I hate to be a stickler, but I believe it is important for herpers not to voluntarily give away those rights which have not already been specifically (and unfairly) taken away.
I don't think the above example applies-if there is a law against carrying paraphenalia in CA, then I imagine you would be cited/arrested. If not (as in my native Ohio at the time I was a teenager) then no, you could not be cited or arrested. Same here-the way the law is written, it is only illegal to "hunt" nongame from the road/right of way. It is in no way illegal to transport herps in a vehicle, nor to possess herping "paraphenalia" at any time, nor to observe/photograph. If you are cited by an overzealous LE merely for observing herps with collecting equipment in the vehicle, then I don't see how such a citation could be made to stick. Even Sinclair apparently agrees with this position, as I saw a comment by him a few months ago that says essentially the same thing....
It would be almost impossible for me and I know many others to seperate their "collecting" from "observation"-since both may occur far from home base, yet in the same general region and on the same day.
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Brad Chambers
WWW.HCU-TX.ORG
The Avalanche has already started-it is too late for the pebbles to vote....