ECOVIEWS

SOME STATES HAVE WEIRD WILDLIFE LAWS

by Whit Gibbons

In Georgia, by state law you cannot keep any native species of lizard or snake as a pet, with one exception--venomous ones are legal. You can keep a six-foot diamondback rattlesnake in your bedroom, but don't get caught with a garter snake.

In California, you cannot catch or keep a San Diego mountain kingsnake, an organgethroat whiptail lizard, or a western pond turtle. However, if you have a bulldozer, you are welcome to destroy as many as you like to build a shopping mall.

These are some of the state laws found in a new book, A Field Guide to Reptiles and the Law (1995, Serpent's Tale Natural History Book Distributors), by John P. Levell. The laws regulating the capture, possession, and overall treatment of reptiles and amphibians are given for all fifty states. This book will be a valuable reference source for anyone interested in knowing the rules governing these animals in their own state or comparing regulations among states. Surfing through the book for fascinating provisions in the laws is also fun.

For example, in Kansas you can possess up to five reptiles or amphibians if you have a hunting license. A list of fourteen permissible capture techniques is given. Although firearms are allowed, "fully automatic weapons" are not. Let's give that little leopard frog a fighting chance. But all is not lost in Kansas if you are feeling disarmed. Among the list of acceptable capture methods are deadfalls, crossbows, and poisonous gas. What on earth are they hunting in Kansas?

Hawaii has no native reptiles and amphibians, unless you count sea turtles and a sea snake. More than a dozen non-native lizard and frog species have become established on various islands, but no native ones exist. So, instead of listing species that you cannot harm or remove from the state, Hawaii lists hundreds of species that cannot be brought in.

For example, it is illegal to possess any snake in Hawaii. The only exception is that a zoo is permitted to have two of each nonvenomous species. But both must be males! No fun being a snake in Hawaii. The rule for Jackson's chamaeleons, an African lizard popular in the pet trade, is that they "may be possessed only on the islands of Hawaii, Maui, and Oahu." Also, it is illegal to transport your chamaeleon between islands.

Reptiles and amphibians have clearly been an afterthought among many state legislatures. And I am sure that some laws have been passed for a particular situation that was important to one lawmaker and inconsequential to others. Or sometimes laws are written in certain ways simply for convenience.

For example, Alaska has lots of hunting and fishing laws already in place, but only one native reptile. The garter snake, therefore, is classified as a game animal. All Alaskan amphibians, meanwhile, are by definition "fish," even when they live on land. To take a toad from Juneau to Fairbanks requires an Alaskan Fish Transport Permit. Not to be outdone in the mixing-up-your-vertebrates category, Louisiana law declares that no alligator skin may be sold without a Fur Buyer's License.

The book is an outstanding compilation of rules and regulations that reveals the level of conscientiousness of some states in attempting to protect their wildlife. Florida has strong native wildlife regulations for most species and lists over two dozen reptiles and amphibians with special protection. The influence of the late Archie Carr on attitudes about marine turtles is also evident. Florida has stringent regulations about artificial lighting on nesting beaches for sea turtles.

Florida laws also show concern for freshwater turtles, permitting possession of only one specimen of the alligator snapping turtle. In contrast, Louisiana has no upper limit on commercial taking of adults of this fast-vanishing species.

Laws change, and the book will need revision in a few months. Ironically, it may actually hasten change in the laws of some states, once people compare how different states protect their native wildlife. Perhaps citizens, known to politicians as voters, will encourage their state legislators to place a higher value on this component of their natural heritage.

"A Field Guide to Reptiles and the Law" can be obtained for $29.95 post-paid from the Serpent's Tale, 464 Second Street, Excelsior, MN 55331. Or you may call 612-470-5008.

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