Posted by:
Chris_McMartin
at Sun Mar 8 08:42:55 2009 [ Email Message ] [ Show All Posts by Chris_McMartin ]
Obviously I won't be able to attend, but in addition to the emails and phone calls I'm whipping up, here are some talking points I wrote which may be helpful (modify as necessary):
THINGS YOU MAY NOT KNOW ABOUT THE “HERPING” HOBBY AND HB 1500
- “Herping” is the term commonly used to describe the observation of reptiles and amphibians in the wild. It is similar to “birding,” another popular pastime in Texas.
- Herping differs from birding in that many reptiles and amphibians are much more secretive and in order to observe them, herpers must sometimes look under rocks or old litter such as sheet metal or plywood. Because of the more active nature of searching, such activity is classified as “hunting” under TPWD regulations, regardless of whether a herper actually captures an animal or simply photographs it.
- Another means of finding reptiles and amphibians involves “road cruising,” or driving along likely stretches of road and searching along the rights-of-way for animals drawn either to the road surface itself or road cuts, because both provide favorable conditions for these “cold-blooded” creatures to warm themselves and search for food.
- Reptiles and amphibians, with the exception of alligators, are considered nongame animals, but they still have bag/possession limits. Although many herpers do not keep what they find (“catch and release” for photographic purposes), some do, and they must comply with the laws already on the books.
- Since herping is considered hunting, and hunting from roadways has been illegal for decades due to “typical” hunters using firearms (which herpers do not), confusion has abounded as to whether herping along the right-of-way was legal. However, multiple instances of correspondence between concerned citizens and TPWD leadership throughout the 1980s, 1990s, and up to a few years ago affirmed that herping the rights-of-way, for law enforcement purposes, would not be considered hunting from the road.
- HB 2414 was signed into law in 2006, after being initially rejected, as a rider on another bill. HB 2414 prohibited the pursuit of animals along the right-of-way, effectively ending the herping hobby for many citizens. Because much of Texas is privately owned, herpers lost miles of publicly-accessible land to pursue their hobby—the roads and rights-of-way throughout the state.
- One reason cited for HB 2414 was public safety. The claim was unfounded—according to public records, no herper has ever been involved in an accident along a right-of-way. Additionally, the law does not prohibit other time-honored activities along rights-of-way which have the same or greater level of risk—photographing or picking flowers, horseback riding, or simply walking.
- Another reason cited for HB 2414 was protection of the wildlife resources. Again, this claim was unfounded—nothing in any law prevents inattentive or malicious motorists from running over countless animals of all species. Many more reptiles and amphibians are killed on Texas highways than are photographed, collected, or even seen alive. Furthermore, HB 2414 included an exception to the law for falconers to hunt from the right-of-way—if falconers can be permitted to continue their pastime, it stands to reason herpers should be as well.
- The economic contributions of herpers should not be overlooked. Each herper must have in their possession a valid Texas hunting license, and these sales increase revenue for TPWD. Herpers also must eat and sleep; motel room charges and restaurant receipts greatly contribute to local economies, especially in small West Texas towns. Many herpers, both from Texas and out of state, canceled their planned trips in response to the new law, to the detriment of local economies.
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Chris McMartin
www.mcmartinville.com
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RE: IMPORTANT! HEARING SCHEDULED ON HOUSE BI - Chris_McMartin, Sun Mar 8 08:42:55 2009