Randy,
In the following, I present a somewhat different perspective for consideration.
In general, I agree with your stance about abiding by existing laws but here I would suggest there are some caveats. As an example, I assume that like almost everyone else, you exceed the posted speed limit. Some municipalities have laws against jay walking. If you were in a city and knew they had such a law and observed a violation, would you report that individual to a police officer?
Well, you might counter that wildlife regulation are different and I would agree with you to a point. But there are wildlife regulations or the interpretation of such regulation by wildlife law enforcement that are every bit as trivial as jay walking or exceeding the posted speed limit by a few miles per hour. In Utah, it is illegal to even touch a controlled (listed) species without a valid permit (called Certificates of Registration or COR). I believe in Calif. it is technically illegal to stop at night to pick up a snake on a road unless you have a valid fishing license. Before I was even aware of such inane laws and the enforcement perspective that interprets such regulations in that manner, I have always stopped to remove a snake from a road in order to potentially save its life.
Up until this year, I have operated under a Calif. Scientific Collecting Permit. But such a permit was for specific species and thus every time I removed a gopher snake or rattlesnake form a highway or dirt road, I discovered (after the fact) that I was in violation of state regulations. I had equipment in my vehicle that is used to retain snakes and it is my understanding that if that is the case and you pick up a snake on the road, immediately you are in violation no matter what intent was involved.
Now admittedly, I have come to the above point of view from the information I have received from individuals living in Calif. and which I believe have a greater understanding of Calif. regulations than I do. If I am wrong, well, no one is perfect.
So that leads me to a second issue of which I have far greater understanding, the subject of population biology. To my knowledge, there are no published accounts in which the overall population of a species has been severely depleted by personal or sports take. You are correct about species taking a hit population wise due to shrinking habitat. But I hope you understand that situation essentially exist for all species, mammals, bird, herps, invertebrates, etc. and has no connection with collecting for recreational use.
You make the claim that "In many areas L. zonata has become rare and endangered as part of that local eco-system." I am not up on the literature dealing with zonata so perhaps you might cite where you obtained your information. I am not aware of any region in Calif. where zonata exists and where the regional populations are now known to be at risk. I know of no scientific publication that would support your claim but again, I could be in error.
And please do not cite as an example that such and such species or population is listed as 'Threatened by the Calif. Dept. of Fish and Game as such designation have very little credibility. The Southern Rubber Boa was originally listed as 'RARE' by the Calif. wildlife agency in 1971 and later changed to 'Threatened'. That action was taken on the basis of few locality records and anecdotal input from a panel of professionals. As such, the listing was not accomplished by acceptable scientific standards and thus was suspect right from the getgo. As it turns out, the SRB is likely to be the most numerically abundant species in the San Bernardino Mts. in its preferred habitat which ranges from about 5800 ft. and above. The same applies to a number of other state listed species not only in Calif. but here in Oregon and in other states as well. The listing of most species by state wildlife agencies has been accomplished without valid scientific processes. In more direct terms, species have been listed in various categories of concern based mostly or solely on what is appropriately termed as junk science.
If, as you mention, your priorities lie with conservation, then we are two of a kind in that regard. But such conservation concerns have to be legitimate and not make-believe as is the case with so many listed species by various state wildlife agencies. But to truly understand conservation, one needs to understand the basic principles that govern the populations of all species. This subject has been hashed over a number of time on this forum and elsewhere. Sorry you missed out on those episodes.
I will simply mention that before concerns are expressed about this or that species, you need to have some idea of 1) the numerical abundance of the species in question and 2) know something about the demand side of the equation. In this way, non-game species are exactly like game and fur bearing species. For example, the demand for the Rubber Boa is rather weak if you monitor the classified ads as I once did on Kingsnake. And with the species numbering in the millions in Calif., I haven't the foggiest idea why there is a bag and possession limit of two specimens in Calif. In Oregon, the species is not managed and one can collect as many as you like and without a license. It has been that way here in Oregon from day one and does anyone believe that the boa population in Oregon is suffering? The species surely numbers in the millions in this state as well.
Let me close with a couple of more thoughts. Besides Oregon, there are other states that due to the immense populations of various herp species and/or for which there is negligible (or no) demand, they see no reason to manage species not in need of being managed. In addition there are at least four states, Nevada, Texas, Louisiana, and Florida, that have commercial seasons on a wide variety of amphibians and reptiles and have been doing so for many decades. There have been some issues with over harvesting of turtles (Alligator Snapper comes and the Am. Alligator come to mind) where in each case, demand exceeded annual supply. And so in each state, they manage such species where demand can produce negative effects on some species of herps and that is the way it should be just as is done for commercial fish, fur bearers, and game fish, game birds, and game mammals.
And last, I urge that you obtain a reprint of the following article which I would make mandatory reading for all state wildlife biologists that have concerns about recreational collecting having a negative effect on species of snakes. "Rattlesnake commercialization: long-term trend issues ,and implications for conservation" by Dr. Lee A. Fitzgerald and Charles W. Painter. Wildlife Society Bulletin, 2000, 28(1): 235-253. Dr. Fitzgerald is a professor of Wildlife Science at Texas A & M University and Mr. Painter is employed by the New Mexico Dept. of Game and Fish.
Richard F. Hoyer
Posted by: rhallman at Mon Jul 4 18:20:52 2005 [ Report Abuse ] [ Email Message ]
I was relaying information that is an important part of the hobby. Laws are laws regardless of how accurately they represent actual native populations. The fact is this. In many areas L zonata has become rare and endangered as part of that local eco-system. Just because there are some areas where they are still plentiful does not mean the law is invalid. Habits are shrinking and populations are declining. I believe laws should be proactive and not reactive. I never implied you couldn't read. I simply provided factual information and cited my source. Laws become stricter and stricter because people choose to interpret or disregard them according to their own personal interests thus making overall enforcement difficult. I have no problem turning in people for legal violations and have done so on numerous occasions. Yes people have been busted because I dropped dime on them. I am an ethical herper who respects the laws, the purpose of the laws, and the long term consequences of not abiding by them. There is no logical reason for me to apologise if that bothers someone. There is no logical reason for me to apologize if that bothers someone. My priorities lie with conservation of both the animals and the hobby, not with the individual interests of a few.
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Randy
Firehouse Herps