McMartinVille--Reptiles

Texas Herping Policy

as it pertains to "Road Cruising"

The following exchange is a chronological presentation of emails between Roy Engeldorf of The Snake House (Sanderson TX), Major Steve Whiteaker of Texas Parks and Wildlife, Troy Hibbitts, TPWD representative of the Texas Herpetological Society and TPWD Wildlife Diversity Committee member, and David Sinclair, Chief of Law Enforcement for TPWD.  It deals with the common practice of "road cruising" for herps, and clarifies TPWD's policy on the practice. 

This exchange is significant in that it reflects an important distinction between "hunting from a vehicle on the road" and "road cruising for snakes."  It also talks about using headlights/spotlights to aid in finding snakes, another gray area in the current hunting regulations (it's not the same as spotlighting deer).  I think this is important and needs to be codified into the Texas (and other states) hunting regulations.  After all, the hunting regulations were laid out at a time when nobody could have imagined collecting snakes would be a hobby (or livelihood) for so many people.

I have copies of all these emails, courtesy of Troy (many thanks to him for his efforts in clarifying this new policy).  The material presented here does not include email addresses for any parties.  Where the screen name contains other information than the individual's name, or where only the email was listed in a "to," "from," or "cc" line, I substituted the appropriate name in brackets.  Original emails appended to replies are not included to save space (the original emails precede the replies anyway).

To:  [Roy Engeldorf]

Subject:  reptile collecting

Date:  Wed, 18 Aug 2004 15:43

Roy, in regards to our conservation [sic] earlier today, our new policy will be to allow reptile collectors, that are legally licensed, to pull off of the roadway and walk over to pick up a specimen from the roadway.  We will not consider this to be hunting from a vehicle.  Stopping in the road or driving in a manner that impedes traffic should be avoided because they violate the traffic code.  I hope this clarifies this issue for you.  Sincerely, Major Steve Whiteaker

From:  [Troy Hibbitts]

Date:  Mon, 23 Aug 2004 21:04

To:  [David Sinclair, Steve Whiteaker]

Mr. Sinclair/Mr. Whiteaker,

As I'm sure you are both aware, in previous years, the "road cruising" for snakes (driving slowly along a public roadway, pulling off the road to pick up a snake either spotted in the headlights or by use of a spotlight) has been considered "hunting from a motorized vehicle" and a violation of TPWD code - and, I might add, a bone of contention between TPWD and reptile enthusiasts.  However, recently I was given a copy of an email from Mr. Whiteaker to Roy Engeldorf of Sanderson, Texas, in which Mr. Whiteaker stated:

". . . our [TPWD's?] new policy will be to allow reptile collectors, that are legally licensed, to pull off of the roadway and walk over to pick up a specimen from the roadway.  We will not consider this to be hunting from a vehicle.  Stopping in the road or driving in a manner that impedes traffic should be avoided because they violate the traffic code . . ."

Please clarify for me if this is indeed TPWD's new interpretation of the "hunting from a motor vehicle" regulation.

Sincerely,

Troy Hibbitts

Texas Herpetological Society's TPWD Representative

TPWD Wildlife Diversity Committee

From:  Steve Whiteaker

Date:  Wed, 25 Aug 2004 08:57

To:  [Troy Hibbitts]

CC:  David Sinclair

As stated in my email to Roy Engeldorf, this is the way we will handle reptile collecting from the roadway.  This was a consensus reached between myself and the Austin headquarters staff in a meeting last week.  Sincerely, Major Steve Whiteaker

From:  [Troy Hibbitts]

Date:  Fri, 27 Aug 2004 23:47

To:  [David Sinclair]

CC:  [Steve Whiteaker]

Mr. Sinclair,

Please understand that I'm not trying to split hairs here, rather I'm trying to make sure that I've got all my facts straight before I let the contituents [sic] I represent know about any changes in TPWD interpretation.

That said, it seems to me like the document you sent in PDF format and the email communications from Major Whiteaker are contradictory.  In particular, the passage in the PDF file which states:

"Section 62.003 of the code specifically prohibits anyone from hunting any animal from a vehicle on a public road."

as does the passage which states:

"If a person is driving in an abnormal, unlawful, or erratic manner, which includes driving slow enough to create a safety hazard, stopping and starting on the pavement or roadbed, shining lights in ditches, or turning crossways in the roadway in order to spot snakes lying on the opposite ledges of the right of way, it not only constitutes probably [sic] cause to believe hunting from a vehicle on a public road is occuring [sic] . . ."

Whereas Major Whiteaker's emails have stated:

". . . our [TPWD's?] new policy will be to allow reptile collectors, that are legally licensed, to pull off of the roadway and walk over to pick up a specimen from the roadway.  We will not consider this to be hunting from a vehicle.  Stopping in the road or driving in a manner that impedes traffic should be avoided because they violate the traffic code . . ."

and that

"This was a consensus reached between myself and the Austin headquarters staff in a meeting last week."

In order to avoid any confusion, I would suggest that the PDF be amended in order to describe "road cruising" for snakes - driving safely down a rural roadway, spotting a snake in the headlights on the road way or by aid of a spotlight, parking safely off the road and getting out to collect the animal on foot by aid of hand held light - as not to be considered "hunting from a motorized vehicle on a public roadway."

Sincerely,

Troy Hibbitts

THS Representative to TPWD

From:  David Sinclair

Date:  Fri, 3 Sep 2004 12:18

To:  [Troy Hibbitts]

CC:  Steve Whiteaker

Mr. Hibbitts:

Hunt is defined as capture, trap, take, or kill, or the attempt to capture, trap, take, or kill.  If a person is not doing one of these from a vehicle on a public road, then no charges will be filed.  However, if a game warden observes a vehicle operating in a suspicious manner, then the game warden may establish probably cause to stop, investigate, and search the vehicle for illegal wildlife.

Thanks,

L. David Sinclair

Chief of Wildlife Enforcement

Texas Parks and Wildlife Department

4200 Smith School Road

Austin, Texas 78744

 

Office Phone (512)389-4854

Fax (512)389-8400

 

Operation Game Thief

Report Hunting and Fishing Violations

1-800-792-GAME (4263)

From:  [Troy Hibbitts]

Date:  Fri, 03 Sep 2004 23:28

To:  David Sinclair

CC:  [Steve Whiteaker]

Mr. Sinclair:

Mr. Whiteaker has stated that the new policy will be to allow reptile collectors "to pull of [sic] the roadway and walk over to pick up a specimen from the roadway."  Since reptile collectors must necessarily exit the vehicle in order to pick up a specimen from the roadway, am I correct in believing that the "hunt" portion of picking up the snake from the roadway, even if it was spotted from a vehicle, will not be considered "hunting from a vehicle?"

For example, tonight while driving home from the local high school football game, I saw a small snake in the road.  I turned around, pulled off the road, waited for traffic to clear, and walked out to investigate it.  While I did not pick up the animal (it was a dead juvenile diamondback rattlesnake), had I done so would this have been considered "hunting from a vehicle" or not?

Sincerely,

Troy Hibbitts

From:  David Sinclair

Date:  Tue, 7 Sep 2004 06:37

To:  [Troy Hibbitts]

Your example below [presented above in this format]  is not hunting from a vehicle on a public road.

Thanks,

L. David Sinclair

Chief of Wildlife Enforcement

Texas Parks and Wildlife Department

4200 Smith School Road

Austin, Texas 78744

 

Office Phone (512)389-4854

Fax (512)389-8400

 

Operation Game Thief

Report Hunting and Fishing Violations

1-800-792-GAME (4263)

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