IMPERIAL VALLEY PRESS (El Centro, California) 10 November 13 Who enforces desert tortoise protection rights?
I attend a small Christian church in Calexico, which is located in an industrial area off of Cole Road. I was shocked to see a dog groomer enclosing three desert tortoises in a chain link area (no roof. no means to control cold temperatures). It is the law in the state of California that a permit is needed to possess a desert tortoise. Anyone owning a desert tortoise should complete a state-issued Desert Tortoise Permit Application form. There is no fee for this permit. When a permit is granted, an adhesive tag with a unique identification number is provided that should be affixed to the tortoise. What is the city doing to enforce this law? To prevent animal neglect? Renewing business license without periodic inspections? — Shell-shocked, Calexico
It is not the responsibility of the city to enforce laws protecting desert tortoises, said Ginger Wilfong, owner of Bay Area Turtle and Tortoise Rescue in Castro Valley. That responsibility falls to the California Department of Fish and Wildlife, said Wilfong, who is contracted by the state department to approve or deny desert tortoise permits and register the tortoises that are in the hands of permitted residents.
While permitted caretakers often affix the accompanying adhesive tags in a visible location on a desert tortoise, that may not always be the case, Wilfong said. Therefore it is hard to say whether the tortoises housed at the dog groomers are permitted to be in their possession. That said, under no circumstance should a desert tortoise be housed at a place of business, Wilfong said. Permitted caretakers are required to house the tortoises at a place of residence. However, they could theoretically be housed at the dog grooming business if that location also served as the caretaker’s place of residence.
Nor are tortoises considered the property of the permitted caretakers, as the state retains ownership and simply allows residents to be caretakers, Wilfong said. Registered owners also are expected to have a copy of their permit on-site to be able to prove they are approved caretakers.
This Probe writer is encouraged to call the local Fish and Wildlife office to seek permit enforcement. Should the dog groomer be found not to have the proper permits, the investigating official may or may not confiscate the tortoises, Wilfong said. Officials have the discretion to allow the current caretakers to apply for a permit, which would then be either approved or denied by Wilfong. In the more than 10 years she has processed permits for the department, Wilfong said she has only refused a few. Desert tortoise lovers are also encouraged to apply for pet adoption by contacting the state Fish and Wildlife department.
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