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Eby Jun 28, 2007 03:04 PM

Go ahead and observe and photograph the wildlife (that is still legal), but "hunting" with the intent to capture (even if just momentarily for a photo) is illegal (although I'd love to challenge that in court). Unfair and ill-advised as it may be, this law is the law.

If you are stopped, explain (truthfully) that you are looking for snakes and other nocturnal wildlife to observe and/or photograph (or just plead the fifth entirely). Hooks or bags in your vehicle can be honestly explained if you also plan to hunt on private land. Hooks or bags on your person will be strong evidence of intent. I'd avoid carrying them around without a good explanation.

Lying about hunting bugs, rocks, or nocturnal flowers might get you off the hook. However, LE will know you are lying and they will resent it. Besides, there is no need to lie. Unless you have a snake, bag, or hook in your hand, there is no compelling evidence that you are hunting.

You MAY get cited by an over eager warden despite an absence of compelling evidence. However, any such citation will provide us with the perfect test case to challenge this law.

Replies (2)

BRhaco Jun 28, 2007 04:17 PM

Everyone should refrain from using "observation and photgraphy" as a cover for collecting. The last thing we need to do at this juncture is build distrust between ourselves and law enforcement. We have always been law-abiding up to this point, and if we don't contnue to be so we will negatively affect our chances to get a workable compromise. Also, there are many, many herpers out there who NEVER collect. We certainly don't want to do anything which would make their pursuits more difficult.

For myself, it's really no huge hardship. I primarily herp for the experience and the photographs-I don't have physical room in my collection for many more animals ! But even if it were extremely onerous, I'd forbear for now....

Brad Chambers

rak Jun 28, 2007 05:00 PM

I was stopped by a game warden last friday. He had a bad taste in his mouth from all the bug collectors. However I cam right out and said I was looking for snakes and any other interesting wildlife, I had no intent to take. well it was a very pleasent conversation(FOR WHAT IT WAS AND WHAT IT COULD OF BEEN). I got no warning, in fact got a thank you for parking way off the road. DON"T LIE THERE IS NO REASON

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