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 Post subject: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 27th, 2017, 7:18 am 
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Joined: June 8th, 2010, 11:13 pm
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Location: Greater Houston TX Area
Need some forum input on this one. Specifically, I need to know if it is written into your state's wildlife code somewhere that prohibits touching a reptile or amphibian on a roadway. I already know Texas does (since 2007), but to my knowledge this is the only state to ban this activity. Where possible, please provide a link to your state's specific section of wildlife code/regulations stating the restriction/prohibition--I can't use answers based on conversations with LE, etc.

Example: Texas bans road cruising in which you touch or pursue herps; link: http://www.statutes.legis.state.tx.us/D ... /PW.62.htm, specifically 62.0031 subsections (c) and (e).

Please read others' responses before answering, so we don't get a thread with 20 responses from Texans (which I've already answered)... :lol:

I ask because I'm trying to finish up the analysis of our SWCHR 2015 Reptile and Amphibian Public Opinion Survey,* and need the information in relation to a write-in response received.

Thank you!




*Yes, nearly two years after the survey ran...number-crunching has taken a long time since it's all done in what little spare time I have...


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 27th, 2017, 9:19 am 

Joined: March 18th, 2015, 7:06 pm
Posts: 34
I think road cruising is legal everywhere as long as you stay in your vehicle. In many states, including NJ, if traffic allows it's ok if you stop but do not pick up or interfere with the creature in any way. Many road cruisers are wildlife thieves.

In NJ exceptions to the do not touch rules are made for migrating amphibians, but only in specified areas at specific times, usually under supervision. Things like saving turtles in danger of being run over, while technically not permitted, are considered benign and overlooked by enforcement people. Usually.


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 27th, 2017, 10:26 am 
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Joined: June 8th, 2010, 11:13 pm
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Location: Greater Houston TX Area
ackee wrote:
I think road cruising is legal everywhere as long as you stay in your vehicle. In many states, including NJ, if traffic allows it's ok if you stop but do not pick up or interfere with the creature in any way. Many road cruisers are wildlife thieves.

In NJ exceptions to the do not touch rules are made for migrating amphibians, but only in specified areas at specific times, usually under supervision. Things like saving turtles in danger of being run over, while technically not permitted, are considered benign and overlooked by enforcement people. Usually.


I cannot use this information unless you have references to the applicable statutes. :?


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 29th, 2017, 8:33 am 
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Joined: June 11th, 2010, 5:01 am
Posts: 517
Location: Louisiana
Not prohibited in Louisiana

RS56.632-637
RS76.XV.100


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 29th, 2017, 1:06 pm 
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Joined: June 8th, 2010, 11:13 pm
Posts: 2399
Location: Greater Houston TX Area
Thank you, Jeff...only 48 states left! :lol:


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 30th, 2017, 6:08 am 
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Joined: June 7th, 2010, 8:23 am
Posts: 2162
Location: Unicoi, TN
in short.... no....
however.....

I understand, Chris, your topic is the herping specific laws on roads (such as Texas has.), so Tennessee doesn’t have any such specific laws, but, as in all states, herpers need to be mindful of any state motor vehicle laws.
Under Tennessee criminal traffic laws, you may be charged with reckless driving if there is probable cause to believe that you drive “in willful or wanton disregard for the safety of persons or property”, which occasionally zealous herpers might violate.


An Excerpt from our wildlife regs:
“1660-1-18-.01 GENERAL PROVISIONS GOVERNING POSSESISON OF LIVE WILDLIFE.”
“(3) No wildlife may be taken from the wild in Tennessee except as provided for by statute, proclamation, and/or rule.”
A visitor or resident who safely pulls off the road to photograph wildlife is generally not in violation. Picking the animal up without permit can be another issue!

Our wildlife agency has done a great job of taking their rules and regulations out of the mysterious dark closet that many DNR agencies traditionally keep them in:
https://www.tn.gov/twra/article/rules-regulations
http://share.tn.gov/sos/rules/1660/1660 ... 151022.pdf

On a secondary note, road cruising in the southern Appalachians can be very dangerous because many roads are twisty, with limited or no visibility around turns, and have no shoulders to speak of.


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 30th, 2017, 3:11 pm 

Joined: December 3rd, 2010, 12:06 pm
Posts: 1662
Hi Chris, interesting survey. TX is an interesting place. I mean, the stuff that is legal, versus the stuff that isn't.

UT - the answer is no, regarding the wildlife agency. Bill is 100% right concerning motor vehicle laws though, which is what most (like, ANY) LE personnel are going to be most mindful of because, well, people can and do get killed - or worse, cause others' deaths - doing dumb stuff on the road. Like - driving 30mph in a 65mph zone, and stopping in their tracks and hopping out of the car and walking around on the pavement, not looking up and around them. Ha ha, not so funny though. Cops in any uniform are going to give you hell for being an idiot on the road. Public safety is their mission.

I know you know that Chris, I just want to remind anyone who might read this. "Don't be an idiot, try to die old, not young. Also, don't kill anybody else, intentionally or otherwise."

Anyway, back to the answer to your question:
Quote:
R657-53-21. Prohibited Collection Methods.
(1) Amphibians and reptiles may not be collected using any method prohibited in this rule and the proclamations of the Wildlife Board except as provided by a certificate of registration or the Wildlife Board.
(a) Lethal methods of collection are prohibited except as provided in Subsections R657-53-27(6) and R657-53-28(6), (8),and (9).
(b) The destruction of habitats such as breaking apart of rocks, logs or other shelters in or under which amphibians or reptiles may be found is prohibited.
(c) The use of winches, auto jacks, hydraulic jacks, crowbars and pry bars are prohibited.
(d) The use of gasoline or other potentially toxic substance is prohibited.
(e) The use of firearms, airguns or explosives is prohibited.
(f) The use of electrical or mechanical devices, or smokers is prohibited except as provided in Subsection (2)(b).
(g) The use of traps including pit fall traps, can traps, or funnel traps is prohibited.
(h) The use of fykes, seines, weirs, or nets of any description are prohibited except as provided in Subsection (2)(b).
(2)(a) Any logs, rocks, or other objects turned over or moved must be replaced in their original position.
(b) Dip nets less than 24 inches in diameter, snake sticks, and lizard nooses may be used.


Source web page: https://wildlife.utah.gov/rules-regulations/979-r657-53--amphibian-and-reptile-collection-importation-transportation-and-possession.html

Good hunting


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 30th, 2017, 5:25 pm 
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Joined: June 8th, 2010, 11:13 pm
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Location: Greater Houston TX Area
Yes, sorry for not clarifying in my original post--I'm looking for wildlife-specific statutes pertaining to picking up an animal on the road (or demonstrable lack of such statutes). Completely understood about the standard motor vehicle regulations and other "rules of the road."

I keep thinking the report will be ready "any day now," but man, there's so much data, I keep finding new ways to slice and dice it... 8-)


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 31st, 2017, 6:40 am 

Joined: March 18th, 2015, 7:06 pm
Posts: 34
How do you classify states which forbid picking up or otherwise interfering with a wild animal anywhere, roads obviously included? NJ is one, and there are others. If 'do not touch' laws are general why would roads have to be specifically mentioned?


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 31st, 2017, 8:44 am 
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Joined: June 8th, 2010, 11:13 pm
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Location: Greater Houston TX Area
ackee wrote:
How do you classify states which forbid picking up or otherwise interfering with a wild animal anywhere, roads obviously included? NJ is one, and there are others. If 'do not touch' laws are general why would roads have to be specifically mentioned?


If your state has a general "no touch" statute for wildlife, I need a reference to the statute. If I can't get a comprehensive list by the time I finish the rest of the analysis (I estimate another 20-30 hours to go), I may just have to go with a sampling of statutes across the country.

Yes, I'm farming this work out to the herpin' cloud, because field herpers are generally more familiar with the laws in their respective states and know where to look for said laws, than an outsider like me looking in what they THINK is the right section of the regulations without knowing about other applicable sections (e.g., in some states, some herps are covered under hunting regulations; in others, they're in the fishing regulations).


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 31st, 2017, 8:48 am 
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Joined: June 7th, 2010, 9:22 am
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As far as I know, there is nothing in the state of NV that prohibits road cruising or touching non-protected wildlife.

Bart


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 31st, 2017, 9:50 am 

Joined: December 3rd, 2010, 12:06 pm
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Steve Stocking recently did an article for SWCHR comparing some herping regs for SW states (AZ, UT, NV, and...? CA? I forget). He may be able to recall or easily locate answers for a few states.

cheers


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 31st, 2017, 3:38 pm 
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Joined: July 12th, 2010, 2:29 pm
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Location: south-central Texas
As I am currently researching New Mexico's herping regulations for an article in the SWCHR Bulletin, I am pleased to announce that New Mexico specifically mentions collection from roadways as a legal "means of take." Obviously, as the other poster mentioned and as common sense would should dictate, applicable traffic laws remain in effect during such activities.


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: May 31st, 2017, 5:23 pm 
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Joined: June 8th, 2010, 11:13 pm
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Location: Greater Houston TX Area
Jimi wrote:
Steve Stocking recently did an article for SWCHR comparing some herping regs for SW states (AZ, UT, NV, and...? CA? I forget). He may be able to recall or easily locate answers for a few states.


He wrote our article for NV, third in our ongoing series addressing each state in the SWCHR region of primary interest.


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: June 1st, 2017, 4:05 pm 

Joined: December 3rd, 2010, 12:06 pm
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Quote:
He wrote our article for NV, third in our ongoing series addressing each state in the SWCHR region of primary interest.


Ah right. I may be mis-remembering an earlier conversation when the concept - "the what" - was being floated, but "the how" had not quite been finished. Or, I may just be mis-remembering! I think I reviewed a draft of Steve's that did include a multi-state comparison. Maybe it's just Miller time...yep, that is definitely it. A dehydrated brain is a stupid brain.

Tom - I'm happy than NM makes it an explicitly legal method of take. While not at all necessary in our US legal system (phew!!!) it does clarify things. I wonder, since it's an explicit method of take, would it thus broaden the scope of probable cause? Could you be searched, or asked for a license, if you were cruising but had no hook, tongs, buckets or bags?

cheers


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 Post subject: Re: QUESTION: Does Your State Ban Road Cruising?
PostPosted: June 2nd, 2017, 3:01 am 
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Jimi wrote:
I wonder, since it's an explicit method of take, would it thus broaden the scope of probable cause? Could you be searched, or asked for a license, if you were cruising but had no hook, tongs, buckets or bags?


You could be stopped for a number of things, by a number of different agencies. I've been stopped many more times by Border Patrol than game wardens when cruising, because statistically, someone driving slowly near the border at night is more likely to be making a pickup or dropoff of drugs or citizens of other countries than simply looking for neat animals.


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