Reptile & Amphibian Forums

The following letter is longer than I would have preferred, but it is arranged in bullet format (not sure how to make the bullets and indents show in this forum) and addresses most of my concerns. I used a little hyperbole to get there attention. Hopefully, the hyperbole is not extreme enough to expose my tin foil hat. I plan to send this to all state reps and senators. My hope is that it will persuade some that are on the fence and give ammo to some that are already on our side. I doubt it will persuade any that are already against us.
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Dear (Insert Reps Name Here),

I am writing to urge you to oppose HB 2414, relating to hunting from public roads or rights-of-way. Please consider the following points when deciding how you will vote.

HB 2414 would make it illegal to save a turtles live by moving it off of the road:
This bill, as currently worded, seems to protect wildlife along Texas roads and rights-of-way. However, TPWD currently defines hunting as “the pursuit with the intent to capture or kill”. Furthermore, capture is loosely interpreted as exercising any control or limitation over the movement of an animal. Any concerned citizen that tries to remove a turtle from the path of traffic must “pursue it with the intent to capture”. Ironically, it would not be illegal to “accidentally” run over the same turtle.

HB 2414 would make it illegal for a 10 year old to chase after a lizard at a rest stop:
If a child chases a lizard at a road side rest stop, he/she is “pursuing it with the intent to capture.” Does the state of Texas really want to criminalize the natural curiosity of a child?

HB 2414 would make it illegal for a photographer to pose or limit the movement of an animal while taking a picture:
For the same reasons as stated above, a citizen or tourist would be in violation of the law if he/she tried to take picture of a an animal and used any means to control the animals freedom of movement. For instance, using a stick to tap next to a snake and make it coil could be considered “pursuit with the intent to capture” and therefore hunting, even if the snake is allowed to crawl away unharmed after the picture is taken.

HB 2414 would make it illegal for citizens to collect scientific data by collecting and preserving road killed animals:
Many amateur naturalists collect road killed animals for research and preservation. Many of these animals are contributed to schools and museums for important scientific study. Check with the biology department at any state university or museum and they will confirm the importance of this type of collection and contribution by private citizens. Personally, as a young child (I’m now 42) I developed an interest in biology and learned a great deal about reptile anatomy and food preferences by collecting and dissecting numerous road killed reptiles.

HB 2414 would make it illegal for reptile and amphibian enthusiasts to pursue their hobby in virtually the only land in Texas that is currently open for them:
Approximately 98% of the land in Texas is either privately owned or protected as state or national park land. Additional, most of the Wildlife Management Areas and state owned hunting land prohibit the collection of reptiles or amphibians (I’ve never understood why it is legal to shoot a deer in a WMA but illegal to pick-up a frog). In many regions of the Lone Star State, the ONLY land that is currently open to reptile enthusiasts is the public road right of ways. Additionally, one of the most effective and time tested methods of reptile or amphibian collection or observation is to drive along lightly travelled rural roads in the evening or at night.

HB 2414 would make Texas the first state in the USA to ban the public from pursuing reptiles and amphibians along public roads and right-of-ways:
Driving rural roads and walking along the right-of-way is a time honored method of collecting or observing reptiles that is used in every state in this great nation. To the best of my knowledge, and based on inquiries to dozens of reptile enthusiasts all over the nation, there are currently zero states that ban this method of collection. This bill would make Texas the ONLY state in the nation to ban the public from pursuing reptiles and amphibians along public roads and right-of-ways.

HB 2414 would deprive TPWD from revenue generated by the purchase of hunting licenses:
Texas requires individuals to purchase a hunting license in order to pursue or collect reptiles or amphibians. As a reptile enthusiast that would never consider taking the life of any wild animal, I would have no reason to purchase a hunting license if this bill passed (public roads and ROWs are virtually the only place I “hunt” reptiles).

HB 2414 would deprive rural communities across Texas of much need tourism dollars:
Thousands of reptile and amphibian enthusiasts travel from various regions of Texas, other states and even foreign countries to spend their vacation time and dollars in rural Texas towns in order to collect or observe the wonderful reptiles and amphibians of this great state. Hotel operators and other retailers in many rural towns depend on these tourism dollars to remain in business during their off-seasons.

HB 2414 would greatly reduce the revenue generated by Texas’ world famous rattlesnake round-ups:
A very high percentage of the rattlesnakes collected for rattlesnake round-ups are collected from public roads and ROWs. This bill would prohibit this collection and thereby reduce the numbers of rattlesnakes collected and revenue generated by these highly profitable fundraisers. While I would personally love to see the rattlesnake round-ups stopped, this bill is not the correct means to do so.

HB2414 may be intended to limit commercial collection, but its broad language would also ban recreational collection and observation for non-commercial reasons:
It should be noted that the vast majority of reptile “collectors” actually collect very few reptiles from the wild. Most are simply enjoying the sport and releasing almost all of the animals they encounter. The few reptiles that are collected are mostly used in captive breeding programs that reduce the demand for wild caught animals. For instance, a typical reptile enthusiast will spend an average of $2500 in pursuit of Texas’ most famous reptile (the gray banded kingsnake) while the market value of that animal averages only $200. Personally, I have spent several dozen nights and untold dollars looking for a gray banded king along west Texas roads and ROWs and have not yet caught a single one. A separate bill to regulate or even ban the commercial collection of reptiles and amphibians would have the support of the vast majority of reptile enthusiasts. Most of us are extremely opposed to any commercial exploitation of our native wild populations of reptiles and amphibians.

Thank you for your time and consideration,
Daryl L. Eby
HC 65, Box 132-U
Alpine, TX 79830
432-371-2861

Despite proof reading, I just noticed a couple of typos. Please reply by email to mountain(dot)man(at)mountaindesert(dot)com with any grammar or spelling corrections (no need to publicize my stupidity LOL).

I find Typos and missed words all the time after I post. If I would take the time to read it back to myself out loud I would not have the problem. My brain thinks it, but fingers to not type it...

I'm adding one more bullet (just in case all the others missed).
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HB 2414 would make it nearly impossible for TPWD to ever gather any meaningful data about the distribution and population densities of native reptiles and amphibians:
Some in TPWD have claimed that this bill would protect sensitive populations of some reptiles and amphibians. However, they admit that do not have ANY data to support this claim. In fact TPWD has NEVER taken the time or effort to conduct any significant studies of the ranges or populations of our native reptiles and amphibians. Much of this disregard ties back to a long standing grudge that some in TPWD hold against reptile and amphibian enthusiasts. Many in TPWD (and the general public) just don’t understand why any normal person would pursue a hobby involving reptiles and amphibians. As a result, they have formed many inaccurate assumptions about our behavior and ethics. Most reptile and amphibian enthusiasts would welcome a constructive dialogue with TPWD. If TPWD would take the time and effort to re-establish their creditability in our eyes, many of us would gladly provide them with decades worth of collection statistics and field observations. Furthermore, many of us would proudly volunteer our efforts to TPWD to assist them in collecting future data. I can assure you, our concern for the protection of native reptiles and amphibians is deeply rooted and sincere. However, if this bill passes, many reptile and amphibian enthusiasts will blame TPWD for restricting our ability to protect and preserve our native reptiles and amphibians by studying them and establishing genetically diverse captive breeding programs for the protections of wild animals. If that were to occur, very few reptile and amphibian enthusiasts would be willing to assist TPWD in any manner.

I think both sides see the other as not very credible.

If that kind of dialog is to happen then both sides will have to work together to bridge a compromise. And something else to remember, which will make that bridge very difficult to get started on is that both inside the TP&W and inside the Herp community there is a diversity of interest and ideals on how things should be done.

I agree. What you say is both accurate and unfortunate.

Troy has done a great job trying to bridge the gap, but I'm afraid this bill will only make the bridge harder for either side to cross.

Hey Eby,
Have you talked to any of the locals? The people at the Study Butte store and the motels and restruant might be interested to know about this. Problem is, since we got such a bad rap in the old days, most of us keep a low profile, keeping our reason for being there a secret and most retailers don't know what they will be missing. When I lived in Terlingua, there where always a few people that thought nothing should be collected but most of the business owners where glad to have us.
Just curious.
Later
Rick

I've talked to Carolyn, the co-owner of Chisos Mtn Mining Company Motel (Easter Egg Valley). She was stunned and promised to offer her support and talk to other local hotel operators. Too bad Betty is gone from the Longhorn. She would have been firmly on our side.

As far as other retailers are concerned, I'm hesitant to contact some because of the bad rap you mentioned. I'd love to recruit allies, but frankly I'm a little afraid of alerting possible enemies. Like many others, I keep my herping activities very low profile in order to avoid the enmity of the close minded or misinformed.

Some of those people that are so strongly opposed to taking a live animal from a roadway would support the intentional killing of it instead. I think it goes to the perception of anybody who hunts out there is picking up everything and selling all or some portion of it. They just cannot imagine it any other way.

We need to present ourselves as more typical sportsmen like people fishing or game hunters. They are looked at as conservationist for the next generation to enjoy these natural resources and we are looked at as money grubbing low-lives that are raping a natural resource for some personal gain. And that is just so far from the truth it is sad.

I think one thing we need in the areas we hunt are more people like Roy Engledorf that show us stewards of a natural resource that are trying to expand our understanding and appreciation. We need a group of ambassadors letting these business and local residents know what our interest really are so they will stop using their imagination to define us.

Amen

Severely abridged addition to fit into the limited space allowed on the state email form. The full version will be mailed (and emailed to any "real" email addresses I can obtain.
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I am writing to request your opposition to HB 2414, relating to hunting from public roads or rights-of-way. Please consider the following points when deciding on your vote.

HB2414 would make it illegal to save a turtle’s life by moving it off of the road:
TPWD currently defines hunting as “the pursuit with the intent to capture or kill”. Also, capture is loosely interpreted as exercising any control or limitation over the movement of an animal. Any concerned citizen that tries to remove a turtle from the path of traffic must “pursue it with the intent to capture”. Ironically, it would not be illegal to “accidentally” run over the same turtle.

HB2414 would make it illegal for a 10 year old to chase after a lizard at a rest stop:
If a child chases a lizard at a road side rest stop, he is “pursuing it with the intent to capture.” Does Texas really want to criminalize the natural curiosity of a child?

HB2414 would make it illegal for a photographer to pose or limit the movement of an animal while taking a picture:
A citizen or tourist would be in violation of this bill if he/she tried to take a picture of an animal and used any means to control the animal’s freedom of movement.

HB2414 would make it illegal for citizens to collect scientific data by collecting and preserving road killed animals:
Many amateur naturalists collect road killed animals for research and preservation. Many of these animals are donated to schools and museums for important scientific study.

HB2414 would make it illegal for reptile and amphibian enthusiasts to pursue their hobby in virtually the only land in Texas that is currently open to them:
Approximately 98% of the land in Texas is either privately owned or protected as state or national park land. Additionally, most of the Wildlife Management Areas and state owned hunting land prohibit the collection of reptiles or amphibians (I’ve never understood why it is legal to shoot a deer in a WMA but illegal to pick-up a frog).

HB2414 would make Texas the first state in the USA to ban the public from pursuing reptiles and amphibians along public roads and right-of-ways:
There are currently zero states that ban this method of collection. This bill would make Texas the ONLY state in the nation to ban the public from pursuing reptiles and amphibians along public roads and right-of-ways.

HB2414 would deprive TPWD from revenue generated by the purchase of hunting licenses:
Hundreds, perhaps thousands, of reptile enthusiasts would have no reason to purchase a hunting license if this bill passed.

HB2414 would deprive rural communities across Texas of much need tourism dollars:
Thousands of reptile and amphibian enthusiasts travel from various regions of Texas, other states and even foreign countries to spend their vacation time and dollars in rural Texas towns in order to collect or observe the wonderful reptiles and amphibians of this great state. Hotel operators and other retailers in some rural towns depend on these tourism dollars to remain in business during their off-seasons.

HB2414 would greatly reduce the revenue generated by Texas’ world famous rattlesnake round-ups:
A very high percentage of the rattlesnakes collected for rattlesnake round-ups are collected from public roads and ROWs. This bill would prohibit this collection and thereby reduce the numbers of rattlesnakes collected and revenue generated by these highly profitable fundraisers.

HB2414 claims to be directed at limiting commercial collection, but its broad language would also ban recreational or scientific collection and observation:
The vast majority of reptile and amphibian “collectors” collect very few reptiles or amphibians from the wild. Most simply enjoying the sport, making observations, collecting data, and releasing almost all of the animals they encounter. Most of the reptiles that are collected are used in captive breeding programs that reduce the demand for wild caught animals. A separate bill to regulate or even ban commercial from the wild would have the support of the vast majority of reptile enthusiast.

HB2414 would make it very difficult for TPWD to gather data about the distribution and population densities of native reptiles and amphibians:
Some in TPWD have claimed this bill will protect sensitive populations of reptiles and amphibians. However, they admit that do not have ANY data to support this claim. In fact TPWD has NEVER conducted any significant studies of our native reptiles and amphibians. If this bill passes, many reptile and amphibian enthusiasts will blame TPWD for restricting our ability to protect and preserve our native reptiles and amphibians by studying them and establishing genetically diverse captive breeding programs. If that were to occur, very few reptile and amphibian enthusiasts would be willing to assist TPWD in any manner.

Thank you for your time and consideration,
Daryl L. Eby
Amateur Reptile Enthusiast

All good points.