Florida FWC cited Friends of the Pelicans volunteers for Feeding Pelicans
April 21, 2023. Updated May 6, 2023
UPDATE: On May 3, 2023, Cathy Jean Nemeth and Linette Ratay, were found guilty of Statute № 349.4129(1)A1, FEEDING WILDLIFE OR FRESHWATER FISH WITH FOOD OR GARBAGE. Both are members of Friends of the Pelican bird rescue group.
On March 4, 2023, FWC Law Enforcement observed two Friends of the Pelicans volunteers using bait to lure pelicans and issued a citation.
For years, fishermen and fishing groups have complained to FWC that allowing Friends of the Pelicans has changed seabird and pelican behavior, increasing entanglements. In the video, pelicans can be seen gathering above the area where Friends of the Pelicans were feeding the birds. For more, Florida FWC fueled tension between bird conservation and fishing groups
At the 4:10 mark, a volunteer hands the phone to the officer. On the phone is Friends of the Pelicans Co-Founder Jeanette Edwards who can be heard stating, “We are not feeding pelicans,” adding, “This is ridiculous,” and “have been in contact with Major Rowe.”
On February 18, 2021, Jeanette Edwards filed a complaint to FWC for pelicans being mutilated and scalped. FWC Law Enforcement investigated and, after 416.5 hours, found the complaint to be unfounded. For more, FWC Finds Jeanette Edwards, Friends of the Pelicans claims [Scalped pelicans, etc] to be Unfounded.
Prior to November 2022, Florida Fish and Wildlife Commission (FWC) had allowed Friends of the Pelicans to use bait to lure pelicans. Sometime in November 2022, FWC reversed the policy.
On March 13, 2023, I returned FWC Law Enforcement’s Captain Carpenter phone call. Captain Carpenter stated Friends of Pelicans would no longer be allowed to use bait to lure pelicans. Captain Carpenter continued, they had tried to work with Friends of Pelicans to find other means. They refused. Then FWC provided instruction that they were not to feed the pelicans and would be cited. A public records request has been submitted for responsive communications on this matter.
Friends of the Pelicans is not a member of the FWC Volunteer Program but is a member of FWC’s Hooked Pelican Working Group. According to FWC, “The Friends of the Pelicans have not been listed as volunteer group within our FWC Volunteer Programs. Their could be specific people that have volunteered as FWC volunteers with the agency under another FWC volunteer program.” According to December 22, 2022 email from FWC,
The Hooked Pelican Working Group is an interagency and inter-organizational team committed to providing long-term guidance and direction on managing the entangled seabird issues at multiple sites throughout the southwest region. Cooperative effort among agency partners and professionals in the natural resources communities is central to this conservation initiative. Members of the working group are expected to uphold a commitment to the common vision of reducing seabird-angler conflict at public fishing areas in Florida. We accomplish this through research, volunteer participation, regulation, outreach and engagement, and interagency coordination.
In January and February 2023, Friends of the Pelicans were seen using bait to lure pelicans and to feed the pelicans with no active rescue. On Facebook, Friends of Pelicans openly discussed how they were not going to comply.
On March 31, 2023, FWC’s CAD Incident Listing FWCC23IN0015585 from Florida DEP’s Kevin Kiser, Skyway Fishing Pier State Park Manager reports,
PARK MANAGER IS REPORTING MULTIPLE REPORTS OF FEEDING OF PELICANS BY SOMEONE FROM FRIENDS OF PELICANS.
Since 2018, there had been several communications concerning “discretion.” On March 8, 2021, an email from FWC SW Region Public Information Director to Kane Kaiman, The Islander (Anna Marie) states.
The FWC encourages the public to not feed wildlife, including pelicans. We are aware that one technique used by rescuers involves the use of fish to draw in and rescue injured pelicans quickly. FWC officers use discretion when issuing citations and strive to educate the public on topics related to coexisting with wildlife. Currently, there have been no feeding citations issued to rescue groups or anglers on the Skyway Fishing Pier.
By not enforcing Florida Administrative Code 68A-4.001 General Prohibitions, “discretion” had become the de facto law.
In 2021, FWC allowed Friends of the Pelicans to operate under the Migration Bird Treaty Bird Act’s “Good Samaritan Provision; however, this does not apply to organizations.
On November 8, 2020, Jeanette Edwards emailed SW Regional Species Conservation Biologist Schneider,
I just wanted to follow up with you to see if you could let me know what permits we need to have to be sure we are in compliance with our rescuing on the Skyway and other fishing piers. I have tried researching this but came up empty so I would really appreciate your help.
On November 9, 2020, SW Regional Species Conservation Biologist Schneider replied to Jeanette Edwards,
Under F.A.C. 68A-9.006, licensed rehabbers are authorized by our agency to possess wildlife. F.A.C. 68A-9.002 states that FWC volunteers may possess wildlife if certified by the Volunteer Program. I attached both rules here. The Good Samaritan Clause of the Migratory Bird Treaty Act authorizes citizens to aid and transport wildlife in an emergency.
I’m still waiting for a confirmation from my program leadership, though we generally acknowledge that well-intentioned volunteers have not been out of compliance when it comes to assisting with pelican issues (i.e., keep on doing the good work you’re doing!). Tracy is talking to other folks in Parks/DEP to confirm the same. Meanwhile, I believe the appropriate entry to permit rehabber and Good Samaritan activities is U.S. Fish & Wildlife Service. The person you may be able ask questions of is Resee Collins.
On November 12, 2020, SW Regional Species Conservation Biologist Schneider followed up with Jeanette Edwards,
Following up on this: I did receive confirmation from my program that FWC is comfortable with organized volunteer efforts to transport injured birds to rehab facilities under the MBTA Good Samaritan Clause. A non-permitted citizen is authorized to capture injured wildlife so long as the animal is weak enough to be caught without a bird trap or net. Use of a cast net, for example, would only be authorized for those with rehab permits or collecting permits. (FYI see F.A.C. Bird Trap Rule.)
However, Friends of the Pelicans is not a citizen, but a non-profit, see What is Friends of the Pelican’s mission as a 501(c)(3) Charity? But as the volunteer stated in the video, Friends of the Pelicans does not have a permit and is not under the FWC Volunteer Program, F.A.C. 68A-9.002 Permits to Take Wildlife or Freshwater Fish for Justifiable Purposes. Paragraph (3) discusses the Volunteer Program. A request has been made to Florida DEP, asking if Friends of the Pelicans is under a Volunteer program.
On February 18, 2021, FWC’s Hooked Pelican Working Group had email follow up- volunteers,
…hadn’t been clear about some of the challenges on the Skyway Pier and how the FWC Volunteer Program might be best positioned to help. Before reaching out to the DEP to discuss the suggestions you presented on permit options, I wanted to circle back and provide some clarity…We are looking for leadership support to move forward with securing a permit.
There are three questions. First, use of a cast net requires a permit and additional requirements, per F.A.C. 68A-16.006 Regulations Related to Bird Traps. Second, FWC is responsible for compliance with Federal and State Laws. How was an organization allowed to operate without the proper permits or sub permits?
Third, a request was submitted to FWC for,
Friends of the Pelicans’ written authorization from the volunteer program’s Volunteer Program Coordinator or Volunteer Workday Leader. Per F.A.C. 68A-9.002 Permits to Take Wildlife or Freshwater Fish for Justifiable Purposes, (3) Commission volunteers may take wildlife or freshwater fish or their nests or eggs for scientific, educational, propagation, exhibition or other justifiable purposes provided that: (a) Such taking is pursuant to a volunteer program approved by the Division/Office director or his or her designee; (b) The Division/Office director or his or her designee has approved specific conditions under which wildlife or freshsub permitswater fish or their nests or their eggs may be taken by volunteers; and, (3) The volunteers are in possession of written authorization from the volunteer program’s Volunteer Program Coordinator or Volunteer Workday Leader specifying those conditions.
The Florida Fish and Wildlife Conservation Commission responded,
does not have any responsive records at this time. You may try reaching out to DEP.
U.S. Fish and Wildlife Service has been contacted to provide clarification. There has been no response to date.
On March 5, 2021, Jeanette Edwards applied for 24 hours Transport Permit.
On November 15, 2022, Florida FWC released a memorandum, “RE: Native Wildlife Rehabilitation Permit Applications Moving Online.” The memorandum was emailed to MBTP permit holders, but, the memorandum was not posted on FWC’s website. The memorandum states,
“FWC Captive Wildlife Office will no longer issue Permits to Temporarily Possess Sick or Injured Wildlife (MBTP). It has been determined that a permit is not required for citizens to transport sick or injured wildlife to permitted wildlife rehabilitators. Previous MBTP permittees may continue to transport sick or injured wildlife to permitted wildlife rehabilitators without the need for a permit.”
Friends of the Pelicans has two volunteers with transport permits, Jeanette Edwards MBTP-22–0305, and Rajat Khan, MBTP-22–0306
Response to a public records requests state, “Rahat Khan was issued an MBTP Permit with effective date 6–22–22 and expired 12–31–22 MBTP-22–0306. Not a full year in 2022. There is no pending MBTP application that is pending or denied because no MBTP permits are needed in 2023 to transport sick or injured wildlife. Legal determined no MBTP Permit was required or needed; therefore, Captive Wildlife discontinued issuing them.”
While Friends of the Pelicans is not a “citizen,” Mr. Khan is a Friend of the Pelicans paid employee. He uses a cast net. He uses bait to lure pelicans. However, the memorandum appears to have a conflict between two sentences, where the second sentence states,
“Previous MBTP permittees may continue to transport sick or injured wildlife to permitted wildlife rehabilitators without the need for a permit.”
A public record request has been submitted for the “Legal determination.”
The F.A.C. 68A-4.001 General Prohibitions is clear.
(5) The intentional feeding or the placement of food that attracts pelicans and modifies the natural behavior of the pelican so as to be detrimental to the survival or health of a local population is prohibited.
The FWC Law Enforcement Officer was very clear in the BodyCam video. To paraphrase, the officer was interested in the here and now, not the past.
Finally, the bigger issue may be, has Florida FWC abided by the MEMORANDUM OF UNDERSTANDING BETWEEN THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, THE UNITED STATES FISH AND WILDLIFE SERVICE AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AUGUST 5, 2020 to ensure the conservation of Florida’s federally and State-listed wildlife”.
The BodyCam video was posted on Skyway Misfits Facebook Page.
The BodyCam video was obtained through FWC Public Records Requests.
