Reptile & Amphibian Forums

After finishing up in the SFO Bay area for work I had to drive back home to Fort Worth. So of course that meant a company sponsored herp trip through Arizona and West Texas. How lucky can a guy get?

First stop somewhere on I5 in Cali. It was late, I was tired, I did not have a fishing license. I checked into a motel and set my alarm to hit the road for Bagdad AZ tomorrow night.

Aug 26 – Bagdad AZ area (night 1):
I was able to find a Wal-Mart in Kingman AZ on my way down thanks to some phone support back home in Texas from Steven Owens. I purchased my 3 day license and made a dust cloud south from there. I made my target road by 7:00 and hunted until about 1:30 finding one DOR Lyre Snake. Maybe tomorrow will be better farther south?

Aug 27 – Mt Hopkins AZ (night 2):
I drove to the top of what has to be the worlds scariest dirt road at about 5:00. On the way down I found a nice blacktail not far from the top. A few minutes after that I met an officer from AZ Fish and Game. Turns out he was there off duty and a collector and just wanted to make sure I was playing by the rules. Through the course of the evening he helped me refine the area I was in to increase my odds on a green rat. By the end of the night I saw two more blacktails in the low elevations. He came across a couple of tigers and a blacktail of his own. I was allowed a picture of the tigers. I also got some info on another good place to look, maybe next year?

Aug 28 – Hueco Mountains (night 3):
I planned to run down to the Davis area at first but a major accident on I10 outside or Tucson set me back about 3 hours. After I waited on the highway I saw that a box truck managed to take out a guardrail, a chunk of I10 and then burn itself down to a twisted heap. I assume the 3 hour wait was so they could re-pave the lane that was damaged.
Anyway, now I was not going to make it that far south so I diverted myself to Hueco instead. I found one alterna after walking for about 15 minutes. A couple of hours later I was found by Border Patrol when I made a U-Turn to park by a cut. It turned out that he was a new guy who just moved from New York and he was not familiar with snake hunters yet. So I pulled out the snake and let me see it. After that I was on my way again.
After that I met another BP agent who wanted to make sure I was a snake hunter and not a broken down motorist.
Next came the Hudspeth County Sheriff. I would call this guy a clown, except that I respect clowns. After all my Mom is a member of the Clown Alley Guild in Florida (that is another story). He told me it was illegal to snake hunt, rock hunt, bug hunt or whatever I was doing and to leave. I laughed and said “No it isn’t”. He then told me he would write me a ticket. I asked for what? And this is my favorite part… He said for trespassing. I asked how he could write a ticket for trespassing on a public road and his response was that I was a danger to traffic.
To sum it up, he tried to blow a bunch of smoke and run me off because he did not want snake hunters in his county. He then said that the Judge would find me guilty because he was almost in a wreck with a snake hunter once. It sounds like somebody was enforcing an agenda and not the law. He also said that my vehicle was parked on private property, but we both knew it was easement. I offered to move my vehicle, but he said not to worry about and drove off. I kept hunting.
This goes to prove that when you are in the right you can communicate with them and be left on your merry way.
As I left I went through the BP checkpoint, got the usual questions about who, where, why… Then they new guy from NY stepped out. As it turns out he had an interest sparked in collecting when he saw my animal. So we may have a new member here one day, so guys be nice.

The next day I called my attorney friend in Alpine who knows the Sheriff in every Texas County that side of the Pecos. He made some phone calls to ask why I was threatened with a trespassing citation in the Hudspeth County office. Hopefully that makes it around and they will know that we will not sit by and let them BS us. If I was cited, or if I had thought to record the conversation I would have taken it farther than that, but as it was this should be enough for now.

BTW, Jason Penny – If you happen to figure out who this guy is, I mentioned to him this forum as a place to start. But he may end up being a new hunter in your county. Maybe you could take him out on an expedition?

Hueco Mountains Aminal

Sweet snake Lance. I wished you luck and see what happens? Is that other pic a pic of Buzz Lightyear? LOL
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Steve W.

I am not taking legal action on the Sheriff Dept. It was only a counter manuver on my part after the BS he tried to feed me that night... trespassing on a public hwy... whatever?

Like I said, stand up for your rights, but be nice. And things can work out just fine.

I am glad you enjoyed the pics. I need to make sure that Forky gets full size jpegs for the web page when he updates.

Lance

You handled it well.
Chatting with a very close relative who is in law enforcement, he said that most of the "badge heavy" officers he knows are more afraid of being exposed to the higher ups.
They are generally marginally competent and think their escapades, one on one, on lonely roads, with no witnesses, are not going to be seen on their records.
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Regards, Bill McGighan

I only expected an attorney calling his office the next day to be a wake up call. I hope he got the message, I would just assume not have to fight little battles on the side of the road so that I can enjoy a hobby. His actions were the only blemish on a number of LE encounters... Well I did get a ticket for speeding from a DPS officer in Childress, but I had a little to do with that pain.

I know how to spell "Animal"... after looking over my post again.

BTW, most likely a male, I will be checking by probe tomorrow. I am hoping to be wrong... And his name is "H_ly Sh!t"... Because that is the first thing I said when I saw him. I look back and wish something better came out of my mouth at the time. But I was actually shocked when I saw him.

Very nice animal there, thanks for sharing.

Lance,

That should have been the title to your post.

Also we need to take some better pics tonight.

S

Did you like the Blacktail and Tiger Pics from AZ? I almost hate to admit it, but AZ Blacktails make ours look like crap.

BTW, keep your hands out your pants... I know you are excited, but it will be OK. Now this will make a 3rd locality that is not easy to pair up.... Such is the life

WOW! Way to go Lance. Thanks for the photos and story. Amazing how 99% of the Hueco alterna look pretty much the same with the exception of Gerry Merker's from last Sept. and I think one in the archives collected by Bob Haas quite sometime ago. Probably has alot to do with being on the outer fringe of they're known range.
On another topic: Hope your new friend from the BP isn't another "operation road cut" dude! Trust no one!
Again, congrats on a great find. That makes at least 4 from the Huecos this year.
BA

He was young and seemed very interested and honest to me. Only wanted to know where animals like that could be found.

Lance

to harass hunters. IIRC. County Mounties are not above the law themselves.

Forky

here's a quote from the 2006-2007 outdoor annual....

• Harassment of Hunters, Trappers, or Anglers ( SEE Sportsmen’s Rights Act) is punishable by a fine of
$200 to $2000 and/or 180 days in jail.

ATTENTION. IF YOU HAVE BEEN HARASSED BY THIS SHERIFF PLEASE FILE A FORMAL COMPLAINT - OR CONTACT ME OR LANCE BENTON WITH DETAILS. WE WILL NEED THE SHERIFF'S NAME, BADGE NUMBER, TIME OF INCIDENT, AND EVERY POSSIBLE DETAIL ABOUT THE ENCOUNTER. I KNOW FOR A FACT HE'S BEEN HARASSING OTHER HUNTERS. LET'S PUT A STOP TO IT RIGHT NOW. THIS IS ACTUALLY A VIOLATION OF YOUR CIVIL RIGHTS.

FORKY

(Tx. Parks & Wild. § 62.0125 (1997))

VERNON'S TEXAS STATUTES AND CODES ANNOTATED
PARKS AND WILDLIFE CODE
TITLE 5. WILDLIFE AND PLANT CONSERVATION
SUBTITLE B. HUNTING AND FISHING
CHAPTER 62. PROVISIONS GENERALLY APPLICABLE TO HUNTING
SUBCHAPTER A. GENERAL PROVISIONS
§ 62.0125. Harassment of Hunters, Trappers, and Fishermen

(a) This section may be cited as the Sportsman's Rights Act.

(b) In this section:

(1) "Wildlife" means all species of wild mammals, birds, fish, reptiles, or amphibians.

(2) "Process of hunting or catching" means any act directed at the lawful hunting or catching of wildlife, including camping or other acts preparatory to hunting or catching of wildlife that occur on land or water on which the affected person has the right or privilege of hunting or catching that wildlife.

(c) No person may intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife.

(d) No person may intentionally harass, drive, or disturb any wildlife for the purpose of disrupting a person lawfully engaged in the process of hunting or catching wildlife.

(e) No person may enter or remain on public land or enter or remain on private land without the landowner's or his agent's consent if the person intends to disrupt another person lawfully engaged in the process of hunting or catching wildlife.

(f) This section does not apply to a peace officer of this state, a law enforcement officer of the United States, a member of the armed forces of the United States or of this state, or employees of the department or other state or federal agencies having statutory responsibility to manage wildlife or land during the time that the officer, member, or employee is in the actual discharge of official duties.

(g) A person who violates this section commits an offense. An offense under this section is a Class B misdemeanor.

(h) It is an affirmative defense to prosecution that the defendant's con duct is protected by the right to freedom of speech under the con stitution of this state or the United States.

Added by Acts 1985, 69th Leg., ch. 731, § 1, eff. Aug. 26, 1985.

Amended by Acts 1993, 73rd Leg., ch. 700, § 1, eff. Sept. 11, 1993

(f) This section does not apply to a peace officer of this
state, a law enforcement officer of the United States, a member of the armed forces of the United States or of this state, or employees of the department or other state or federal agencies having statutory responsibility to manage wildlife or land during the time that the officer, member, or employee is in the actual discharge of official duties.

_______________________________

"responsibility to manage wildlife or land" His ice is still very thin even behind the badge. But it is a moot point, I did not document the event well enough for proper legal action this time anyway. I just wanted them to be sure that we knew better and would not fall for the BS.

I wish I recorded the conversation my my camera, if nothing else I think it would be have been funny. But hindsite is 20/20.

Should have made him call the Game Warden out and had him cited for harassing me... That would have been a riot.

Lance

Yep probe goes less than 2 down on both sides so... TROY H., please remember our conversation.

Best Wishes,

Steven

But I understand, you are stoked about the catch.

Lance

Before I went to bed I got the female to eat 1 pinky right off the tongs. I did coax her with a gecko tail on top of the pinky. I then pulled the tail off when she started to eat the pinky. I left another fuzzy sized meal offering with the tail on top of it to see if she will take that one.

Bottom line is that it is nice to get her started on the right foot.

Steven

Lance,
Actually I live in the hill country now, down the road from Troy actually. You'd really be surprised how many green shirts enjoy the snakes. Not to pat myself on the back but, I've created a few converts myself just showing them the snakes and letting them handle them. The way I see it, the more converts, the better. There's a Supervisor that I work with now that has a splendida in his office. I love Mt. Hokins Rd. I really can't wait to go back out there. It is kinda scary though. Take Care, Jason
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Snakes of Hudspeth County, Texas

I wish the guy luck in getting his feet wet without any trauma.

I am sure that anybody that is really motivated will find there way into the hobby.

Lance