>>I don't think it's unusual for certain activity to be prohibited on *public land* that might be allowed on private property.



You are correct; for example, you can hunt from the road (in the classical sense, i.e. shoot a gun from a vehicle on the road) on private property but not on public roads.



In all likelihood, the rationale is that public property is public property,i.e. owned by every citizen. If one person takes public property for his/her own benefit, it is a form of theft from the citizenry at large.



That may be part of the rationale by the proponents of the ban, but it is a faulty one. If this were the case, you wouldn't be able to fish (and keep fish) in state-owned lakes. Shoot, you can legally take fish from state PARKS!



Lawful fishing isn't theft, just as lawful herping isn't theft, because there is a licensing system in place. Those who partake in the sport are directly contributing to the management of wildlife through these fees (though that's highly debatable in the case of herps and other nongame species, which don't receive near the amount of research and management funding as deer, turkey, quail, etc).



Texas is a state very big on private property. In fact, I've read sources which state somewhere around 90% of the state is private property and therefore off-limits to the general public. Unlike other states which encourage landowners to participate in programs to allow walk-in hunting (i.e. access for people other than the "landed gentry" or those rich enough to afford the privilege of $100-a-day hunting leases), Texas landowners make quite a bit of money by making people pay to hunt--whether they are successful or not (I'll be paying $50/day for access to a large ranch this summer, specifically to herp).



The ban on herping the roads and rights-of-way literally closed thousands of acres of land across the state to what was up to that point a lawful and fun activity. But people running over snakes, lizards, and turtles (which happened right in front of me as I was attempting to photograph one)is pretty much OK, because it's harder to enforce.



The ban was sold as the creation of "wildlife sanctuaries" (meaning the rights-of-way); but some hunting is still allowed (falconry) and I've seen an awful lot of roadkill on these "sanctuaries."



I would hope that the OP, as a police officer, understands as much, and will set a good example by obeying the law as well as enforcing it.



I agree on this point as well, and hope that he'll help us follow the legal process to get the law changed next year!




-----
Chris McMartin

www.mcmartinville.com

I'm Not a Herpetologist, but I Play One on the Internet

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