We all need to find creative ways to thwart this law and embarass anyone that tries to enforce it. I have a number of fun ideas that I can't wait to try out.
I'd post them here, but...
1)LE is lurking and I'd rather not clue them in
2)It really doesn't take much imagination to come up with your own ideas to legally tharwt this law while avoiding the risk of prosecution (though some approaches will require an entertaining court appearance).
Have fun herping and humiliating anyone that tries to enforce this.
One note: I want to stress that I GENERALLY support TPWD in all their efforts, including enforcement. However, this "law of one" (opposed by 100% of the House, but snuck in by HH) deserves to be ruthlessly, blatantly, and creatively opposed. Since the legislature failed us, our only option is oppose it in the field and the courts. I plan on being courteous to all LE while informing them that this law is stupid and impossible to enforce.
Hint: Just because you have a snake in your hand while standing at a road cut, DOES NOT mean that you caught it there. Let them make stupid assumptions. Then, present your proof of legal capture in court.
Warning: Watch out of fake herps. The only effective means for LE to enforce this would be to witness the capture. Entrapping us with live herps is unlikely to work since they will likely crawl away before being seen by herpers (also, if they use live animals we could make a claim of animal abuse and harassment). I will assume that all fake herps are LE traps. Stopping for them is NOT illegal. You can still stop to observe wildlife, real or fake. Just be careful not to "capture" any. Loudly comment about the herp being fake and trash, then do the public a service by removing the litter for proper disposal. Let them try writing a ticket for cleaning up trash from our highways! As long as you don't run around screaming, "snake, catch it," they'll have a hard time proving that your intent was capture and not just beautifying our public roadways.
