Reptile & Amphibian Forums

This is my first post. We are leaving Georgia for Del Rio, Study
Butte, Alpine et al this coming Friday & would appreciate some info. Have reviewed postings of the last couple of mos. Can
someone please give me a short synopsis of law regarding row crusing? IF we plan on hunting on private land do we need a hunting license to collect? Past years (2005 being the last), I believe we obtained a non-resident 5 day licenses. By collect I mean, we only take photo's including GB's but have kept snakes overnight to photograph the following day. We will be in a white Toyota Sport 4-Runner with GA plates beginning on Sat evening . . . Juno road, 277 & maybe Pandale Dirt (hopefully we can avoid getting a flat tire or two - we got two in 1998). Good luck to everyone and appreciate any info, my son and I enjoy everyone's posts.

As per the new law. Roads and ROW's are off limits to anything that involves picking up, capturing or even moving snakes. Taking one overnight just to photo could end someone up with a ticket or even jail time (class B misd.) Private land is OK as long as you have a license. Here are the relevant quotations from the Texas Parks and Wildlife Code:

§ 1.101. DEFINITIONS. In this code:
(1) "Hunt" means capture, trap, take, or kill, or an
attempt to capture, trap, take, or kill.
(2) "Catch" means take or kill and includes an attempt
to take or kill.
(3) "Sell" means to transfer the ownership or the
right of possession of an item to a person for consideration and
includes a barter and an even exchange.
(4) "Wild," when used in reference to an animal, means
a species, including each individual of a species, that normally
lives in a state of nature and is not ordinarily domesticated. This
definition does not include exotic livestock defined by Section
161.001(a)(4), Agriculture Code.
(5) "Take," except as otherwise provided by this
code, means collect, hook, hunt, net, shoot, or snare, by any
means or device, and includes an attempt to take or to pursue in
order to take.

Link:
http://tlo2.tlc.state.tx.us/statutes/docs/PW/content/htm/pw.001.00.000001.00.htm#1.101.00

AND THE LAW WE'RE TRYING TO GET CHANGED:

§ 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 when the person is on a public
road or right-of-way.
(b) This section does not apply to the trapping of a raptor
for educational or sporting purposes as provided by Chapter 49.

Link:
http://tlo2.tlc.state.tx.us/statutes/docs/PW/content/htm/pw.005.00.000062.00.htm#62.0031.00

So I guess you could always tell them you're looking for Eagles for Sporting purposes

HCU has several ranches on their landowner agreement program. By joining you will have access to them all. Many are in the areas that you plan on going.

Either way, have fun...
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HCU
Snakes of Hudspeth County, Texas

Thanks for the information, will bring my raptor collecting gear. Then viewing snakes and/or taking pictures on road/ROW is legal as long as we do not touch/move the snakes?
I am definitely interested in joining HCU. If I send a check in
the mail tomorrow will that be soon enough to have access to the
ranches during this trip? We are leaving early Friday AM. I am
very interested in driving through Hudspeth County too. Again,
we are only taking pictures whether we are on public or private land. We plan to be in Texas for two weeks, we also plan on
camping in Guadalupe National Park and have reservations at Wildhorse Station in the Big Bend area for 3 nights.
Again, thanks and enjoyed your Snakes of Hudspeth County, Texas site.

I have a similar question...I haven't herped in west Texas for several years and have read about the new laws. I am planning to be out there (BBRSP, BBNP, Hwy 118) for several days in early June and wanted to look for stuff (photograph only). Can we still pull off at road cuts and walk them with flashlights?
Can we drive slowly on roads if the intention is to photograph or observe only? Are game wardens and park rangers vigorously enforcing the new laws? Does a hunting license even help at all?

Thanks.
Charlie

Avoid herping in BBNP. They take a very dim view of herpers and even ban the use of artificial lights (including headlights and camera flashes) to observe wildlife. Hiking there in the daylight and looking around (w/o a hook) should be fine. However, if a ranger notices you looking for or at herps in the park, you may be in for more questions than you care to answer. It's a damn shame!

As for walking cuts, that is still legal as long as you aren't capturing or attempting to capture (that includes posing for pics) any herps.

As for a hunting license, I'd recommend one if you have any interest in herping any private land. Other than that, it is pretty pointless. Some would say having one shows good faith and support of hunting regs. Others would say that having one shows intent to hunt. Toss a coin.

Thanks for the good info.

Charlie

I would still have a hunting license if you intend to use any ranches, they are in the business to cater to hunters, and the definition of hunt is written into the laws as we know them now. If you take in situ shots, not needed, IMO, but if you actively seek them out and in any way hinder their movement, THAT is hunting, again, IMO.
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Todd Hughes

Yesterday I parroted the comment I've heard from others that you don't really need a hunting license if you are ONLY observing, photographing, and NOT touching any herps along the roads and ROWs.

On second thought, I'd strongly recommend having a license in ALL cases. IF you happen to touch a wild herp (accidentally, incidentally, as a rescue, etc) and get nailed you may end up with TWO citations. One for hunting along the road or ROW, and a second for hunting w/o a license. Both citations will likely reinforce the "legitimacy" of the other in the minds of many judges or juries.