Reptile & Amphibian Forums

From Rep. Gallegos' Office, I received the following email today in response to an email the I wrote:

JT

Thank you for your email. I am going to file your comments, but I also wanted to give you some background. The idea of the bill came to Representative Isett's office from the Texas Parks and Wildlife Department and I just received the following message from the TPWD which I wanted to share with you.

Currently, it is a violation to hunt game animals, game birds, furbearers, exotic animals, or exotic fowl on a public roadway. “Hunt” is defined as capture, trap, take or kill, or the attempt to capture, trap, take or kill. Additionally, it is a Penal Code violation to discharge a firearm on or across a public road. Currently, it is not illegal to hunt nongame animals from a public road or rights of way, as long as a person is not hunting from a vehicle. Any hunting from a public road may create a potential traffic hazard and safety concern. House Bill 2414 HCS, prohibits the hunting of a wild animal or wild bird from the public road or rights of way. The bill does not apply to the trapping of a raptor for educational or sporting purposes as provided by Chapter 49, Texas Parks and Wildlife Code. An offense will be a Parks and Wildlife Code Class C misdemeanor. If enacted, the bill will provide game wardens with an enforcement tool that will enable them to clearly distinguish lawful activities on roadways from unlawful activities. A person hunting nongame on a public road or rights of way would be clearly in violation if they do not have a Texas Parks and Wildlife permit authorizing collection on a public road or rights of way. Much of nongame wildlife collection on public roads and rights of way is for commercial purposes. This bill would stop this aspect of nongame collection on public roads and rights of way. This bill would create a wildlife sanctuary where collection would be prohibited. The bill also provides an alternative enforcement tool for game wardens. Hunting from a vehicle on a public road is currently a Parks and Wildlife Code Class A misdemeanor. This bill makes the offense for hunting any wild animal or wild bird on a public road or rights of way a Parks and Wildlife Code Class C misdemeanor. Game wardens would have the discretion to file a lesser charge, if conditions warranted (e.g., juvenile or first time offender.) This bill will not prohibit entities such as schools from obtaining a collection permit for zoological collections, scientific research or educational display.

Katherine Frolow

State Representative Pete P. Gallego

Texas State Capitol - 4S.5

(o) 512-463-0566
________________________________________________________________

OK, what I read from this is that someone from TP&WL is behind this and has a personal issue with snake hunters and is lumping us in with commercial collectors to garner empathy and get this thing passed. The above explanation is pretty much what I used to get in email and letter format when I used to question road collecting snakes with some new added twists they are calling "tools". New Tools in the law enforcement profession used in this sense pretty much translates to, "we are going to outlaw what you are doing so we can ticket or arrest you" We really need to get serious about this guys and get some folks in their business down in Austin. If we don't, you can count your tranquil worry-free nights road cruising enjoying the West Texas solitude goodbye. Even if you decide to take your chances, "will I get stopped and ticketed or arrested?" will always be in the back of your mind. To me, that’s not an option and it sure as hell isn't relaxing.

I suggest that if any of you have a lobbyist in mind, contact him/her, get a price and post it here. Have your lobbyist give us a mailing address, paypal account, etc. where we can start sending money and everyone chip in. If not, one of you guys that has the time, set up an account that we can paypal money into, wire transfer money into, or just send checks to and get it done. Unfortunately we're gonna have to trust (foreign word these days) someone with our dinero to get it to the lobbyist. Maybe the lobbyist can come on here and let us know how he would accept money in this format. I've got my checkbook handy.......time is running out...

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Snakes of Hudspeth County, Texas

I should have taken more time to think this through but I'm tired:

Ms. Frolow,
I appreciate you taking time to respond. My contention is that there is no need whatsoever to create a roadside wildlife sanctuary where collection would be prohibited. It doesn't make much sense anyway since the animal in the "roadside sanctuary" usually gets killed when it decides to cross the pavement to get to the other "roadside sanctuary" as evidenced by all the road kill you see when traveling the Texas back roads. Please don't take this the wrong way but this issue is criminalizing an activity that MANY Texans have engaged in for many years. If I thought for a second that the snakes that were being collected would hurt any population, I would be the first one emailing your office in support of this bill. What your sources at Parks and Wildlife fail to mention, is that any animal, including snakes that have shown to be endanger of having dwindling numbers can and are listed as "protected" and/or "endangered" already providing penalties for their collection. Therefore another law to "protect snakes" is not needed. I am all for protecting species that need protection but this law does nothing at all to promote protection of reptiles and amphibians. It merely turns my relaxing nights that I have out with my daughters enjoying the starry remote west Texas nights while teaching them a love of nature into a criminal activity. Please ask Rep. Gallegos to get both sides of this story. As you know in the line of work that you’re in, it's very easy for someone with an agenda to win a "debate" or argument when no one is there to correct their flawed reasoning or debate their points. All I would ask is that Rep. Gallegos try inserting an exception clause into the bill allowing for the types of activities that I speak of as nothing about it is criminal. It has already been done to an extent for raptors. Again, if anyone wishes to discuss this issue, telephonically please don't hesitate to call. Rep. Gallegos' record has always followed along lines that my family appreciates and is why he received our votes. I hope this issue does not slip by.

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Snakes of Hudspeth County, Texas

Not to mention that the "sanctuary" is 1% compared to the 99% that the critters otherwise have access to that we don't.