threat to diamondback terrapins across their range, with
dozens of studies published over the last 75+ years (Davis 1942; Bishop 1983; Marion 1986;
Burger 1989; Mazzarella 1994; Mann 1995; Wood and Herlands 1996; Roosenburg et al. 1997;
Wood 1997; Guillory and Prejean 1998; Hoyle and Gibbons 2000; Roosenburg and Green 2000;
Cole and Helser 2001; Butler 2002, 2000; Roosenburg 2004; Butler and Heinrich 2007; Grosse
et al. 2009). These studies span several states, including Florida (Butler and Heinrich 2007),
Georgia, New York, New Jersey, Delaware, Maryland, North Carolina, South Carolina,
Louisiana, and Mississippi.
Experts agree that the capture and drowning of terrapins in crab pots is a major threat to terrapin
populations throughout their range (Burger 1989; Siegel and Gibbons 1995; Wood 1997;
Roosenburg 2004; Butler et al. 2006; Butler and Heinrich 2007). This is because crab pots can
eliminate local terrapin populations (Roosenburg et al. 1997 at 1171). Population-level impacts
also include rapid, large-scale declines (Roosenburg et al. 1997 at 1170; Cole and Helser 2001;
Roosenburg 2004 at 24; Grosse et al. 2009 at 99); skewed sex ratios (Bishop 1983 at 427;
Roosenburg 1991 at 231; Roosenburg et al. 1997 at 1170; Hoyle and Gibbons 2000 at 735;
Dorcas et al. 2007 at 336–337; Butler and Heinrich 2007 at 183; Grosse et al. 2009 at 99; Grosse
et al. 2011 at 765); skewed age distribution (Dorcas et al. 2007 at 338–339); and skewed size
distribution (Dorcas et al. 2007 at 3336–337; Grosse et al. 2011 at 763, 766; Lovich et al. 2018 at
71). Because terrapins’ life history traits prevent them from absorbing chronic adult mortality,
crab pots can cause “significant localized consequences” for local populations (Roosenburg 1991
at 231–232; Hoyle and Gibbons 2000 at 736).
Crab pots essentially cause two “levels” of terrapin mortality: (1) a “constant background
mortality” from many crab pots that are regularly fished over a long period of time; and (2) acute
mortality events from individual crab pots that have been lost or abandoned (“ghost” or
“derelict” pots) (Roosenburg et al. 1997 at 1167; Roosenburg 2004). In other words, regularly
fished crab pots have the potential to consistently capture smaller numbers of terrapins over time,
10

while ghost pots can capture more terrapins in one pot over a relatively shorter time (Roosenburg
et al. 1997 at 1167).
i. Active Pots
As early as the 1940s, scientists observed the harmful effects of crab fishing gear on terrapins.
Through studies in Florida, scientists have found that the same risk exists in Florida’s waters
(Butler and Heinrich 2007). The following is a survey of published studies documenting terrapin
mortality in active crab pots.
Davis (1942) studied crab pot bycatch in Maryland waters and “definitely established that pots
will capture terrapin” (Davis 1942 at 16). Although the results were limited, Davis found that
three large diamondback terrapins were taken, and two drowned (Davis 1942 at 16–17). The
third would have drowned had the pot not been partially protruding from the water so the turtle
could obtain air (Davis 1942 at 17).
Bishop (1983) studied crab pot mortality from two South Carolina estuaries over three years and
recorded 281 diamondback terrapins (195 male and 86 female) captured in baited and unbaited
crab pots.1 Based on 1982 records that there were 458 licensed crabbers fishing from 50–100
crab pots, and assuming an average number of 60 pots per crabber with 40% of those pots being
fished in near-shore shallow waters where terrapins live, Bishop estimated that 2,853 terrapins
were captured daily during April and May, with mortality estimated at 285 terrapins (Bishop
1983 at 428). This estimate fails to account for mortalities resulting from ghost pots.
Wood (1997) investigated the effect of crabbing on terrapins in New Jersey, including the extent
of terrapin bycatch in commercial crab pots and the mortality levels of terrapins caught in those
pots. He found that 19 terrapins (8 male, 11 female) were caught at a capture rate of 15 terrapins
per 100 trap-days (Wood 1997 at 23). Although Wood checked pots twice daily to minimize
drowning of terrapins, four were drowned, causing a slightly greater than 20% mortality rate
(Wood 1997 at 23). Wood observed that commercial crabbers check pots no more than once per
day, and that the terrapin mortality may have approached 100% (Wood 1997 at 23).
Roosenburg et al. (1997) studied the rate of capture, size, sex, and age of terrapins captured in
crab pots and determined the potential effect of crab pot mortality on local populations in the
shallow water areas of Chesapeake Bay, Maryland. They estimated terrapin capture rates of 0.17
terrapins per pot per day (Roosenburg et al. 1997 at 1168). Based on these numbers, the
scientists estimated that 15–78% of a local population may be captured in a single year
(Roosenburg et al. 1997 at 1169). Thus, they estimated that local terrapin populations could be
extirpated in 3 to 4 years (Roosenburg et al. 1997 at 1170).
Hoyle and Gibbons (2000) studied twenty recreational crab pots in South Carolina (Hoyle and
Gibbons 2000 at 735). During the 760 days the crab pots were deployed, 21 captures were made
of 19 individual terrapins (Hoyle and Gibbons 2000 at 735). Based on an estimated population
size of 168 to 299 terrapins, and an estimated annual recruitment of 12 to 17 terrapins, the
scientists estimated that 6–11% of the population would potentially be removed from the local

1 Because the traps were checked daily during the study, less than 10% of captured terrapins died (Bishop 1983 at
427-428).
11

population2 (Hoyle and Gibbons 2000 at 735–736). Because terrapins’ life history traits prevent
them from absorbing chronic adult mortality, the scientists concluded that crab pots could cause
“significant localized consequences” for local populations (Hoyle and Gibbons 2000 at 736).
Hoyle and Gibbons also found that recreational pots could be a greater threat to terrapins than
commercial pots because local crabbers are able to access smaller creeks than commercial
crabbers, where terrapins are more populated (Hoyle and Gibbons 2000 at 736). Recreational
crabbers are also more likely to leave their pots in the water for a longer period of time without
checking them, and even unintentionally abandon them (Hoyle and Gibbons 2000 at 736).
Dorcas et al. (2007) studied 21 years of mark-recapture data (more than 2,800 captures of 1,399
individuals) from a declining diamondback terrapin population in Kiawah Island, South
Carolina, to determine whether a population decline there was the result of mortality in crab pots.
They found that since the 1980s, the modal size of both male and female terrapins had increased
substantially and that the proportion of females was higher than earlier samples (Dorcas et al.
2007 at 336–337). They also noted that the studied population contained more old and fewer
young terrapins than before (Dorcas et al. 2007 at 336). This change in the age of the population
is also reflected in the size of individual terrapins (Dorcas et al. 2007 at 336). Based on their
observations of changes in demography and sex ratio, the scientists suggested that the terrapin
population declined as a result of selective mortality of smaller terrapins in crab pots (Dorcas et
al. 2007 at 338–339). Another later study in South Carolina showed that in a creek where
bycatch mortality was high, terrapins rarely survived to reproduce (Tucker et al. 2001).
Grosse et al. (2011) contemporaneously studied two of the primary conservation concerns for
diamondback terrapins: road mortality from coastal traffic and bycatch mortality in crab pots.
They captured 1,547 individual terrapins among 29 tidal creeks in Georgia and used mark-
recapture estimates of terrapin density and sex ratio to identify crab pot effects (Grosse et al.
2011 at 764–765). They observed that 153 terrapins—approximately 10% of all live terrapins
they observed in the study creeks—drowned in 5 crab pots within study creeks, 83% of which
were males (Grosse et al. 2011 at 765). Among all sites, terrapin density declined with increasing
crabbing activity within the creek, whereas population density was not related to proximity of
roads (Grosse et al. 2001 at 765–766). The scientists also found that there was a significantly
larger proportion of smaller-sized terrapins in creeks with no crabbing activity (Grosse et al.
2011 at 763, 766). Thus, they concluded that crabbing activities are linked to terrapin population
declines in Georgia and recommended that states focus on reducing bycatch risk by regulating
fishing times, requiring the use of BRDs, and removing lost or abandoned crab pots from coastal
habitats (Grosse et al. 2011 at 766–769).
Hart and Crowder (2011) estimated that if each of the approximately 7,500 crab fishers in North
Carolina catches a number of terrapins similar to those observed in their study, and roughly 50%
of that catch is removed from terrapin populations due to mortality (consistent with their study),
then tens of thousands of terrapins could be removed from populations each year (Hart and
Crowder 2011 at 269). Thus, terrapin capture and mortality in actively fished commercial crab
pots may represent an extremely large collective effect on local terrapin populations (Hart and
Crowder 2011 at 269).

2 The two recaptures were excluded from the study (Hoyle and Gibbons 2000 at 735).
12

Coleman et al. (2014) found that although it is generally accepted that male and juvenile female
terrapins are more vulnerable to crab pot mortality than adult females, fully mature females in
some parts of the terrapin’s range may be smaller and equally capable of entering crab pots
(Coleman et al. 2014 at 142). Because loss of female terrapins means the loss of greater long-
term reproductive potential, crab pot mortality could be more devastating to terrapin populations
in some areas than previously considered (Coleman et al. 2014 at 143–144).
ii. Ghost and Derelict Pots
For the purposes of this petition, the term “ghost pot” includes crab pots that are accidentally lost
or intentionally abandoned, as well as derelict crab pots that are irresponsibly left in the water for
long periods of time without regular supervision. Ghost pots may result from permanent
abandonment of fishable pots by crabbers who leave the fishery seasonally or permanently when
it is logistically difficult to transport the pots for either temporary storage or permanent disposal,
temporary storage sites are not available, or it is difficult or expensive to dispose of them
(Guillory et al. 2001 at 2). Crab pots may also be inadvertently lost due to uncontrollable weather
or hydrological factors such as tides, currents, and storm surges; deterioration of buoys, lines, or
knots; negligent assembly or maintenance of buoys and lines; unintentional clipping of lines by
boat propellers; or intentional cutting of buoy lines by vandals (Guillory et al. 2001 at 2).
Because commercial crabbers use large numbers of durable pots, ghost pots can persist for long
periods of time (Guillory et al. 2001 at 1).
Ghost pots are considered to be even more detrimental to terrapin populations than actively
fished pots3 (Bishop 1983 at 428; Guillory et al. 2001 at 4; Rook et al. 2010 at 172). This is
because ghost pots are ongoing threats and have the capacity to capture great numbers of
terrapins if they remain abandoned or lost (Rook et al. 2010 at 172). For example, Bishop (1983)
found one ghost pot with 28 dead, decomposing terrapins in South Carolina (Bishop 1983 at
429), and Roosenburg (1991) found a ghost pot with 49 terrapin shells, and remains of even
more terrapins in Maryland (Roosenburg 1991 at 231). The number of dead terrapins in that
single crab pot represented an estimated 1.6–2.8% of the local population (Roosenburg 1991 at
231).
Grosse et al. (2009) reported finding 133 diamondback terrapin carcasses among two abandoned
crab pots in one tidal marsh in Georgia, consisting of more than double the remaining estimated
population. One abandoned pot contained 94 dead terrapins, and another pot located
approximately 100 meters from the first contained 23 dead and one live terrapin (Grosse et al.
2009 at 98). Because the scientists were prohibited by law from removing the pots, they
continued to observe it during their 2-month sampling period and observed additional dead
terrapins in the derelict crab pots (Grosse et al. 2009 at 98). They estimated that 91% of the total
terrapin biomass in the tidal creek was lost as a result of neglected crab pots (Grosse et al. 2009
at 99).

3 Ghost pots are also known to capture other vertebrates such as river otters (Lontra canadensis) and raccoons
(Procyon lotor) (Guillory et al. 2001 at 4).
13


Terrapin carcasses found in abandoned crab pot in Georgia
(Source: Grosse et al. 2009)
During Hoyle and Gibbons’ (2000) study in South Carolina, the scientists inadvertently created a
ghost pot scenario when two of their test pots became entangled during a high spring tide when
they were not being monitored (Hoyle and Gibbons 2000 at 735). Four terrapins entered those
pots and died (Hoyle and Gibbons 2000 at 735). The scientists estimated that those two lost pots
could account for more terrapin captures than all 20 pots set during the study year (Hoyle and
Gibbons 2000 at 736).
The number of terrapins lost to ghost pots is exponentially amplified by the number of ghost pots
present in terrapin habitat. The commercial fishery generates many ghost pots each year
(Chambers and Maerz 2018). These abandoned pots are abundant, and every year more become
marine debris in shallow estuaries, sometimes directly in terrapin habitat (Chambers and Maerz
2018; Bishop 1983 at 429). Though the numbers and location of ghost pots are unknown,
scientists believe they are frequently abandoned or lost (Roosenburg 1991 at 231). Guillory et al.
(2001) estimated that approximately 250,000 derelict crab pots are added to the Gulf of Mexico
annually (Guillory et al. 2001 at 2–3).
iii. Crab pot mortality in Florida
Crab pot mortality is a longstanding and ongoing threat to terrapins in Florida, with observed
mortality events spanning decades. For instance, between 1979 and 1993, population declines
14

attributed to crab pots were reported in Florida at the Kennedy Space Center (Lovich et al. 2018
at 69). In 1972, 23-27 deceased terrapins were observed in a single crab pot on the Alafia River
(Godley, pers. comm. 2019). The terrapins were discovered in a partially submerged crab pot on
the south side of the Alafia River, about 1.1 kilometers east of Bird Island (Godley, pers. comm.
2019). The terrapins were taken to a lab at University of South Florida, where they were sorted
and examined (Godley, pers. comm. 2019). Most of the deceased terrapins were subadults, with
several adult males (Godley, pers. comm. 2019). No adult female terrapins were discovered in
the pot (Godley, pers. comm. 2019). The USF catalogues and specimens no longer exist (Godley,
pers. comm. 2019).
On May 5, 2008, five deceased terrapins were observed in an abandoned crab pot in Indian
Bayou in Santa Rosa County, Florida (O’Connor pers. comm. 2019). Another single dead female
terrapin was observed in a crab pot on May 10, 2010 (O’Connor pers. comm. 2019).
Butler and Heinrich (2007) also suggests that terrapins in Florida can drown in significant
numbers in crab pots. The results indicated that a mere fifteen pots in Florida waters could lead
to the deaths of up to 68 terrapins throughout May (Butler and Heinrich 2007 at 183).
There are also anecdotal reports of crab pots remaining in Florida waters for years at a time,
including through seasonal closures of blue crab pots for derelict trap removal (Godley, pers.
comm. 2019). These neglected pots represent a significant risk to terrapins because they are not
checked frequently and are susceptible to being lost or abandoned during storm events.
c. Bycatch Reduction Devices
Bycatch Reduction Devices (also called “BRDs” or “terrapin excluder devices”) prevent
terrapins of a certain size from entering the pot (Roosenburg 2004 at 23). They are designed
specifically to prevent terrapin bycatch. Designed in the early 1990s (Wood 1997 at 23), experts
now recognize the BRD as the “best and most feasible solution to reducing terrapin mortality in
crab pots” (Roosenburg 2004 at 27).

An example of a plastic terrapin excluder device
(Source: South Carolina Department of Natural Resources)
BRDs have been well-studied in several states, and their effectiveness and effect on the crab
fishery vary among geographic regions (Roosenburg 2004 at 26). However, there is a general
consensus that 4.5 x 12-centimeter (cm) BRD is effective at reducing terrapin entrapment
15

(Roosenburg 2004 at 26). Likewise, studies have found that both the 4.5 x 12 cm and the 5 x 10
cm BRD have a minimal effect on crab catch (Roosenburg 2004 at 26). These findings have been
tested in Florida, with similar results (Butler and Heinrich 2007).
i. Effect on Terrapin Mortality
Experts have studied BRDs of various sizes in several geographic regions within the terrapin’s
range. All studies found that crab pots with BRDs successfully limited terrapin bycatch to some
degree, ranging from 12-100% effectiveness, with smaller BRDs generally being more effective
than larger BRDs. The studies widely found that BRDs measuring 4.5 x 12 cm are sufficiently
effective at reducing crab pot mortality without significantly affecting the size or number of
crabs caught.4 Table 1 summarizes the findings from studies that evaluated the ability of BRDs
to reduce terrapin bycatch in blue crab pots. More detailed summaries of the studies are provided
in Appendix A.

Table 1: Survey of Publications Evaluating the Ability of BRDs
to Reduce Diamondback Terrapin Mortality in Blue Crab Pots

Article
State
BRD size (cm) % terrapins excluded
Butler and Heinrich (2007)
FL
4.5 x 12
73.2%
Cole and Helser (2001)
DE
3.8 x 12
100%
4.5 x 12
*67%
5 x 10
59%
5 x 12
12%
Crowder et al. (2000)
NC
4 x 16
100%
4.5 x 16
100%
5 x 16
100%
Hart and Crowder (2011)
NC
4.5 x 16
77%
5 x 16
28%
Mazzarella (1994)
NJ
5 x 10
**90.5%
Morris et al. (2011)
VA
4.5 x 12
100%
Rook et al. (2010)
VA
4.5 x 12
95.7%
Roosenburg and Green (2000)
MD
4 x 10
100%
4.5 x 12
82%
5 x 10
47%
Wnek (2019)
NJ
4.5 x 12
100%
5 x 15
100%
5.1–6.4 × 7.3
(curved)
100%
*averaged percentages for male terrapins and female terrapins
**averaged numbers from two separate seasons


4 See Section II(c)(ii), Effect on Crab Haul.
16


Notably, BRDs have successfully reduced terrapin mortality in crab pots in Florida waters.
Butler and Heinrich (2007) evaluated whether 4.5 x 12 cm galvanized steel BRDs reduced
bycatch mortality of diamondback terrapins in commercial crab pots in Florida. They fished 15
pots without BRDs and 15 outfitted with BRDs at eight sites along the Atlantic and Gulf coasts
(including the Florida panhandle) during the summers of 2002-2005. Thirty-seven terrapins were
caught in standard pots and four in those with BRDs. They found that 73.2% of trapped terrapins
would have been excluded from pots with BRDs (Butler and Heinrich 2007 at 183–184).
Accordingly, Butler and Heinrich (2007) recommended that the Florida Fish and Wildlife
Conservation Commission devise and adopt regulations that require the use of 4.5 x 12 cm BRDs
on all commercial and recreational crab pots used in Florida waters.

ii. Effect on Crab Haul
Many studies also assess the effect of BRDs on the size and number of crabs captured, with the
goal of identifying a BRD design that successfully minimizes terrapin captures while having
minimal effect on crab haul. Nearly every study found at least one BRD size that had little to no
effect on crab haul, and they generally agree that a 4.5 x 12 cm BRD can successfully prevent
terrapin deaths while having insignificant impacts on crab haul (See Table 2, Appendix B).
Table 2: Survey of Publications Evaluating the Effect of BRDs on Crab Haul

Article
State BRD size (cm)
Finding
Butler and Heinrich (2007)
FL
4.5 x 12
no significant effect on sex, size, or number
of crabs captured
Cole and Helser (2001)
DE
3.8 x 12
substantial loss of legal-size blue crabs (26%
decrease with BRDs)
4.5 x 12
nominal loss of legal-size blue crabs (12%
total decrease, with 6% of most desirable
crabs with BRDs)
5 x 10
no statistical difference in blue crab catches
(2.4% increase with BRDs)
5 x 12
no substantial change in total blue crab
catch rates (0.2% increase with BRDs)
Cuevas et al. (2000)
MS
5 x 10
similar daily catch rates (mean 19.5 for traps
with BRDs and without) and crab size
frequency
Guillory and Prejean (1998)
LA
5 x 10
overall catch per trap day of sublegal, legal,
and total crabs was 14.5%, 37.9%, and 25.7%
greater, respectively, than in standard pots
Hart and Crowder (2011)
NC
4.5 x 16
BRD did not have a significant effect on
catch of either large male blue crabs or
peelers
5 x 16
17

Lukacovic et al. (2005)
MD
4.5 x 12
all categories of crab catch were significantly
lower in crab pots fitted with BRDs; in traps
without BRDs, overall crab catch was 35%
greater and catch of legal crabs was 28.5%
greater
Mazzarella (1994)
NJ
5 x 10
no significant difference in number of crabs
or size of crabs captured
Morris et al. (2011)
VA
4.5 x 12
no statistical difference between either the
number or size of legal-size crabs in crab
pots with and without BRDs on the first day
after baiting; significant difference in total
catch per unit effort and size across all other
days after; more legal-size crabs were caught
in pots without terrapin bycatch, but the
difference was not significant
Rook et al. (2010)
VA
4.5 x 12
crab catch equivalent between crab pots
with and without BRDs; slight increase
(marginal) in number, size, and biomass of
both legal-size and sublegal-size crabs in
pots with BRDs
Roosenburg and Green (2000)
MD
4 x 10
reduced the size and number of large and
mature female crabs
4.5 x 12
no effect on size or number of crabs caught
5 x 10
no effect on size or number of crabs caught
Wnek (2019)
NJ
4.5 x 12
no significant difference in number of crabs
caught; similar mean length, width, height
5 x 15
no significant difference in number of crabs
caught; similar mean length; smaller mean
width and height
5.1–6.4 × 7.3
(curved)
no significant difference in number of crabs
caught; similar mean length, width, height

Butler and Heinrich (2007) tested whether bycatch mortality of diamondback terrapins in
commercial crab pots is reduced by using 4.5 x 12 cm galvanized steel BRDs and whether those
devices limit blue crab catch. They captured 2,753 legal-sized crabs and found no significant
difference between the sex, measurements, or number of crabs captured in standard crab pots
versus crab pots with BRDs (Butler and Heinrich 2007 at 182).

Although BRDs have not been studied in large-scale commercial operations that fish more than
100 pots, anecdotal reports from crabbers who use BRDs in large-scale operations claim that
they see no effect—or maybe an improvement—in their crab catch (Roosenburg 2004 at 27).
BRDs may offer additional benefits to crabbers as well. For instance, BRDs reduce the rate of
entry of many large vertebrate bycatch including fish, turtles, and otters (Guillory and Prejean
1998 at 39). This frees up additional space in pots, which would otherwise be occupied by
nontarget species, to capture more crabs. The presence of terrapins in crab pots may cause crabs
to avoid crab pots. Morris et al. (2011) found that crab pots with terrapin bycatch in them had, on
18

average, fewer crabs per unit effort (Morris et al. 2011 at 388). Likewise, more legal-size crabs
were caught in pots without terrapin bycatch (Morris et al. 2011 at 388). Thus, keeping terrapins
out of crab pots may lead to the capture of more and larger crabs. Guillory and Prejean (1998)
have also suggested that increased crab catch in traps with BRDs could be due to increased
ingress and/or decreased egress through the entrance funnels (Guillory and Prejean 1998 at 39).
Finally, keeping terrapins out of crab pots may help keep crabs in marketable condition.
Davenport et al. (1992) studied terrapin feeding behavior on crabs by providing hungry male
terrapins crabs of different size classes and observing the terrapins’ behavior (Davenport et al.
1992 at 837–846). The size classes for crabs were small (10–25 mm carapace width), medium
(30-50 mm), and large (52–75 mm) (Davenport et al. 1992 at 837). They observed that although
terrapins are not specialized anatomically for a diet of hard-shelled animals, they will still exploit
such food sources if they are hungry and do not have other options (Davenport et al. 1992 at
846). Specifically, they will eat crabs (Davenport et al. 1992 at 846). Small crabs were eaten
whole, while medium and large crabs were “cropped”—that is, their walking legs were eaten
without killing the crab (Davenport et al. 1992 at 847). Applying their findings to diamondback
terrapins in the field, the scientists predicted that terrapins might eat blue crabs through a
“cropping” technique (Davenport et al. 1992 at 847). Generally, terrapins will attack smaller
crabs before medium crabs, and medium crabs before larger crabs (Davenport et al. 1992 at 847).
Because terrapins captured in crab pots are in closed conditions without access to their preferred
prey, it is possible that they will shear crabs, thus making them less marketable.
III.
JUSTIFICATION FOR THE REQUESTED RULEMAKING
a. The Diamondback Terrapin Is Imperiled and Cannot Sustain Effects from Crab Pot
Mortality
Wild turtle populations are characterized by a suite of life history characteristics that predispose
them to rapid declines when subjected to unnatural levels of adult mortality (Colteaux and
Johnson 2017 at 17; Heppell 1998; Galbraith et al. 1997; Congdon et al. 1993, 1994). Among
these characters are delayed maturity, low fecundity, high annual survivorship of adults, and high
natural levels of nest mortality (Reed and Gibbons 2003). Similarly, terrapins’ life history traits
prevent them from absorbing chronic adult mortality (Hoyle and Gibbons 2000 at 736).
Removing even a few diamondback terrapins from a population can have detrimental effects on
the population as a whole (Hoyle and Gibbons 2000). For this reason, experts rank crab pot
mortality as the greatest threat to the diamondback terrapin (Butler et. al. 2006 at 332) and have
emphasized that modifying pots to reduce terrapin mortality is of utmost importance (Baker et al.
2013 at 676).
Studies and anecdotal evidence demonstrate that blue crab pots can have devastating population-
level impacts on diamondback terrapins (Davis 1942; Bishop 1983; Marion 1986; Burger 1989;
Mazzarella 1994; Mann 1995; Wood and Herlands 1996; Roosenburg et al. 1997; Wood 1997;
Guillory and Prejean 1998; Crowder et al. 2000; Hoyle and Gibbons 2000; Roosenburg and
Green 2000; Cole and Helser 2001; Butler 2002, 2000; Roosenburg 2004; Butler and Heinrich
2007; Dorcas et al. 2007; Coleman et al. 2014; Chambers and Maerz 2018). A fleet of active crab
pots can significantly reduce a terrapin population over time by periodically removing a few
terrapins at a time (Hart and Crowder 2011 at 269). A single ghost pot—which can capture
19

dozens of terrapins at once—can wipe out an entire population in a relatively shorter period of
time (Grosse et al. 2009 at 99).

Reports of terrapin deaths in crab pots are so common that they have been documented in
numerous recent news stories and social media posts from across the species’ range, including
hundreds of terrapins in Virginia,5 20 terrapins in Maryland,6 91 terrapins in New Jersey,7 95
terrapins in Louisiana (Butcher et al. 2018 at 30), and 42 terrapins in New York.8 Most recently
in 2019, a Facebook post from Georgia reported more than 20 dead terrapins in a single pot,9 and
a Virginia report documented 30 dead terrapins in a pot.10

Florida terrapins are not immune to the effects of crab pot mortality. While the Florida Fish and
Wildlife Conservation Commission does not require crabbers to report terrapin mortality in their
pots, anecdotal evidence demonstrates that it is occurring (Lovich et al. 2018 at 69, Butler and
Heinrich 2007, Godley pers. comm. 2019, O’Connor pers. comm. 2019). Because most
commercial crabbers set hundreds of pots, they could cause “significant detrimental effects on
local populations” (Butler and Heinrich 2007 at 183). The scientists who conducted the study
estimate that “[t]he coastline of Florida represents over 20% of the entire terrapin range, so the
effect of crab pot mortality in this state has great significance, not only to Florida terrapins but to
the conservation of the entire species” (Butler and Heinrich 2007 at 180).

The potential for crab pot mortality in Florida is high because Florida has a long coastline that
allows for a high trapping effort in the crab fishery. Florida is considered one of the top four
states for recreational crabbing potential (Chambers and Maerz 2018). Derelict crab pots from
commercial and recreational pot fisheries are also a problem in Florida waters. Most recently in
July 2019, a team of volunteers collected 176 pots out of Tampa Bay during a derelict trap
removal event.11

5 Karl Blankenship, Derelict pots killing 3.3 million crabs annually in the Bay, BAY JOURNAL (Dec. 27, 2016),
https://www.bayjournal.com/article/derelict_pots_killing_3.3_million_crabs_annually_in_the_bay; Carol Vaughn,
Virginia bill aimed at protecting turtles passes Senate, DELMARVA NOW (Feb 10, 2016, 10:48 AM),
https://www.delmarvanow.com/story/news/local/virginia/2016/02/09/turtle-bill-passes-senate-house-subcommittee-
agenda/80070128/.
6 Save the terrapins, BALTIMORE SUN (Aug. 17, 2016, 12:15 PM),
https://www.baltimoresun.com/opinion/editorial/bs-ed-terrapin-20160817-story.html.
7 Dan Radel, Ghost pots: Abandoned crab traps are sea killers, ASHBURY PARK PRESS (May 6, 2017, 8:39
AM), https://www.app.com/story/news/local/land-environment/enviroguy/2017/05/05/1379-ghost-crab-pots-marine-
killer-water/101246090/; Maxwell Reil, About 80 turtles found dead on Sea Isle City beach, PRESS OF
ATLANTIC CITY (Jun. 4, 2018), https://www.pressofatlanticcity.com/news/about-turtles-found-dead-on-sea-isle-
city-beach/article_fbe05c8e-0c9e-508d-94ec-765c21d6cc5e.html.
8 Matthew Miller, Saving Terrapins from Drowning in Crab Traps, COOL GREEN SCIENCE (Mar. 27, 2018),
https://blog.nature.org/science/2018/03/27/saving-terrapins-from-drowning-in-crab-traps/.
9 Edwin Longwater, FACEBOOK (Apr. 18, 2019),
https://www.facebook.com/photo.php?fbid=601987793616969&set=pb.100014172614332.-
2207520000.1561385354.&type=3&theater.
10 SaraRose Martin, Along marshy edge of York River, you'll find dead turtles, drowned in the lost traps of crabbers,
THE VIRGINIA GAZETTE (Jun. 7, 2019, 7:45 AM), https://www.vagazette.com/news/va-vg-commercial-
crabbing-traps-0513-story.html.
11 Jorja Roman, Volunteers Collect Derelict Crab Traps from Pinellas Co. Waters, (July 13, 2019),
https://www.baynews9.com/fl/tampa/news/2019/07/13/volunteers-collect-derelict-crab-traps-from-pinellas-
waters?fbclid=IwAR3F3d9joBryHbm31ywvLsnn5roYCrKbDVrobf3qdaVzhoKKAxdc2RPh0YM.
20


When added to the suite of additional stressors across the species’ range, including habitat
destruction and degradation, road mortality, nest predation, boat strikes, poaching, climate
change, sea-level rise, and subsidized predation (Maerz et al. 2018), diamondback terrapins
cannot sustain the harmful impacts of crab pot mortality.
b. BRDs Protect Diamondback Terrapins While Boosting Marketability of Crabs from
Florida’s Waters
BRDs provide a simple and inexpensive method to reduce terrapin deaths in crab pots and
increase marketability of crabs caught in Florida’s waters. A rule requiring BRDs is justified
because BRDs protect most mature diamondback terrapins from drowning in pots, BRDs have
little to no effect on crab haul, BRDs are inexpensive, and using BRDs increases the
marketability of crabs fished from Florida’s waters.
Neither the commercial nor recreational blue crab fisheries have adopted these important
measures, and research shows that rules simply requiring crabbers to check pots once per day—
even if stringently followed—are not enough to combat terrapin mortality (Wood 1997).
i. BRDs Protect Terrapins from Needless Drowning Deaths
Extensive studies show that BRDs effectively prevent most large, mature terrapins from entering
crab pots by restricting the pot entrances to a size that precludes a terrapin’s carapace from fitting
through (Reviewed in Roosenburg 2004; Chambers and Maerz 2018). Studies demonstrate that
on average, 70% of terrapins are unable to enter pots equipped with BRDs while blue crabs can
still enter easily (Mazzarella 1994; Crowder 2000; Roosenburg and Green 2000; Cole and Helser
2001; Rook et al. 2010; Hart and Crowder 2011; Morris et al. 2011).
A study in Florida found that BRDs can prevent 73.2% of terrapins from entering crab pots by
outfitting them with BRDs (Butler and Heinrich 2007 at 183). This significant reduction in
terrapin mortality achieved by BRDs will slow terrapin declines attributed to crab pot mortality
and provide Florida’s terrapins with a level of resiliency against myriad other threats it currently
faces and will face as climate change and sea-level rise continue and accelerate.
ii. BRDs Have Little to No Effect on Crab Haul
Extensive scientific study also demonstrates that BRDs have little to no effect on the number and
size of marketable crabs harvested (Mazzarella 1994; Guillory and Prejean 1998; Cuevas et al.
2000; Roosenburg and Green 2000; Cole and Helser 2001; Butler and Heinrich 2007; Rook et al.
2010; Hart and Crowder 2011; Morris et al. 2011). When Butler and Heinrich (2007) studied
BRDs in Florida, they found no significant difference between the sex, measurements, or number
of legal-sized crabs captured in standard crab pots versus crab pots with BRDs. Other studies
even suggest BRD use can result in an increase in catch of marketable crabs (Rook et al. 2010;
Roosenburg and Green 2000; Guillory and Prejean 1998).
21

The following chart reflecting a survey of all BRD studies demonstrates that crab haul is
relatively the same in crab pots with no BRDs and crab pots with 4.5 x 12 cm BRDs
(Roosenburg 2017).


(Source: modified from Roosenburg and Green 2000)
iii. BRDs Are Inexpensive
BRDs are small and inexpensive. Some companies in states like Maine sell BRDs for as little as
$0.45 each,12 while other states such as Florida have programs that distribute BRDs for free.13
There are also free resources that teach fishermen how to build and install their own BRDs.14
BRDs will likely become even less expensive over time as they are integrated into the crab pot
fishery. As more states adopt rules and regulations requiring the use of BRDs, manufacturers will
embrace the opportunity to design pots that already include BRDs. For instance, in Maryland,
crab pots with built-in BRDs are already available.15 As these pot designs become more
common, the cost of making them will decrease.

12 Purchase Pre-Made BRDs, VIRGINIA INSTITUTE OF MARINE SCIENCE,
https://www.vims.edu/research/units/projects/terrapin_brds/pre-made.php (last visited Jul. 11, 2019).
13 BRD Pick-Up Locations, FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION,
https://myfwc.com/conservation/special-initiatives/cwci/education/brds/ (last visited Jun. 24, 2019).
14 Recreational Crab Pot Requirements, MARYLAND DEPARTMENT OF NATURAL RESOURCES,
https://dnr.state.md.us/fisheries/Pages/regulations/crabpot.aspx (last visited Jul. 11, 2019).
15 Use BRDs. It’s the Law, MARYLAND DEPARTMENT OF NATURAL RESOURCES,
https://dnr.maryland.gov/fisheries/documents/flyer_stores.pdf (last visited Jun. 24, 2019).
22

iv. BRDs Make Florida’s Crabs More Marketable in an Increasingly
Environmentally Conscious Market
Sustainability is a driving force across markets, and seafood markets are no exception. BRDs
would make crabs from Florida’s waters more marketable in an increasingly eco-conscious
economy. A 2018 global survey by Nielson found that 81% of participants felt strongly that
companies should help improve the environment. This sentiment was shared across generations,
with Millennials, Generation Z, and Generation X being most supportive, and older generations
not far behind.16 Americans in particular are concerned about environmental issues and
recognize that their finances can be used to influence change.17 They are becoming better
informed about of the environmental impact of products they purchase.18
These environmental values are driving consumer purchases. A 2017 survey of demographically
representative Americans found a steady increase in consumers purchasing products with social
benefit, with participants indicating they purposefully use their wallets to drive change by buying
products with environmental benefit (Cone Comms. 2017). A majority (79%) indicated they seek
out environmentally responsible products (Cone Comms. 2017). Eighty-seven percent of
participants said that given the opportunity, they would buy a product with social or
environmental benefit (Cone Comms. 2017). These attitudes and actions reflect a growing trend,
rising from 83% in 2015.
In a 2015 Global Corporate Sustainability Report by Nielson, 66% of consumers indicated they
are willing to spend more on a product if it comes from a sustainable brand.19 Millennials
indicated a similar preference, with 73% willing to pay extra for sustainable products.20
This trend toward more sustainable markets is clear in the seafood industry, with several
independent organizations recommending consumers purchase only sustainably sourced seafood.
For instance, the Monterey Bay Aquarium’s Seafood Watch program helps consumers and
businesses choose seafood that supports a healthy ocean by recommending which seafood items
are “Best Choices” and “Good Alternatives,” and which ones to avoid. Currently the Seafood
Watch program recommends that consumers only purchase blue crabs from states that have
effective regulations to protect diamondback terrapins from drowning in crab pots. Because of
Florida’s lax regulations to protect terrapins, Seafood Watch recommends that consumers avoid

16 Nielsen, Global Consumers Seek Companies that Care about Environmental Issues (Sept. 11, 2018),
https://www.nielsen.com/eu/en/insights/article/2018/global-consumers-seek-companies-that-care-about-
environmental-issues/.
17 Adam Butler, Do Customers Really Care About Your Environmental Impact? Forbes.com (Nov. 21, 2018),
https://www.forbes.com/sites/forbesnycouncil/2018/11/21/do-customers-really-care-about-your-environmental-
impact/#3d6974ee240d.
18 Adam Butler, Do Customers Really Care About Your Environmental Impact? Forbes.com (Nov. 21, 2018),
https://www.forbes.com/sites/forbesnycouncil/2018/11/21/do-customers-really-care-about-your-environmental-
impact/#3d6974ee240d.
19 New Release, Consumer-Goods’ Brands That Demonstrate Commitment to Sustainability Outperform Those That
Don’t (Dec. 10, 2015), https://www.nielsen.com/eu/en/press-releases/2015/consumer-goods-brands-that-
demonstrate-commitment-to-sustainability-outperform/.
20 New Release, Consumer-Goods’ Brands That Demonstrate Commitment to Sustainability Outperform Those That
Don’t (Dec. 10, 2015), https://www.nielsen.com/eu/en/press-releases/2015/consumer-goods-brands-that-
demonstrate-commitment-to-sustainability-outperform/.
23

purchasing blue crabs from Florida. Instead, it recommends purchasing crabs from states like
New Jersey, which “requires the commercial fishery to use terrapin bycatch reduction devices.”21
As more states adopt laws requiring commercial crabbers to use BRDs, Florida will fall behind
in the blue crab markets as consumers seek out more sustainable alternatives. For Florida to keep
up, it needs to adopt BRD regulations to prevent harming terrapin populations. By being an early
adopter of BRD rules, Florida can establish itself as a conservation leader and gain an advantage
over crab fisheries in surrounding states that have yet to take this important step.
c. Other States in the Diamondback Terrapin’s Range Require Bycatch
Reduction Devices
Several states already require or incentivize crabbers to use BRDs on their pots. New Jersey
requires crabbers to use BRDs in waters of less than 150 feet across at mean low water mark,22
and New York recently implemented regulations requiring crabbers to use BRDs on pots set in
creeks, coves, rivers, tributaries, and near-shore harbors of the Marine and Coastal District.23 In
Maryland and Delaware, all recreational crab pots must have BRDs.24 Virginia encourages
crabbers to use BRDs on crab pots by offering a lower cost licensing rate for modified pots.25
Table 3: Survey of State Laws Governing Bycatch
State
Terrapin Conservation Status
BRD required on crab pots?
MA
Threatened
no
RI
Endangered
no
CT
Species of Special Concern
no
NY
None
yes
NJ
Nongame Indigenous Species
yes
DE
Species of Conservation Concern
yes (recreational only)
MD
None
yes (recreational only)
VA
Species of Greatest Conservation Need
no
NC
Special Concern Species
no*
SC
High Priority species for conservation
no
GA
Protected species ("unusual")
no
FL

Species of Greatest Conservation Need
no
AL
Highest Conservation Concern/ Nongame species
no
MS
Species of Greatest Conservation Need
no
LA
Species of Special Concern
no
TX
Nongame/ Species of Greatest Conservation Need
no
* Wildlife agency empowered to issue rules or orders requiring BRDs

21 Crab Recommendations, MONTEREY BAY AQUARIUM SEAFOOD WATCH,
https://www.seafoodwatch.org/seafood-recommendations/groups/crab?q=blue%20crab&type=blue&o=371 (last
visited July 11, 2019).
22 N.J. Admin. Code § 7:25-14.6(c) (Lexis Advance through the New Jersey Register, Vol. 51 No. 13, July 1, 2019)
23 N.Y. Comp. Codes R. & Regs. tit. 6, § 44.2(d) (Lexis Advance through June 28, 2019).
24 Md. Code Regs. 08.02.03.07(B)(5); 7-3000-3700 Del. Code Regs. § 1.0.
25 Va. Code Ann. § 28.2-226.2(B)(1)–(2) (Lexis Advance through the 2019 Regular Session of the General
Assembly).
24

While Florida has a program that offers BRDs to crabbers free of cost from 28 different
locations,26 this program has not generated widespread participation. Without full participation
by the crabbing community, the voluntary BRD program has little to no conservation effect for
the diamondback terrapin. For this reason, it is imperative that Florida adopt mandatory BRD
rules. As the state with the largest area of coastline habitat for diamondback terrapins, Florida is
poised to take the lead in the southern states and adopt regulations requiring the use of BRDs on
crab pots.
IV. PROPOSED RULE AMENDMENT
Florida’s fishing regulations currently do not require the use of BRDs in blue crab pots. To
protect diamondback terrapins from incidental mortality in active and inactive blue crab pots,
Petitioners request that the Florida Fish and Wildlife Conservation Commission adopt or amend
regulations to require BRDs on all commercial and recreational blue crab pots in state waters. To
provide the fishery reasonable time to retrofit crab pots, Petitioners suggest a three-year grace
period from the date of adoption or amendment of the regulation. The proposal also includes a
provision to allow the use of other gear modifications that demonstrate through peer-reviewed
study similar efficacy to 4.5 cm by 12 cm BRDs, as set forth in Butler and Heinrich 2007.

While Petitioners generally request that the Florida Fish and Wildlife Conservation Commission
adopt a rule or amendment to require BRDs in blue crab pots, in the interest of specificity and
completeness, we suggest the following specific amendments to Chapter 68B-45 of the Florida
Administrative Code, rules regulating the blue crab fishery. If the Commission declines to adopt
the specific recommended amendments, Petitioners respectfully request that the Commission
consider alternative amendments to protect terrapins from bycatch mortality in the blue crab
fishery. Petitioners also request the opportunity to participate as stakeholders in any rulemaking
process.

In the following proposal, regular typeface denotes the current regulatory language,
strikethrough denotes language to be removed, boldface denotes language to be added, and
ellipses denote omitted material. Notes are contained in brackets.


68B-45.002 Definitions.

As used in this rule chapter:
(1) “Blue crab” means any crustacean of the species Callinectes sapidus, or any part
thereof.
(2) “Bycatch reduction device” or “BRD” means a rigid rectangular device
constructed of wire or plastic that has an opening no larger than 4.5 cm by 12
cm, which is attached to the end of each entrance funnel of a crab trap to
minimize bycatch of diamondback terrapins. This definition also includes any

26 BRD Pick-Up Locations, FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION,
https://myfwc.com/conservation/special-initiatives/cwci/education/brds/ (last visited Jun. 24, 2019).
25

device or gear modification that results in a ≥70% reduction in terrapin
captures compared with unmodified traps, as demonstrated by at least one
peer-reviewed study.
(3)(2) “Drop net” means a small, usually circular, net with weights attached along
the outer edge and a single float in the center.
(4)(3) “Eggbearing blue crab” means a female blue crab whose eggs are extruded
and deposited on the swimmerettes.
(5)(4) “Escape ring” means a rigid ring forming the boundary of an opening
placed flush with the vertical surface of the wire mesh wall of the crab trap.
(6)(5) “Fold up trap” means a plastic or wire meshed collapsing trap that opens
outward to occupy a single plane when placed on the water bottom. It is baited in
the center of the base panel and encloses crabs when retrieved by means of a cord
drawing together the side panels.
(7)(6) “Gulf Seasonal Closure Region” means all state waters of the Gulf of
Mexico seaward of three nautical miles from shore.
(78)(7) “Hard shell crab” means any blue crab in intermolt condition that has a
shell that is rigid and inflexible.
(9)(8) “Mesh size” means the size of the opening or space within a polygon
formed by the wire of a crab trap, to be measured at the largest dimension across
such opening or space in an undistorted condition.
(10)(9) “Harvest” means the catching or taking of a blue crab by any means
whatsoever, followed by a reduction of such blue crab to possession. Blue crabs
caught but immediately returned to the water free, alive, and unharmed are not
harvested. Temporary possession of a blue crab for the purpose of measuring it to
determine compliance with the size requirements of this chapter shall not
constitute the harvesting of such blue crab, provided that it is measured on the
water immediately after taking, and immediately returned to the water free, alive,
and unharmed if undersized.
(11)(10) “Harvest for commercial purposes” means the taking or harvesting of
blue crab for purposes of sale or with intent to sell or in excess of the bag limit.
26

(12)(11) “Immediate family” refers to a license holder's mother, father, sister,
brother, spouse, son, daughter, step-father, step-mother, step-son, step-daughter,
half-sister, half-brother, son-in-law or daughter-in-law.
(13)(12) “Offshore” means all state waters seaward of the COLREGS
Demarcation Line.
(14)(13) “Peeler crab” means a hard blue crab in pre-molt condition having a new
soft shell developed under the hard shell and having a definite white, pink, or red
line or rim on the outer edge of the back fin or flipper, and retained specifically
for soft crab shedding operations and marketed only after molting and prior to the
hardening of the new shell.
(15)(14) “Push scrape” means a mesh net or bag attached to the outer edges of a
triangular or rectangular rigid frame with a handle attached that is fished by being
pushed across the bottom by a person wading.
(16)(15) “Soft shell crab” means any blue crab that has recently molted and has a
shell that is tender and flexible.
(17)(16) “Trotline” means a submerged line with bait at repetitive intervals.
(18)(17) “Untreated pine” means raw pine wood that has not been treated with
any preservative or pine wood that has been pressure treated with no more than
0.40 pounds of chromated copper arsenate (CCA) compounds per cubic foot of
wood.

[ . . . ]

68B-45.004 Regulation and Prohibition of Certain Harvesting Gear.
(1) Except as provided in subsections (2), (3), (4), (5) and (6) below, the following types
of gear shall be the only types of gear allowed for the harvest of blue crab in or from state
waters:
(a) Traps meeting the following specifications:
1. Traps shall be constructed of wire with a minimum mesh size of 1 1/2
inches and have throats or entrances located only on a vertical surface.
Beginning on January 1, 1995, traps shall have a maximum dimension of
27

24 inches by 24 inches by 24 inches or a volume of 8 cubic feet and a
degradable panel that meets the specifications of subsection (7) of this
rule.
2. All traps shall have a buoy or a time release buoy attached to each trap
or at each end of a weighted trotline which buoy shall be constructed of
styrofoam, cork, molded polyvinyl chloride, or molded polystyrene, be of
sufficient strength and buoyancy to float, and be of such color, hue and
brilliancy to be easily distinguished, seen, and located. Buoys shall be
either spherical in shape with a diameter no smaller than 6 inches or some
other shape so long as it is no shorter than 10 inches in the longest
dimension and the width at some point exceeds 5 inches. No more than 5
feet of any buoy line attached to a buoy used to mark a blue crab trap or
attached to a trotline shall float on the surface of the water.
3. Each trap used for harvesting blue crab for commercial purposes shall
have the harvester’s blue crab endorsement number permanently affixed to
it. Each buoy attached to such a trap shall have the number permanently
affixed to it in legible figures at least two inches high. The buoy color and
license number shall also be permanently and conspicuously displayed on
any vessel used for setting the traps and buoys, so as to be readily
identifiable from the air and water, in the following manner:
a. From the Air - The buoy design approved by the Commission
shall be displayed and be permanently affixed to the uppermost
structural portion of the vessel and displayed horizontally with the
painted design up. If the vessel is an open design (such as a skiff
boat), in lieu of a separate display, one seat shall be painted with
buoy assigned color with permit numbers, unobstructed and no
smaller than 10 inches in height, painted thereon in contrasting
color. Otherwise, the display shall exhibit the harvester's approved
buoy design, unobstructed, on a circle 20 inches in diameter,
outlined in a contrasting color, together with the permit numbers
28

permanently affixed beneath the circle in numerals no smaller than
10 inches in height.
b. From the Water - The buoy design approved by the Commission
shall be displayed and be permanently affixed vertically to both the
starboard and port sides of the vessel near amidship. The display
shall exhibit the harvester's approved buoy design, unobstructed,
on a circle 8 inches in diameter, outlined in a contrasting color,
together with the permit numbers permanently affixed beneath the
circle in numerals no smaller than 4 inches in height.
4. The buoy attached to each trap used to harvest blue crab, other than
those used to harvest for commercial purposes, shall have a legible “R”, at
least two inches high, permanently affixed to it. The trap shall have the
harvester’s name and address permanently affixed to it in legible letters.
The buoy requirements of this subparagraph shall not apply to traps fished
from a dock.
5. Each trap with a mesh size of 1 1/2 inches or larger shall have at least
three unobstructed escape rings installed, each with a minimum inside
diameter of 2 3/8 inches. One such escape ring shall be located on a
vertical outer surface adjacent to each crab retaining chamber.
6. Each throat (entrance) in any trap used to harvest blue crabs shall be
horizontally oriented, i.e., the width of the opening where the throat meets
the vertical wall of the trap and the opening of the throat at its farthest
point from the vertical wall, inside the trap, is greater than the height of
any such opening. No such throat shall extend farther than 6 inches into
the inside of any trap, measured from the opening where the throat meets
the vertical wall of the trap to the opening of the throat at its farthest point
from the vertical wall, inside the trap.
7. Subparagraphs 1. through 6. shall not apply to any trap used to harvest
blue crabs for other than commercial purposes, which trap has a volume of
no more than 1 cubic foot and is fished from a vessel, a dock, or from
shore.
29

8. Beginning [three years from date of amendment], all traps, whether
commercial or recreational, must have a bycatch reduction device
(BRD) meeting the specifications defined in 68B-45.002(2) attached to
each entrance or funnel.
(b) Dip or landing net.
(c) Drop net.
(d) Fold-up trap.
(e) Hook and line gear.
(f) Push scrape.
(g) Trotline.
(2)
(a) Peeler crabs may be harvested in traps constructed of wire with a minimum
mesh size of one inch and with the throats or entrances located only on a vertical
surface. Such traps shall have a maximum dimension of 24 inches by 24 inches by
24 inches or a volume of 8 cubic feet and a degradable panel. Beginning [three
years from date of amendment], such traps shall also have a BRD meeting
the specifications defined in 68B-45.002(2) attached to each entrance funnel.
(b) Each trap used to harvest peeler crabs shall have buoys and be identified as
described in subparagraph (a)2., and (a)3. or (a)4. of this subsection.
(c) All peeler crabs harvested must be kept in a container separate from other
blue crabs.
(d) Each trap used to harvest peeler crabs shall only be baited with live male blue
crabs. Male crabs so used as bait to attract female blue crabs into peeler traps may
be periodically fed with no more than a single bait fish. Any trap used to harvest
blue crabs that is baited with anything other than live male blue crabs shall meet
the requirements of paragraph (1)(a) of this rule.

[ . . . ]

30

V. CONCLUSION

Petitioners have summarized the harm crab pots inflict on diamondback terrapin populations and
the greater estuarine ecosystems in Florida and across their range. Specifically, Petitioners have
demonstrated that terrapins cannot withstand continued mortality in crab pots. Petitioners have
also demonstrated that BRDs can significantly reduce terrapin mortality in crab pots while
having negligible effects on crab haul. For these reasons, several states across the terrapin’s
range have adopted or are considering rules to require terrapin excluder devices on crab pots.
Florida is poised to take the same imperative conservation action for its terrapins, making it a
conservation leader in the southeast.
Diamondback terrapins are an essential part of Florida’s unique natural heritage, and citizens and
visitors alike depend on the Commission to protect them for generations to come. Moreover, they
are an important part of healthy estuarine ecosystems. Petitioners therefore request that the
Florida Fish and Wildlife Conservation Commission adopt the proposed rule amendment and
require BRDs on commercial and recreational crab pots in Florida’s waters. In the alternative,
Petitioners request that the Florida Fish and Wildlife Conservation Commission adopt any
alternative rule or amendment that requires BRDs on crab pots in the commercial and
recreational blue crab fisheries.
If the Commission or staff has any questions, please contact Elise Bennett, staff attorney at the
Center for Biological Diversity, at ebennett@biologicaldiversity.org or (727) 755-6950. The
Center can provide copies of the literature cited in this petition upon request.
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38

Appendix A
Survey of Scientific Literature Evaluating the Effect of BRDs on Terrapin Mortality
Butler and Heinrich (2007) tested whether bycatch mortality of diamondback terrapins in Florida
in commercial crab pots is reduced by using 4.5 x 12 cm galvanized steel BRDs. They fished 15
pots without BRDs and 15 outfitted with BRDs at eight sites along the Atlantic and Gulf coasts
(including the Florida panhandle) during the summers of 2002-2005. Thirty-seven terrapins were
caught in standard pots and four in those with BRDs. They found that 73.2% of trapped terrapins
would have been excluded from pots with BRDs (Butler and Heinrich 2007 at 183–184). These
researchers recommended that the Florida Fish and Wildlife Conservation Commission devise
and adopt regulations that require the use of 4.5 x 12 cm BRDs on all commercial and
recreational crab pots used in Florida waters.

Cole and Helser (2001) conducted a 4-year study between 1997 and 2000 in the Delaware Bay
estuary to investigate four sizes of wire, rectangular BRDs measuring 5 x 10 cm, 5 x 12 cm, 4.5
x 12 cm, and 3.8 x 12 cm to determine their impacts on terrapin bycatch mortality. During the
study, 372 diamondback terrapins were captured (Cole and Helser 2001 at 828–831). Crab pots
fitted with 5 x 10 cm BRDs demonstrated statistically significant reduction in terrapin captures
(59%) (Cole and Helser 2001 at 828), as did crab pots fitted with 4.5 cm x 12 cm BRDs (38%
male and 96% female) (Cole and Helser 2001 at 831). Crab pots fitted with the smallest BRD,
3.8 x 12 cm, prevented all diamondback terrapins from entering the pot (Cole and Helser 2001 at
831). They found that the 5 x 12 cm BRD was the only treatment for which the reduction in
overall diamondback terrapin catches was not statistically significant (12%) (Cole and Helser
2001 at 832). Based on the study, Cole and Helser recommended using 4.5 x 12 cm BRDs (Cole
and Helser 2001 at 831).
Crowder et al. (2000) studied the extent of terrapin mortality in actively fished crab pots in
Jarrett Bay, North Carolina, to evaluate the effect of several different BRDs on both terrapin and
crab catch rates (Crowder et al. 2000 at 1). They studied BRD-equipped crab pots for three
seasons, testing a 5 x 16 cm BRD the first season (Spring 2000), a 4 x 16 cm BRD the second
season (Fall 2000), and a 4.5 x 16 cm BRD the third season (Spring 2001) (Crowder et al. 2000
at 1). All BRDs were made from galvanized fencing (Crowder et al. 2000 at 1). During the
course of the three-season study, they captured 12 diamondback terrapins, none of which were
captured in pots fitted with excluder devices. (Crowder et al. 2000 at 3).
Hart and Crowder (2011) tested BRDs in North Carolina’s year-round blue crab fishery from
2000 to 2004 and found that BRDs successfully prevent terrapin capture and mortality (Hart and
Crowder 268–269). The smaller the BRD was, the fewer terrapins were captured (Hart and
Crowder 2011 at 268–269). Specifically, they found that a 4.5 cm tall BRD excluded
approximately 77% of terrapins captured, while a 5 cm tall BRD excluded approximately 28% of
terrapins (Hart and Crowder 2011 at 269). They also found that longer soak times and closer
distances to shore increased the risk of terrapin captures (Hart and Crowder 2011 at 268–269).
As a result of the study, Hart and Crowder suggested three complementary and economically
feasible tools to prevent terrapin mortality in the blue crab fishery: 1) gear modifications such as
BRDs; 2) distance-to-shore restrictions; and 3) time-of-year regulations (Hart and Crowder 2011
at 270–271). They estimated that by using all three measures combined, a reduction in terrapin
39

bycatch of up to 95% could be achieved without significant reduction in target crab catch (Hart
and Crowder 2011 at 264).
Mazzarella (1994) studied crab pots with 5 x 10 cm rectangular wire BRDs and crab pots without
BRDs in New Jersey’s Great Bay estuary for 116 days from July 6 to August 31, 1993, and from
May 1 to June 30, 1994 (Mazzarella 1994 at 1, 3-4). In 1993, crab pots with BRDs captured no
terrapins, and crab pots without BRDs captured 3 terrapins; and in 1994, crab pots with BRDs
captured 3 terrapins, and crab pots without BRDs captured 37 terrapins (Mazzarella 1994 at 1, 3–
4).
Morris et al. (2011) studied the effectiveness of BRDs measuring 4.5 x 12 cm on commercial
blue-crab pots in the York River, Virginia, by fishing 10 pots with BRDs and 10 pots without
BRDs from June 4 to July 31, 2009 (Morris et al. 2011 at 387). All 51 terrapins captured during
the study were captured in crab pots without BRDs; no terrapins were captured in crab pots with
BRDs (Morris et al. 2011 at 388, 389). Based on local population estimates, Morris and co-
workers concluded that the total number of terrapins caught in non-BRD pots during the 46-day
study (51 terrapins) represented a potential reduction in population size from 27–50% (Morris et
al. 2011 at 389). Given that the crab pots were in the water only 46 days, the terrapin population
in the study creek would have experienced significant mortality of juvenile and adult male
terrapins over a full, 8-month season of commercial crabbing, likely resulting in skewed
population dynamics (Morris et al. 2011 at 389). Thus, the terrapin mortality prevented by the
BRDs was significant.
Roosenburg and Green (2000) tested three sizes of wire BRDs in the Chesapeake Bay in
Maryland: 4 x 10 cm, 4.5 x 12 cm, and 5 x 10 cm (Roosenburg and Green 2000 at 883-884).
They caught no terrapins in crab pots with 4 x 10 cm BRDs, 19 terrapins in crab pots with 4.5 x
12 cm BRD, and 56 terrapins in crab pots with 5 x 10 cm BRDs (Roosenburg and Green 2000 at
884). They caught 126 terrapins in the crab pots without BRDs (Roosenburg and Green 2000 at
884). Thus, the 5 x 10 cm BRDs reduced terrapin bycatch by 47%, the 4.5 x 12 cm BRDs
reduced bycatch by 82%, and the 4 x 10 cm BRDs reduced bycatch by 100% (Roosenburg and
Green 2000 at 884). This study resulted in the requirement of a 4.5 x 12 cm BRD in the
Maryland recreational crab pot fishery.27
Rook et al. (2010) tested a 4.5 x 12 cm plastic BRD in the lower Chesapeake Bay during summer
2008. They tested 10 sets of unbaited crab pots, one pot in each set with BRDs and one without
(Rook et al. 2010 at 173–174). In a separate experiment they did the same with baited crab pots
(Rook et al. 2010 at 173–174). Of 48 terrapin captures in crab pots, only 2 were from pots with
BRDs (Rook et al. 2010 at 175). The BRDs diminished terrapin bycatch in crab pots by 95.7%
(Rook et al. 2010 at 177). Thus, Rook et al. “recommend[ed] the use of BRDs on all crab traps
placed in diamondback terrapin habitat of the North American coastline, particularly for crab
traps in the shallow waters fringing coastal marshes, estuaries, and lagoons” (Rook et al. 2010 at
178).

27 See Md. Code Regs. 08.02.03.07(B)(5); Maryland Department of Natural Resources, Attention Maryland
Crabbers: you can help save our state reptile! Publication #03-1282009-430, available at
https://dnr.maryland.gov/wildlife/Documents/TerrapinBrochure.pdf.
40

Wnek (2019) studied the effectiveness of various BRD designs in reducing terrapin bycatch and
compared the amounts and sizes of blue crabs captured in crab pots fitted with BRDs in Barnegat
Bay, New Jersey. He studied four sizes of BRD (5 x 15 cm, 4.5 x 12 cm, South Carolina
prototype in red, South Carolina prototype in white) against control pots without BRDs (Wnek
2019 at 2). No terrapins were trapped in crab pots with BRDs, and two terrapins were captured in
control pots without BRDs (Wnek 2019 at 10).

41

Appendix B
Survey of Scientific Literature Evaluating the Effect of BRDs on Crab Haul
Butler and Heinrich (2007) tested whether bycatch mortality of diamondback terrapins in
commercial crab pots is reduced by using 4.5 x 12 cm galvanized steel BRDs and whether those
devices limit blue crab catch. They captured 2,753 legal-sized crabs and found no significant
difference between the sex, measurements, or number of crabs captured in standard crab pots
versus crab pots with BRDs (Butler and Heinrich 2007 at 182).

Cole and Helser (2001) found that crab pots fitted with 5 x 10 cm BRDs demonstrated
statistically significant reduction in terrapin captures (59%) with no statistical difference in blue
crab catches (Cole and Helser 2001 at 828). Crab pots fitted with 4.5 x 12 cm BRDs
demonstrated statistically significant reduction in terrapin captures (38% male and 96% female)
with only a nominal loss of legal-size blue crabs (12% total, 6% of most desirable crabs) (Cole
and Helser 2001 at 831). Crab pots fitted with the smallest BRD, 3.8 x 12 cm, prevented all
diamondback terrapins from entering the trap, but incurred substantial loss of legal-size blue
crabs (-26%) (Cole and Helser 2001 at 831). Based on the study, Cole and Helser recommended
using 4.5 x 12 cm BRDs, which effectively protect subadult and reproductively mature female
terrapins with minimal loss of legal blue crabs (Cole and Helser 2001 at 831).

Cuevas et al. (2000) studied and compared the catch rate and sizes of blue crab and terrapin
bycatch taken in Mississippi Sound with crab pots equipped with and without BRDs. The BRDs
were made of welding rods shaped into a 5 x 10 cm rectangle and fitted into the funnel entrances
of crab pots (Cuevas et al. 2000 at 223). A total of 740 blue crabs were captured, 370 in pots
without BRDs and 370 in pots with BRDs (Cuevas et al. 2000 at 224). Pots with BRDs captured
160 female crabs and 210 male crabs, while control pots caught 125 females and 245 males
(Cuevas et al. 2000 at 224). Daily catch rates and crab size frequency were similar for crab pots
with and without BRDs (Cuevas et al. 2000 at 224, 225). However, the scientists noted that there
was a detectable difference in size distribution, resulting in a slight decrease in numbers of larger
crabs observed in pots with BRDs (Cuevas et al. 2000 at 225). This difference could have been
attributable to the small sample size in the study (Cuevas et al. 2000 at 225).

Guillory and Prejean (1998) studied the effects of BRDs on blue crab catches in estuarine
Louisiana waters. To do this, they fished five standard crab pots and five crab pots with BRDs
constructed of stainless-steel wire and measuring 5 x 10 cm (Guillory and Prejean 1998 at 38).
They found that overall catch per trap day of sublegal, legal, and total crabs was 14.5%, 37.9%,
and 25.7% greater, respectively, than in standard pots (Guillory and Prejean 1998 at 39). The
scientists attributed the increased crab catch in pots with BRDs to increased ingress or decreased
egress through the entrance funnels (Guillory and Prejean 1998 at 39).

Hart and Crowder (2011) studied various sizes of galvanized steel BRDs in North Carolina.
Although they found a positive correlation between the size of the BRD and effect on crab haul
(compared with non-BRD crab pots), they concluded that a 5 cm tall BRD did not have a
significant effect on catch of either large male blue crabs or peelers (Hart and Crowder 2011 at
269).

42

Lukacovic et al. (2005) investigated the effect of BRDs on crab catch and terrapin bycatch in
crab pots in Maryland’s Assawoman Bay. They studied 16 crab pots, 8 with BRDs and 8 without
BRDs, which were fished for 24 and 48 hours twice each month from mid-May through October
2004. The BRDs were rectangular and met Maryland’s regulatory requirement that they not
exceed 1.75 x 4.75 inches (approximately 4.5 x 12 cm) in length (Lukacovic et al. 2005 at *3).
The crab pots were set for a total of 1029 pot-days in water depths ranging from 0.6–2.8 meters
(2–8 feet), and 3,412 blue crabs and 1 diamondback terrapin were captured (Lukacovic et al.
2005 at *4). The terrapin was captured in a pot without a BRD, making the rate of terrapin
bycatch in non-BRD crab pots 0.002 crabs/pot per day (Lukacovic et al. 2005 at *4). They also
found that crab catch for unmodified pots was greater than pots modified with BRDs (Lukacovic
et al. 2005 at 4). The overall crab catch was 35% greater, the catch of legal crabs was 28.5%
greater, the catch of legal male crabs was 25.6% greater, the catch of mature females was 23.7%
greater, and the catch of peelers was 104.2% greater (Lukacovic et al. 2005 at *4). Following
inferential analyses, Lukacovic et al. concluded that all categories of crab catch were
significantly lower in crab pots fitted with BRDs (Lukacovic et al. 2005 at *5).
Mazzarella (1994) observed no significant difference between crabs caught in crab pots with 5 x
10 cm rectangular BRDs and crab pots without BRDs. In the first study year, crab pots with
BRDs caught 6,139 crabs (mean size 13.2), while crab pots without BRDs caught 5,288 crabs
(mean size 13.3) (Mazzarella 1994 at 1, 3–4). In the second study year, crab pots with BRDs
caught 5,703 crabs (mean size 12.3), and crab pots without BRDs caught 5,851 (mean size 12.2)
(Mazzarella 1994 at 1, 3–4).
Morris et al. (2011) studied the effectiveness of BRDs on commercial blue-crab pots in the York
River, Virginia, by fishing 10 pots with BRDs and 10 pots without BRDs (Morris et al. 2011 at
387). More than 25% of total crabs were caught on the first day after baiting, and on the first day
after baiting they found no statistical difference between either the number or size of legal-size
crabs in crab pots with and without BRDs (Morris et al. 2011 at 388). Across all other days after
baiting, there was a significant difference in total catch per unit effort of legal-size crabs;
however, there was no significant difference in size of legal-sized crabs in BRD pots and non-
BRD pots (Morris et al. 2011 at 388). These results indicate that in the absence of fresh bait,
crabs do not enter crab pots with BRDs as frequently as non-BRD pots (Morris et al. 2011 at
389). Morris et al. also found that crab pots with terrapin bycatch in them had, on average, fewer
crabs per unit effort (Morris et al. 2011 at 388). Likewise, more legal-size crabs were caught in
pots without terrapin bycatch, but the difference was not significant (Morris et al. 2011 at 388).
Rook et al. (2010) tested a 4.5 x 12 cm BRD in the lower Chesapeake Bay and found that the
BRDs had little effect on crab catch (Rook et al. 2010 at 173–178). Crab catch was equivalent
between crab pots with and without BRDs (Rook et al. 2010 at 178). In fact, crab pots with
BRDs had slight increases in number, size, and biomass of both legal-size and sublegal-size
crabs, though the difference was considered marginal (Rook et al. 2010 at 178).
Roosenburg and Green (2000) tested three sizes of wire BRDs in a tributary to the Chesapeake
Bay in Maryland: 4 x 10 cm, 4.5 x 12 cm, and 5 x 10 cm (Roosenburg and Green 2000 at 883–
884). Neither the 5 x 10 cm BRD nor the 4.5 x 12 cm BRD affected crab size or the number of
crabs caught in the crab pots (Roosenburg and Green 2000 at 885). In fact, crab pots with 4.5 x
12 cm BRDs had the highest catch per unit effort (2.69 crabs per pot per day), followed by crab
43

pots without BRDs (2.55 crabs per pot per day), and then crab pots with 5 x 10 cm BRDs (2.39
crabs per pot per day) (Roosenburg and Green 2000 at 885). In the second year of study, the
largest crab was caught in a crab pot with a 4.5 x 12 cm BRD (Roosenburg and Green 2000 at
885, 886). The 4 x 10 cm BRD reduced the size and number of large and mature female crabs
(Roosenburg and Green 2000 at 884–885). Catch rate for standard crab pots with 4 x 10 cm
BRDs was 2 crabs per pot per day lower than standard crab pots fished without BRDs
(Roosenburg and Green 2000 at 885). The 4 x 10 cm BRD also had a significant effect on the
width and height of crabs caught, excluding larger Number Ones and large females (Roosenburg
and Green 2000 at 885). The scientists found that height of the BRD was the limiting factor
rather than width (Roosenburg and Green 2000 at 885). Based on their study, Roosenburg and
Green stressed the importance of using 4.5 x 12 cm BRDs on commercial and recreational crab
pots because they do not affect crab haul but significantly reduce terrapin capture (82%
reduction) (Roosenburg and Green 2000 at 886).28
Wnek (2019) studied the effectiveness of various BRD designs in reducing terrapin bycatch and
compared the amounts and sizes of blue crabs captured in crab pots fitted with BRDs in Barnegat
Bay, New Jersey. He studied three sizes of BRD (5 x 15 cm, 4.5 x 12 cm, South Carolina
prototype (half white, half red) against control pots without BRDs (Wnek 2019 at 2). There was
no significant difference in the number of blue crabs captured in traps with BRDs and traps
without BRDs (Wnek 2019 at 4). In terms of measurement, there was no difference in the total
mean length of blue crab captures (Wnek 2019 at 4). The control pots had significantly wider
blue crabs than the pots with 5 x 15 cm and South Carolina style BRDs; however, the control
pots were similar to those fitted with 4.5 x 12 cm BRDs (Wnek 2019 at 4). While mean blue crab
height was significantly lower in pots with 5 x 15 cm BRDs, there was no difference in mean
blue crab height between control pots and those with 4.5 x 12 cm and South Carolina style BRDs
(Wnek 2019 at 4).

28 Roosenburg and Green (2000) found that the 4 x 10 cm BRDs were not a suitable solution for commercial
fisheries because they reduced the number of crabs caught by nearly half (Roosenburg and Green 2000 at 887).
However, they could be considered for recreational crabbers, who often place their traps in areas with more
terrapins, because the 4 x 10 cm BRDs excluded 100% of terrapins (Roosenburg and Green 2000 at 887).