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IMPORTANT! HEARING SCHEDULED ON HOUSE BI

Joe Forks Mar 06, 2009 09:21 AM

IMPORTANT NOTICE:

House Bill 1500 which was filed by State Representative Tracy King and co-authored by State Representative Joe Farias on behalf of Herp Conservation Unlimited (H.C.U.) and all persons involved in herpetology in Texas is scheduled for a hearing before the House Culture, Recreation, & Tourism Committee at 2:00 PM on Tuesday, March 10, 2009.

Even if you are not going to be a speaker , we still need you there to show support for this bill and to register as being in favor of it. If there is anyway at all that you can get away to attend this very important hearing, please do so. Please pass this information along to everyone that you know who has an interest in the herpetology of Texas. It is vital that we fill that hearing room with as many supporters of H.B. 1500 as possible. Please spread the word.

The hearing will be held at the Capitol in Austin. Below is a link which contains the Room # at the Capitol and the Committee's agenda for that day:

www.legis.state.tx.us/tlodocs/81R/schedules/html/C4302009031014001.HTM

Below is a link to the text of H.B. 1500:

www.capitol.state.tx.us/tlodocs/81R/billtext/doc/HB01500I.doc

If you attend this important hearing, there is a visitor parking garage located on San Jacinto Street on the east side of the Capitol. Please try to arrive early enough to find parking and locate the meeting room before 2 PM.

Thank you for your support.

Herp Conservation Unlimited (H.C.U.)
http://www.hcu-tx.org
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Herp Conservation Unlimited
Mexicana Group Directory
Photography by Joseph E. Forks

Replies (13)

Chris_McMartin Mar 08, 2009 08:42 AM

Obviously I won't be able to attend, but in addition to the emails and phone calls I'm whipping up, here are some talking points I wrote which may be helpful (modify as necessary):

THINGS YOU MAY NOT KNOW ABOUT THE “HERPING” HOBBY AND HB 1500

- “Herping” is the term commonly used to describe the observation of reptiles and amphibians in the wild. It is similar to “birding,” another popular pastime in Texas.

- Herping differs from birding in that many reptiles and amphibians are much more secretive and in order to observe them, herpers must sometimes look under rocks or old litter such as sheet metal or plywood. Because of the more active nature of searching, such activity is classified as “hunting” under TPWD regulations, regardless of whether a herper actually captures an animal or simply photographs it.

- Another means of finding reptiles and amphibians involves “road cruising,” or driving along likely stretches of road and searching along the rights-of-way for animals drawn either to the road surface itself or road cuts, because both provide favorable conditions for these “cold-blooded” creatures to warm themselves and search for food.

- Reptiles and amphibians, with the exception of alligators, are considered nongame animals, but they still have bag/possession limits. Although many herpers do not keep what they find (“catch and release” for photographic purposes), some do, and they must comply with the laws already on the books.

- Since herping is considered hunting, and hunting from roadways has been illegal for decades due to “typical” hunters using firearms (which herpers do not), confusion has abounded as to whether herping along the right-of-way was legal. However, multiple instances of correspondence between concerned citizens and TPWD leadership throughout the 1980s, 1990s, and up to a few years ago affirmed that herping the rights-of-way, for law enforcement purposes, would not be considered hunting from the road.

- HB 2414 was signed into law in 2006, after being initially rejected, as a rider on another bill. HB 2414 prohibited the pursuit of animals along the right-of-way, effectively ending the herping hobby for many citizens. Because much of Texas is privately owned, herpers lost miles of publicly-accessible land to pursue their hobby—the roads and rights-of-way throughout the state.

- One reason cited for HB 2414 was public safety. The claim was unfounded—according to public records, no herper has ever been involved in an accident along a right-of-way. Additionally, the law does not prohibit other time-honored activities along rights-of-way which have the same or greater level of risk—photographing or picking flowers, horseback riding, or simply walking.

- Another reason cited for HB 2414 was protection of the wildlife resources. Again, this claim was unfounded—nothing in any law prevents inattentive or malicious motorists from running over countless animals of all species. Many more reptiles and amphibians are killed on Texas highways than are photographed, collected, or even seen alive. Furthermore, HB 2414 included an exception to the law for falconers to hunt from the right-of-way—if falconers can be permitted to continue their pastime, it stands to reason herpers should be as well.

- The economic contributions of herpers should not be overlooked. Each herper must have in their possession a valid Texas hunting license, and these sales increase revenue for TPWD. Herpers also must eat and sleep; motel room charges and restaurant receipts greatly contribute to local economies, especially in small West Texas towns. Many herpers, both from Texas and out of state, canceled their planned trips in response to the new law, to the detriment of local economies.

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Chris McMartin
www.mcmartinville.com
I'm Not a Herpetologist, but I Play One on the Internet

Eby Mar 10, 2009 04:16 PM

The committee hearing is happening now. Watch and listen to your fellow herpers defend your hobby.

Watch it real time at the below link (LiveStream 2 -use RealPlayer)
http://www.house.state.tx.us/media/welcome.php

If you miss it live, I'll link to the archived recording as soon as it is available.

UPDATES:
There is other pending business, two other bills being considered, and some general testimony and Q&A from Parks & Wildlife. We're at 17 minutes 45 seconds into the hearing now and just now getting started on our bill.

Rep Tracy Kings into went over very well and was followed by laughter at the expense of another rep that appears fearful.

Major Sinclair (TPWD) is now talking about how the road should be a "sanctuary". He's responding to Q&A now.

Sinclair is now suggesting collecting on private land and mentioned opening state parks to herping is a "possibility" -yeah right -he was just dodging a question.

Sinclair is saying hunting from a vehicle has always and still will be illegal. He and the reps are now discussing if there should be clarification on this issue and establishing guidelines such as parking, reflective vest, spotlights, etc. It sounds like Sinclair is OK with this law and is just looking for guidance from the legislators on related enforcement concerns.

One of the reps brought up the economic impact.

Another rep is asking how warden can possibly enforce this if they don't see the capture. Sinclair acknowledge it's difficult for LE to prove.

Troy Hibbits is now speaking. Go Troy! He's laying out our case in classic Hibbits form. Talking about family herping, sport, recreation, safety, types of road & ROW herping and WHY, lack of access to private or even public land, prevalence of release over capture, comparing risk of traditional hunting and flower photography compared to herping, asking why P&W advocates some roadside herping when it benefits them, pointing out that traffic codes already deal with unsafe practices, talking about how he and his family spends thousands of dollars herping and went out of state due to the ban, pointing out one hotel losing $25k in lost herping guests, pointing out that roadside collecting has a negligible impact, pointing out that exposure to the public should be encouraged not outlawed.

Roy Engledorf is now speaking as a herper and a hotel owner (Outback Oasis). Talking about how he DOUBLED the income at his hotel by catering to herpers and how HE lost $25K due to herpers leaving the area. Explaining how in 2003 TPWD altered their enforcement to allow herping from a vehicle. Tactfully challenged the idea the the roads are a "Sanctuary".

One of the reps is asking if he can amend the bill to have IMMEDIATE EFFECT instead of waiting til Sept 1. Excellent.

Another rep is saying her husband and kids have collected and asking what herpers do with the herps. He answered most are released, others are rescued from the road, some collect.

Another rep asking about recording keeping and tracking of sitings. Answer YES.

Another rep asking about the "challenge" and recognition for success. These reps seem truly intrigued.

Tim Cole is now speaking. He's explaining all about "rock cuts" and the simple joy of being out in west Texas. Recounting meeting people from all over the world out in west Texas. Explaining the divide between hobbyist and commercial collectors and how commercial collectors are shunned.

Lisa Willowman? is now talking. Explaining that her disability keeps her from many activities but that road herping allows her to get out and enjoy nature. Relating too the reps about how she used to be seriously afraid of snakes but now likes them.

Matt Wagner from P&W is now talking. He's recognizing us a "users" (in a good way LOL) and how Texas herps create considerable interest in Texas. Talking about breeder/collectors and that they are regulated and monitored.

Reading off list of folks there in support but not testifying. Stumbled on Andrew Price and realized he DOES want to testify.

Andrew Price (former Herpetologist for TPWD) is now talking. He's disputing the failed notion that road herping harms populations. Addressing Sinclairs comments about citizens complaints about herpers and asking if there is any such data -says he's never seen it. Addressing concerns about safety, says there are no records or knowledge of accidents. Offering to provide relevant scientific papers.

A rep asked about collecting. Andrew pointed out that in the past some WC alterna sold for over a thousand, but now CB snakes are the norm. -Wish he had mentioned the current going prices for alterna.

Reading off more names of folks supporting the bill. LOTS of names!

Toby Hibbits now speaking. Talking about roadside populations. Mentioned finding 50+ papers. Snake mortality very high along roads. Roadsides are population sinks that are not viable and are constantly restocked from wild areas. Points out scarcity of roads in prime herping areas such as SW Texas. Concludes that roadside collecting has little to no effect due to high mortality along the roads.

A rep asked about hunting licenses -Toby confirmed we must buy them. The rep liked this.

Same rep is asking if this exception (for road herping) wont lead to future requests for exceptions on other hunting.

Same rep now asking Toby about safety on the road. Toby explains that herpers avoid roads with traffic.

-Player cut out -DAMN

Back on just in time for Jeff Barringer (Kingsnake.com honcho). Talking about how he built his HUGE website starting from a single Alterna website and his own experiences in roadside herping. Talking about wanting to take his kids out herping the roads. Pointed out that a bank in Sanderson was one of the first banks to fail in our current financial crises.

A rep is expressing concern about taking kids out on the interstate. Jeff's explaining that it's not really an issue and saying other groups are taking kids out for trash collection and such. Wish he'd talked about how desolate these roads are -others mentioned it previously.

Travis Laduc(?) is now talking about the importance of road and roadside herping to museum collections and determining range and habits of species. Talking about how roads and ROW were virtually the only legal areas to collect. Talking about how private submissions from hobbyist to museums are critical to building and maintaining useful collections. Giving some cred to "citizen scientists". Pointing out that he has a scientific collecting permit but that he believes EVERYONE should have the right to observe, collect, and contribute.

Jessica Briggs (teenager) is now talking about how much she enjoys herping with her dad but wasn't able to go last year. Teasing her dad that he hasn't caught an alterna since she was born but she has. Perhaps the most compelling testimony so far IMO. Simple, emotional, compelling, and easy for non-herpers to relate to.

More names of folks there is support -LOTS more names.

Only ONE name of someone AGAINST the bill, but not testifying (Susan Hendricks -Texas Humane Legislation Network).

A rep is asking if TPWD will be granted the rule making authority -they will.

Michael Price is now talking about herping with his kids. Address lack of safety issues compared to other activities. Talking about how much safer it is to walk cuts than walking mountains and mesas.

Major Sinclair testifying again. Says TPWD does not have relevant rule making authority and suggesting that be addressed in this or some future legislation. Says he and TPWD is willing to work with herpers.

Toby Hibbits is back up to address safety and road use. Says birders do the same things -just don't try to catch the birds.

Rep King closing discussion and reviewing history. No prior safety issues. Rule making authority would be fine, but not needed. Points out that Islett accepted an amendment to allow herps and it was passed but that the amendment was later stripped out (wish he'd have detailed that tidbit). Says collection and sale already regulated. Ask for committee approval. Adds he's open to suggestions from the committee.

Bill left pending -I think this is standard -gives the members a chance to review it further prior to a vote.

My impression is that this hearing went VERY WELL. Kudos to all those herpers that made it to Austin to stand up for all of us!

USARK Mar 10, 2009 05:00 PM

Awesome y'all!!! sounds promising.... we need to find out when next committee hearing will be scheduled.... and between now and then flood the committee members with calls to support HB1500.

Andrew

Eby Mar 10, 2009 05:37 PM

>>we need to find out when next committee hearing will be scheduled....

Nothing has been scheduled yet. Many of us will be watching for the notice.

Perhaps a "Thank You" note to each of the committee members would be a good idea. They seemed to be very open and attentive, despite the fact that discussion on this bill took much more time than they expected.

Did anyone catch the name of the one female rep that expressed safety concerns about herpers taking their kids out on the interstates? Perhaps a few well thought out notes or calls to her would alleviate her concerns.

antelope Mar 10, 2009 09:22 PM

That was Kristy Thibaut, she was also teased by Edmund Kuempal with a rubber rattlesnake. I would offer to Kristy that we need to show her exactly how far a rock cut normally is from the actual road. She was mainly concerned that an adult may not be able to keep track of more than one or two kids and is probably envisioning I-10 or some other such large highway.
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Todd Hughes

Chris_McMartin Mar 10, 2009 10:33 PM

I would offer to Kristy that we need to show her exactly how far a rock cut normally is from the actual road. She was mainly concerned that an adult may not be able to keep track of more than one or two kids and is probably envisioning I-10 or some other such large highway.

Without having watched the hearing (heard the hearing?), it sounds like, from the comments posted here, that the legislators are indeed thinking people are just strolling down the shoulders of I-10 (pedestrians on the interstate are already illegal, right?). Someone needs to go out to Val Verde County and get some footage of the cuts ASAP, and maybe find an early-emerging alterna for added benefit.
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Chris McMartin
www.mcmartinville.com
I'm Not a Herpetologist, but I Play One on the Internet

Eby Mar 10, 2009 10:46 PM

>>Without having watched the hearing (heard the hearing?), it sounds like, from the comments posted here, that the legislators are indeed thinking people are just strolling down the shoulders of I-10 (pedestrians on the interstate are already illegal, right?).

The remoteness of the cuts and other prime herping areas was explained two or three (maybe more) times, but it's hard for most people to appreciate just how remote. Maybe someone could find some traffic flow analysis showing how ten cars pass through all night long (eight herpers, one warden, and one border patrol).

troy h Mar 12, 2009 01:59 PM

its also already illegal to park (except in an emergency) along the right of way of a controlled-access highway without a frontage road. No one pointed that out (it was well after my testimony when it came up) but this is another example of "already covered by traffic code". Controlled access highways (interstates) also have "minimum speeds" in most cases, where regular highways don't.

Troy

Joe Forks Mar 10, 2009 07:25 PM

>>Awesome y'all!!! sounds promising.... we need to find out when next committee hearing will be scheduled.... and between now and then flood the committee members with calls to support HB1500.
>>
>>Andrew

One contact per person per rep please - At our Representatives request. At this stage all you need to do is register support or opposition. Anything else will be counter productive to the process.
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Herp Conservation Unlimited
Mexicana Group Directory
Photography by Joseph E. Forks

USARK Mar 11, 2009 08:02 PM

i agree joe... one response per person. i just think we have probably gotton just a percentage of potential response we could get. my experience is the majority of people it is difficult to get to respond even once... you must appeal to them several times. maybe we now have to to generate a larger response.
AW

Eby Mar 10, 2009 06:47 PM

Here is the link to the archived video of the hearing:

www.house.state.tx.us/committees/broadcasts.php?session=81&committeeCode=430

You'll need to click on the 3/10 2:11pm-4:50 pm link to download it. It can then be watched using RealPlayer.

Discussion of HB 1500 starts at about 21:00 and ends at about 1:56:00. For comic relief, watch for the scene during Rep Tracy King's opening comments where one of the reps apparently spooks one of his fellow reps with a snucking fake (later identified as a Crotalus rubberus).

Chris_McMartin Mar 10, 2009 08:55 PM

>>You'll need to click on the 3/10 2:11pm-4:50 pm link to download it. It can then be watched using RealPlayer.

Can anyone convert this to Media Player, or even (shudder) QuickTime? I don't like what RealPlayer does to my computer.
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Chris McMartin
www.mcmartinville.com
I'm Not a Herpetologist, but I Play One on the Internet

dustyrhoads Mar 12, 2009 02:41 PM

Thanks, Daryl! And thanks to everyone who was there representing us!

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