Reptile & Amphibian Forums

The way I've read the law, it will be remarkably difficult to get around the "intent to capture"....The possession of hooks, tongs, bags, etc. all indicate a willingness to collect, and while one may not be in possession of any animals, the equipment coupled with the behavior (i.e. driving slow...which LE will observe btw) would lead a reasonable person to conclude that one's intent was to collect on the ROW.

The only real chance to rid ourselves of this ridiculous law is to make political connections in our favor NOW in preparation for next session. Intentionally violating the law (as moronic as it is) will not further our cause...The appropriate way to address this issue is to "let the light in" in terms of the underhanded tactics that were used to pass it and address the invalidity of this law (or at least the riders) next session. I would imagine a good number of state representatives were not aware that these riders were pushed through until much too late.

-Off the soap box now
AzAtrox

I own private property in extreme southern Brewster county. The place I sleep is two hours away. Does that mean I can't drive slow and look at animals on the way home if I have collecting equipment and maybe an animal in my car? BS.

Look they are forcing us on private property. We have the right to transport animals and collecting equipment to and fro without being hassled.

Like sissypants said, if you are cited, they damn well better have proof, or the JP is going to get awful tired of throwing out cases.

with only a camera and spotlight. If they want to cite me for THAT, then they'll get a fight. Are they going to ticket every birdwatcher who stops by the side of the road? We have as much right to observe OUR favorite wildlife as they do!

Brad Chambers

That is what I'm talkin' about! Why let the raptor folks get away with it and not let us have our slice of the Texas pie? I believe they should be able to do so but not to our exclusion. That is a valid point I would like an explanation for, not sour grapes, just wanting a fair shake.
Todd Hughes

ok, so in your scenario if i receive a citation will the offense at the bottom of the ticket read, "intent to collect animal from roadway" or "collecting animal from roadway?", thank you.

Well, provided that you didn't have any animals in your possession, they couldn't very well cite you for collection of them...In all likelihood they would cite you for the "intent to collect"...

That's the thing about "intent"...terribly subjective and if a judge has to decide based upon a "you were doing this/No I wasn't" type of case, then the observed behavior (i.e. driving well below the speed limit) and the possession of handling tools would be strong evidence in the officer's favor...

-AzAtrox

ok, then that clears up my confusion. i did not know that there were two offense titles 1.) collecting 2.) intent to collect. that would mean in the codes there are two separate titles for two separate offenses.

Passing back and forth along the same stretch of highway, too.
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V.P.
Austin Herp. Soc.

You have a deli cup, bags, extension pole and tongs while spot lighting cuts driving back and forth real slow

Sure you could use that stuff to hunt reptiles, or you could use the same equpment to find and collect scolopendra.

If you ever, and I mean ever get a citation for any "intent" to hunt. I will think very little of you if you do not plead "not guilty" at the JP and request a jury trial. The real judge will then likely toss it out the nearest window before the court date.

Oh, and no offense is committed if you have (within bag limits) native reptiles as long as they are not listed as T&E.

What else are you going to do in order to MAXIMIZE your viewing of the nocturnal wildlife indigeneous to that narrow construct through the habitat, and MAXIMIZE the hunting and collection of invertebrates that make it on to the road? If these acts remain lawful in Texas, then a driving up and down a road to achieve these acts must also be lawful. No?

R