Texas T's,+ residents + selling Ok? not OK?

T-chick

Arachnosquire
Old Timer
Joined
Feb 11, 2007
Messages
70
Okay there was a post here about how the Texas DNR or the like were fining or arresting people for picking up native species. To prevent them from "collecting" them..
part of that thread was you could be arrested even for stopping to pick one up to prevent it from being run over, because you could NOT prove you weren't going to collect it.

On another thread a person who lives in texas on a ranch was offering up for sale a few T's they had caught on the ranch.
I was interested in getting one or two. but then read the post about fines and arrests..
I forwarded that info to the person, not that I don't want to purchase the Ts. BUT to inform them, that they might not be able to sell them, or even collect them... So they wouldn't get into trouble.

Does any one have diffinative information on whether or not it is illegal or not for a resident to collect on private property and offer up for sale, inverts?
OR even verts...
Just wondering.:?
T-chick
 

ballpython2

Arachnoprince
Old Timer
Joined
Feb 28, 2007
Messages
1,671
Okay there was a post here about how the Texas DNR or the like were fining or arresting people for picking up native species. To prevent them from "collecting" them..
part of that thread was you could be arrested even for stopping to pick one up to prevent it from being run over, because you could NOT prove you weren't going to collect it.

On another thread a person who lives in texas on a ranch was offering up for sale a few T's they had caught on the ranch.
I was interested in getting one or two. but then read the post about fines and arrests..
I forwarded that info to the person, not that I don't want to purchase the Ts. BUT to inform them, that they might not be able to sell them, or even collect them... So they wouldn't get into trouble.

Does any one have diffinative information on whether or not it is illegal or not for a resident to collect on private property and offer up for sale, inverts?
OR even verts...
Just wondering.:?
T-chick

I dont live there but i think the law only permits fines /arrests on non -private property. so that guy should have a right to do whatever he wants on his own land.
 

Sheazy

Arachnoknight
Old Timer
Joined
Apr 19, 2007
Messages
155
I dont know for sure, but you may want to talk to Reclusa, he is in the pest control business and mentioned to me he rescues alot of native TX species. He would probably know about any fines or laws associated with collection, or purchase of them.

It would be interesting to find out. I have heard of lots of people rescuing, or wanted to get rid of T's after doing yard work. I almost had a lady bring me one to work that her husband found while mowing...she never did though.
 

TheDarkFinder

Arachnoangel
Old Timer
Joined
Dec 18, 2004
Messages
875
What you are reading about it s house bill 12. Which I have just browsed through. So, here is the idea.

Which limits the commercial sale and collecting of Wild animals from the road way. Wild animals do not include invertebrates, the original bill did but was removed later. The reason invertebrates was included was and I quote, there are alot more collecting by groups and organizations.
But you are worried about Title 31 part 2 chapter 65 subchapter 0

§65.327 said:
(a) Except as provided in this section or in §65.325 of this title (relating to Applicability), no person may, for the purpose of commercial activity, take, attempt to take, possess, import, export, or cause the export of nongame wildlife or possess more than 25 specimens of nongame wildlife unless that person possesses a valid nonngame permit or a valid dealer's nongame permit issued by the department.
.
.
.
(f) A nongame dealer may, through commercial activity, acquire nongame wildlife only from a person permitted under this subchapter or a lawful out of state source.
But as we see what Affected Species means...
http://info.sos.state.tx.us/fids/31_0065_0331-2.html
 

cacoseraph

ArachnoGod
Old Timer
Joined
Jan 5, 2005
Messages
8,328
in virtually all the US law stuff i have read inverts are not classified as "animals" or "game/non-game animals"

you always have to find the operative definitions when doing law stuff


oh! one thing to be aware of... specific (lol) species CAN have laws about them! an example is the red legged Shodros purseweb spider found in KY etc... is protected in all of it's habitat, thus illegal to pettrade it
 

cacoseraph

ArachnoGod
Old Timer
Joined
Jan 5, 2005
Messages
8,328
I dont live there but i think the law only permits fines /arrests on non -private property. so that guy should have a right to do whatever he wants on his own land.
negative. private property means less and less in the USA these days. protected species are illegal to harvest, even from your own property, as far as i have understood all the crap i have read. is annoying... and possibly not constitutional... but that's the way it is
 

WyvernsLair

Arachnobaron
Old Timer
Joined
Feb 25, 2007
Messages
458
What you are reading about it s house bill 12. Which I have just browsed through. So, here is the idea.

Which limits the commercial sale and collecting of Wild animals from the road way. Wild animals do not include invertebrates, the original bill did but was removed later. The reason invertebrates was included was and I quote, there are alot more collecting by groups and organizations.
The law enforcement people are trying their best (in a fit of revenge) to be allowed to authorize the enforcement of the new law to include ticketing people who are collecting invertebrates even though the definition of the wild animals was supposed to be only terrestrial vertebrates. The LE are peeved that the reptile people who road cruise are starting to tell the officers when they get pulled over that they were just "out looking for bugs" since the law was done to prevent them from road cruising for reptiles. They (LE) are not happy that the herper's found a loop hole of a sorts for the time being while they are lobbying to get the law fixed or revoked... the reptile people are down right upset because the original bill was shot down, but some legislator underhandedly (maybe even illegally) snuck it into another bill without anyone knowing until it was too late.
 

WyvernsLair

Arachnobaron
Old Timer
Joined
Feb 25, 2007
Messages
458
oh yeah... the law only applies to road hunting. The purpose was to more or less push people from being able to legally hunt herps on the saftey of the roads and into highly dangerous realms of private property. In all the time that people have been road hunting, no one has died to my knowledge from being hit by a car or causing any kind of saftey issue, but if people are pushed into hunting on private property (especially at night at night where you can't get help quickly if you should fall down a blind slide or run into smugglers or something) someone IS going to get seriously hurt or killed.
 
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