Reptile & Amphibian Forums

...about the OTHER rider snuck into HB 12? The non-native venomous/large constrictor permit? When is that going into effect, what are the terms of the permit, etc.?

Thanks
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Derek Moynihan
Fat, Flat Lizard Ranch

It is in effect despite the fact that I see no way the permit system could be in place. Setting such things up is no magic and would take time.

Lance

At least with that ##$$, they've provided a grace period. I've carved out only the relevant sections for you guys to see:

(b) The following take effect September 1, 2007:
(5) except as provided by Subsection (c) of this section, Subchapter V, Chapter 43, Parks and Wildlife Code, as added by this Act.
(c) Sections 43.851(d) and 43.856, Parks and Wildlife Code, as added by this Act, take effect April 1, 2008.

Chapter 43, Parks and Wildlife Code, is amended
by adding Subchapter V to read as follows:
SUBCHAPTER V. NONINDIGENOUS SNAKE PERMITS
ec. 43.851. PERMIT. (a) The commission by rule shall
establish permits that allow permit holders to possess or transport
in this state a live nonindigenous:
(1) venomous snake; or
(2) constrictor that is one of the following:
(A) African rock python, Python sebae;
(B) Asiatic rock python, Python molurus;
(C) green anaconda, Eunectes murinus;
(D) reticulated python, Python reticulatus; or
(E) southern African python, Python natalensis.
(b) The commission shall establish separate permits for
recreational and commercial purposes.
(c) A permit under this subchapter is not required for:
(1) a state or county official performing an official
duty;
(2) a licensed zoo that possesses or transports a
snake for exhibition or scientific purposes;
(3) a research facility, including a university,
licensed under the Animal Welfare Act (7 U.S.C. Section 2131 et
seq.) that possesses or transports a snake for scientific purposes;
or
(4) a person who assists a department employee in the
handling or transport of a snake under this subchapter.
(d) Except as provided by Subsection (c), a person may not
possess or transport in this state a snake described by Subsection
(a) without a permit issued by the department under this
subchapter.
(e) A person convicted of a violation of this subchapter or
a rule adopted under this subchapter may not obtain a permit before
the fifth anniversary of the date of the conviction.

Sec. 43.856. OFFENSE. (a) Except as provided by Subsection
(c), a person who violates this subchapter or a rule adopted under
this subchapter commits an offense that is a Class C Parks and
Wildlife Code misdemeanor.
(b) A person who violates Section 43.853 or a rule adopted
to implement Section 43.853 commits an offense that is a Class A
Parks and Wildlife Code misdemeanor.

Robert

where do you go to get your permit, how much is it, who manages it, what is the number of the permit so you can request the correct one????

I think we should find out before that date even though I do not keep anything impacted under 1309

Are you really asking me, or were those rhetorical questions-lol. Here, read the whole "damned" thing, but pay particular attention to Sec. 43.855

R.

SUBCHAPTER V. NONINDIGENOUS SNAKE PERMIT
Sec. 43.851. PERMIT. (a) The commission by rule shall
establish permits that allow permit holders to possess or transport
in this state a live nonindigenous:
(1) venomous snake; or
(2) constrictor that is one of the following:
(A) African rock python, Python sebae;
(B) Asiatic rock python, Python molurus;
(C) green anaconda, Eunectes murinus;
(D) reticulated python, Python reticulatus; or
(E) southern African python, Python natalensis.
(b) The commission shall establish separate permits for
recreational and commercial purposes.
(c) A permit under this subchapter is not required for:
(1) a state or county official performing an official
duty;
(2) a licensed zoo that possesses or transports a
snake for exhibition or scientific purposes;
(3) a research facility, including a university,
licensed under the Animal Welfare Act (7 U.S.C. Section 2131 et
seq.) that possesses or transports a snake for scientific purposes;
or
(4) a person who assists a department employee in the
handling or transport of a snake under this subchapter.
(d) Except as provided by Subsection (c), a person may not
possess or transport in this state a snake described by Subsection
(a) without a permit issued by the department under this
subchapter.
(e) A person convicted of a violation of this subchapter or
a rule adopted under this subchapter may not obtain a permit before
the fifth anniversary of the date of the conviction.
Sec. 43.852. INSPECTION OF PERMIT AND RECORDS. An
authorized department employee may inspect at any time and without
a warrant a permit or any records required by this subchapter.
Sec. 43.853. RELEASE FROM CAPTIVITY. A person may not
intentionally, knowingly, recklessly, or with criminal negligence
release or allow the release from captivity of a snake covered by
this subchapter.
Sec. 43.854. SEIZURE OF CONTRABAND; FINANCIAL
RESPONSIBILITY. (a) The department may arrange for the seizure and
removal of a snake covered by this subchapter from a person who
possesses the snake without the required permit. The person is
responsible for any costs incurred by the department in the
seizure, removal, and disposition of the snake.
(b) A department employee is not required to handle, remove,
or dispose of the snake.
(c) The department may contract with a person who has
knowledge of or expertise in the handling of a snake covered by this
subchapter to assist the department in the handling, removal, and
disposition of the snake.
(d) The department, including an enforcement officer of the
department, who acts under this section is not liable in a civil
action for the seizure, sale, donation, or other disposition of the
snake.
Sec. 43.855. RULES. The commission may adopt rules to
implement this subchapter, including rules to govern:
(1) the possession or transport of a snake covered by
this subchapter;
(2) permit application forms, fees, and procedures;
(3) the release of the snake;
(4) reports that the department may require a permit
holder to submit to the department; and
(5) other matters the commission considers necessary.
Sec. 43.856. OFFENSE. (a) Except as provided by Subsection
(c), a person who violates this subchapter or a rule adopted under
this subchapter commits an offense that is a Class C Parks and
Wildlife Code misdemeanor.
(b) A person who violates Section 43.853 or a rule adopted
to implement Section 43.853 commits an offense that is a Class A
Parks and Wildlife Code misdemeanor.

At the bottom, section d). Department and employees can't be held financially liable. What if they confiscate and kill or dispose of the wrong snakes? I bet they could still be sued no matter what so I guess they better be 100% certain of their ID's before the go confiscating whole collections to identify later.

Sec. 43.854. SEIZURE OF CONTRABAND; FINANCIAL
RESPONSIBILITY. (a) The department may arrange for the seizure and
removal of a snake covered by this subchapter from a person who
possesses the snake without the required permit. The person is
responsible for any costs incurred by the department in the
seizure, removal, and disposition of the snake.
(b) A department employee is not required to handle, remove,
or dispose of the snake.
(c) The department may contract with a person who has
knowledge of or expertise in the handling of a snake covered by this
subchapter to assist the department in the handling, removal, and
disposition of the snake.
(d) The department, including an enforcement officer of the
department, who acts under this section is not liable in a civil
action for the seizure, sale, donation, or other disposition of the
snake.

There's also the fact that "nonindigenous" hasn't been defined. Indigenous to where? Nothing on how to apply for a permit either.

They have time to do that. I've provided a link to HB12, just scroll down until you get to SECTION 41, where it amends Chapter 43, Parks and Wildlife Code, by adding SUBCHAPTER V. NONINDIGENOUS SNAKE PERMIT, and read all about it.

In AZ, (nonnative) venomous means anything physically outside the political jurisdiction of Arizona. For example, even though Blacktail and atrox are indigenous to both AZ and NM, I would be in technical violation of our nonnative venomous law if I collected a blacktail or diamondback in NM and brought it back into AZ.

R
Link

The original document said "native to this country".
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Tim Cole
www.Designeratrox.com/
www.AustinReptileService.net
www.AustinReptileExpo.com/
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Conservation through Education