hey Lou,
I'd certainly be interested in the revision. I wanted to take more time and reply to you about the idea. I just haven't been able to. I got dozens of unread messages stacked up from my cousin, articles he wants me to look at. he's a commentator for free market news. and I got like 80 unread messages from various newsgroups in my inbox! LOL too many things on my plate.
>quote< "I assume if your harboring wild caught HL's this is a violation of the reptile laws even if they are on your land?"
actually you bring up an interesting scenario that I had never considered. the parks & wildlife regs., and the statute law from the parks & wildlife code, state that it is a "violation" to do the following; "take", "possess", "transport", "sell", or "offer to sell", without getting the proper scientific or commercial propogation permit. it is also "prohibited" to "capture, trap, take, or kill, or attempt to capture, trap, take, or kill, endangered fish or wildlife."
as far as "harboring" HL's in the way you probably mean it, out of the above prohibited acts, "possession", "capture" and "trap" jumps out as the only real possible conflict. however, if you enclosure your land and certain wildlife just happens to be residing there, that is not necessarily being in "possession" of them. they are not inanimate objects, such as for example, a welding machine, that you might have stolen and placed on your property. such an item would not have moved on it's own and therefore, you would be presumed, "prima facia", "in possession" of it for criminal penal code "theft" purposes. that is why it is almost impossible to charge someone with stealing cattle in Texas, unless they actually cut fence and load them up for transport somewhere. cattle move about. sometimes bulls will break adjoining fences in order to get to cows on another person's property. sometimes people will open fences to let another person's cattle out of the original property and on to the second party's. if these cattle are not marked, they sometimes are hauled off to auction by the thief and sold. it is theft by every moral and ethical definition, but legally there is little that can be done if the livestock are not marked.
as far as the way "possession" is defined criminally in this instance, you would have to "transport" them from somewhere ( other than by their own movement ), or "take" them, ( yourself physically, or they could make the case that "take" means to "accept" from someone else )in order to come into "possession".
the tougher arguement is against "trap" and "capture". you would have to enclose the entire perimeter of your property as a whole, or, have a totally seperate and ligitimate reason for enclosing a smaller area, that just so happened to also contain HL habitat, in order to avoid the definition of "trap" and "capture". a small enclosed area that contained no other apparent reason for being enclosed, other than for the purposes of quartering off an obvious HL habitat, would certainly be seen as either "trapping" or "capturing" them. such a violation is a class C misdemeanor.
but, then again, you could just get the commercial propogation permit too from Texas Parks & Wildlife.
Mick
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"When tyranny and oppression come to this land, it will be in the guise of fighting a foreign foe."
James Madison