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Possible rules Change from Pa F&B Com.

Ace Apr 16, 2005 04:20 PM

I was just made aware that the Pa. Fish and Boat Commission is looking at changing some of the regs on native herps. These proposed changes can be seen at sites.state.pa.us/PA_Exec/Fish_Boat/mpag1.htm
Click on the "agendas/minutes" link on the left, then on "agenda" inder April 25-26. It's in PDF format so you will need an Adobe acrobat to read it. The part on native herps starts on page 16 of the PDF file.
Much of it seems OK in the course of preservation, but there are parts that to me are a bit restrictive. Primarily this.....

"Section 77.8. This proposed section makes it illegal to transport or import into or within
this Commonwealth a native species, as defined in this chapter, from another jurisdiction.
It also makes it unlawful to receive a native species that was transported or imported into
or within this Commonwealth from another jurisdiction."

As of now you are allowed to purchase a species native to Pa. from out of state as long as you have a reciept of sale from where it came. This would eliminate anyone from purchasing even pattern morphs of these species that were obviously captive bred, since I've been told by them that they don't differentiate pattern morphs from wild types. (ie- a Black Rat is a Black Rat even if it's leucistic).

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Ace

Replies (14)

Thamnophile Apr 18, 2005 10:32 AM

Not only do they not make allowances for color morphs - they don't make allowances for *subspecies* either - so guess what, under this proposal:

ALL Elaphe obsoleta or Pantherophis alleganiensis would be affected - not just color morphs of black rats, but yellows, everglades, etc. etc.

ALL milk snakes Lampropeltis triangulatum would be affeted - not just the eastern milk

ALL subspecies of Thamnophis sirtalis would be affected, such as Oregon red-spotteds (T. s. concinnus), and red-sideds (T. s. parietalis).......

ALL subspecies of box turtle (Terrapene carolina ssp.)

There may be others as well, but these were the species involved that have subspecies that are common within the hobby.

F&B specifically say they are proposing these rules to remove the "profit motive" of captive breeders.

But captive breeding is the one sure thing that people can do to relieve collection or other pressures on wild populations.......

I have created a yahoo group specifically to discuss Animal Law concerns within PA, if you are a state resident, or are concerned about misinformed legislation/proposals, please join and let your voice be heard.

http://groups.yahoo.com/group/PAAnimalLaw/

Thanks,

Lisa McCune
Living Earth Environmental Education
@__/ __/ __ / __==< :>--

hikefish Apr 18, 2005 09:34 PM

Does it specifically say anything about subspecies or not? I didn't see anything in there.

Also this doesn't mean you won't be allowed to own one, the limit is going to be reduced to one.

There's way too many people that collect reptiles from PA and sell them anyway, even though it's illegal to do so.

These regulations have been a long time coming, and I support them 100%.

BRYAN139 Apr 19, 2005 08:41 AM

That's pretty bad. Even Jersey made exceptions. For example, you can only own a cornsnake with red eyes because cornsnakes are native to Jersey. But an albino is an unnatural mutation that would never survive in the wild. Therefore it's no threat to wild populations and the red eyes serve as proof it is not wild caught. It still kinda sucks but it's better than saying NO CORNSNAKES. PERIOD!

Thamnophile Apr 19, 2005 10:04 AM

That is exactly the point - the proposed laws have no exemptions for color morphs or subspecies. Nowhere does the proposed law mention either. And while herpetoculturists might interpret that to mean they aren't covered by the proposed changes - F&B very well might interpret just the opposite. And since they are the ones making the rules - their interpretation is the one that counts in a court of law - unless we can prove otherwise.

And since elsewhere in the law it specifically states that they are trying to remove the "profit motive" for captive breeders, one can only imagine that if they leave such things open to interpretation - when it comes time to charge someone with an "offense" as a "captive breeder" that they will interpret this to *their* advantage, and not *ours*.

As for people collecting PA native herps for resale - I can only say that I have no experience with anyone doing this, and I would ask for proof that this occurs in an organized way. Not that I don't think that it could occur, or that I don't believe you, but it's simply a case where the arrest records, etc. would provide info about the extent of the problem. Frankly, there are few Pennsylvania native species that have any commercial value at all, for the herp community. And those that do, namely box, wood, and bog turtles already have laws in place.

In fact, all herps in PA, already have collection laws in place - if these laws are being ignored, and collection for sale is taking place, then enacting more laws will do nothing to stop what is already criminal activity. So nothing is "a long time in coming" - the laws regulating herp collection have been in place for years! Adding new laws will achieve nothing.

All it will do is serve to limit legitimate captive breeders, and limit field collecting, which I'd be willing to bet is engaged in mostly by young kids and educators.

The parts of the proposal regarding rattlesnakes, and harvesting herps for food, etc. (shooting frogs, etc.) I have no problem with, in fact as far as rattlesnakes go - I would have no problem with full protection for all timbers, and prohibiting rattlesnake roundups............but that's another story.

My main complaint with the conservation portions of the proposal are in regard to imposing no collection bans on species which F&B completely admits to having *no* population data on. They are proposing to enact these bans, because they *think* there *might* be some sort of decline.

It's my opinion that we should not enact laws based on what a small commitee *thinks* or *believes* or because of "might bes". We should base laws on facts.

All I am saying is that they should do the research on these populations to see if there really is a decline before passing laws. Show the evidence.

I am all for wild herp conservation. I will personally help out as much as I can. Also, often there is just no need for people to wild collect herps. For the most part, I think field collecting should be limited to something like bird watching - find the animal, be allowed to pick it up and examine it, but only take photos, and let the animal go.

I think science teachers, and environmental education teachers should be allowed to collect 1 or 2 animals to keep for classes.

But - I also don't think that there should be anything wrong with a person, dedicated to some of Pennsylvania's more obscure herps, say collecting a pair of Dekay's snakes, or northern ringneck snakes, and captive breeding them. Animal's like that have no huge "value" to the herp hobby, but there are people who would find caring for captive bred offspring of those species interesting and rewarding. A "hobbyist" of that type would never - and would never seek to - "profit" monetarily from such an endeavor. Sometimes "profits" are simply in the caring for, and enjoyment of interacting with these animals.

Ace Apr 19, 2005 03:20 PM

>>Does it specifically say anything about subspecies or not? I >>didn't see anything in there

If you go to the 2nd page that I list above, go to the "Exhibits" F- Admendments to Chapter 77, it has the proposal itself. In there they have this defintion......

"(7) Native species – A reptile or amphibian species that has not been introduced into the
Commonwealth and occurs historically within the boundaries of Pennsylvania. The Commission will from time to time publish in the Pennsylvania Bulletin a list of reptile and amphibian species
that it has determined are native species."

The problem with this defintion is it says SPECIES and not subspecie. By doing this they include ALL subspecies in any specie group. For example, Eastern Kingsnakes are historically native to Pa. They are from the getula specie of Lampropeltis. So by this defintion, ANY getula (whether native of not) would be included, because there is a historically native getula.

Also, if you go to the same Exihibits portion and check their list of "Pa Native Reptiles and Amphibians", you will see that they only list down to the specie level. For the above example they list "Common Kingsnake - Lampropeltis getula" as a native specie. Thus including ALL subspecies of getula.
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Ace

Jolliff Apr 19, 2005 06:44 PM

No Cal. Kings in KY but they are included as animals that require a permit. Seems like they aren't even going the permit route in PA - just an all out ban.

bradsreptilia Apr 20, 2005 05:27 PM

As a breeder one snake is really of no use!!!

Katrina Apr 21, 2005 03:49 PM

Maryland has captive breeding permits, and they seem to work just fine in MD - the only animals that are having poaching problems are the ones that are legally difficult to breed in the state!

Katrina

Jolliff Apr 19, 2005 12:23 AM

seems as if there was no resistence there. C'mon people....this is absurd......since when are we the bad guys?? We are just as worried about the animals in the wild as they (F&W) are, thats why we breed them to prevent the need to collect. They got it figured out, I'm getting SUPER RICH breeding $15 normal Black Ratsnakes!!!!!!!!!!!!!!!!!!!!! Give me a break!!

MrAsmodius Apr 19, 2005 09:39 AM

I sent my email. I suggest you all either send an email or try to attend the meeting if possible. Seems like its time for a road trip.

Traci Apr 19, 2005 01:37 PM

If the law is changed and I want to keep an Eastern Milk Snake, for example...I would then have to go out and collect a wild one. (because it would be illegal for me to buy a captive bred one from out of state and have it shipped here) How does that help the wild population?

MrAsmodius Apr 19, 2005 05:00 PM

Fish and Boat commision :
Executive Office HARRISBURG, PA 17101
717-705-7801

Time to start giving them some verbal communication.

MrAsmodius Apr 19, 2005 05:12 PM

http://www.archdiocese-phl.org/opaweb/legisdir2004/PAsenate.htm

Here is a list of senators we can bug too.

MrAsmodius Apr 19, 2005 05:17 PM

Bruce Smith : House of Representatives : 717-783-8783

Walter J. Conti : Senate : 717-787-7305

Sorry for multiple posts, just keep getting information sporatically.

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