Reptile & Amphibian Forums

Given that it's harder to get a law stricken/removed than to add a new one, would it be possible to lobby for the phrase "using a firearm" added to restore herpers' rights to observe/collect from roads/right-of-ways? In other words, change the wording to read

§ 62.0031. HUNTING FROM PUBLIC ROAD OR RIGHT-OF-WAY PROHIBITED. (a) Except as provided by Subsection (b), a person
may not hunt a wild animal or bird using a firearm when the person is on a public road or right-of-way.

Yes, it's somewhat redundant since it's already illegal to shoot across a road. However, based on discussions with legislators which led to the original removal of this verbage from the new Parks Bill, I think it would receive strong support.

I do not think the Legislature understood the sheer magnitude of what they took from herpers. According to TXDOT, as of 2004 Texas had 143,578.1 miles of road! This includes gravel roads as well, but those are included in the now-off-limits area to herpers.

Now suppose only 10% of this road distance is suitable for herping (although it's possible to find herps just about anywhere in the state, including urban areas); this means 14,357.8 miles of road habitat are now unavailable. Let's assume each road is only 20 feet wide (though including improved shoulders, many are much wider). Add a conservative 15 feet on each side for right-of-way and you get a width of 50 feet.

Using these values, herpers have lost, with the stroke of a pen, 87,000 acres of hunting opportunity--and that's just using 10% of available roads!

Unfortunately, Texas is not one of the 8 states which have enacted "no net loss" laws, meaning if publicly-accessible hunting land is closed, the state must find other land to make available. When one looks at TPWD's claim of 1.2 million acres of public land, the loss of (using my conservative calculations) roughly 7% of this available area (1.2 million 87,000 acres) is quite a lot.

I propose developing a template for letters to local legislators including some of this information, as well as the disspelling of other claims for rationale (wildlife sanctuaries, traffic safety, etc). I made phone calls last spring but I think legislators need the data in black and white, and referenced to source documents.
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Chris McMartin
www.mcmartinville.com
I'm Not a Herpetologist, but I Play One on the Internet

We need to this stupid pointless law changed! So what can we to to get it changed by the end of this year? Is there anything?
Id really like to get this changed!

Chris,

I think that’s an excellent idea and one worthy of pursuing in addition to those remedies already in the works by HCU.

Having perused more state regulations last summer than any one human being should ever have to, I can definitely state that they don’t seem to have any problem with including redundancy!

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Tom Lott

Thornscrub
Herp Conservation Unlimited
Southwestern Center For Herpetological Research

>>Given that it's harder to get a law stricken/removed than to add a new one, would it be possible to lobby for the phrase "using a firearm" added to restore herpers' rights to observe/collect from roads/right-of-ways? In other words, change the wording to read
>>
>>§ 62.0031. HUNTING FROM PUBLIC ROAD OR RIGHT-OF-WAY PROHIBITED. (a) Except as provided by Subsection (b), a person
>>may not hunt a wild animal or bird using a firearm when the person is on a public road or right-of-way.
>>
>>Yes, it's somewhat redundant since it's already illegal to shoot across a road. However, based on discussions with legislators which led to the original removal of this verbage from the new Parks Bill, I think it would receive strong support.
>>
>>I do not think the Legislature understood the sheer magnitude of what they took from herpers. According to TXDOT, as of 2004 Texas had 143,578.1 miles of road! This includes gravel roads as well, but those are included in the now-off-limits area to herpers.
>>
>>Now suppose only 10% of this road distance is suitable for herping (although it's possible to find herps just about anywhere in the state, including urban areas); this means 14,357.8 miles of road habitat are now unavailable. Let's assume each road is only 20 feet wide (though including improved shoulders, many are much wider). Add a conservative 15 feet on each side for right-of-way and you get a width of 50 feet.
>>
>>Using these values, herpers have lost, with the stroke of a pen, 87,000 acres of hunting opportunity--and that's just using 10% of available roads!
>>
>>Unfortunately, Texas is not one of the 8 states which have enacted "no net loss" laws, meaning if publicly-accessible hunting land is closed, the state must find other land to make available. When one looks at TPWD's claim of 1.2 million acres of public land, the loss of (using my conservative calculations) roughly 7% of this available area (1.2 million 87,000 acres) is quite a lot.
>>
>>I propose developing a template for letters to local legislators including some of this information, as well as the disspelling of other claims for rationale (wildlife sanctuaries, traffic safety, etc). I made phone calls last spring but I think legislators need the data in black and white, and referenced to source documents.
>>-----
>>Chris McMartin
>>www.mcmartinville.com
>>I'm Not a Herpetologist, but I Play One on the Internet

While I agree with pretty much everything you wrote Chris, Bows, Crossbows, nets, blowguns, et al. would have to be included to keep them happy IMO. I think we have enough reps on our side now to get an exclusion written into law next go round and we're working on more. I think your option is definately worthy of a plan "B". I think to play safe we should have a plan B, C and D inplace when we really go to work on this thing. Just my opinion.
Jason
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Snakes of Hudspeth County, Texas

I was think we should set up an archery range on the shoulder on some busy highway to make a point...

(it is a joke, but makes the point)

I like the approach of "non-lethal take by hand, hook, tongs or net of non-game wildlife"... it would preserve the sales pitch they had on public safety and get us back out to herping.

The reality is though that we will not be able to see such a change until the next legislative session. The short term hope would be to in some way contest this law so it will not be enforced for some lenght of time.

Lance
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Herp Conservation Unlimited