guidofatherof5
05-09-2014, 12:25 PM
I bring this thread to you as a reassurance to anyone that has purchased Thamnophis radix - Plains Garter Snake from me in the past. In the last few days I was very disturbed to find a website and Iowa Herping Field Guide(just published book) listing T. radix as a protected species in Iowa. If this information were true it would effectively put me and other Iowa breeders of T. radix out of business and possible subject to legal troubles from the snakes we have sold. It would also end my keeping of these special snakes.
I first did some research in the Iowa Department of Natural Resources code section. I was unable to find any code that would prohibit someone from possessing a garter snake. I was able to find code that specifically list the "garter snake" as a non-game animal that isn't protected. I knew this in itself might not be enough so I contact the legal division of the Iowa D.N.R. They very quickly assured me that garter snakes are not protected in the State of Iowa. I requested a legal clarification to the codes I had found and the DNR responded with the following letter. I will also include copies of the code sections I found.
With this information I can gladly say the T. radix Ranch is still in business.
Steve,
Ed Tormey asked me to reply to your inquiry related to possession of garter snakes in Iowa as I have researched this topic previously. The short summary of Iowa law and rules is that garter snakes are not protected by state law, it is not illegal to possess one under state law, and a DNR permit is not required to possess one.
Now the longer version. The Iowa Administrative Code (571 IAC 76.1) includes “garter snakes” on a short list of unprotected non-game species. Therefore, “garter snakes” have no legal protection under state law. However there are some caveats you may wish to consider:
1. Iowa law does not define the term “garter snake.” As I’m sure you are aware, there are multiple species and subspecies of “garter snakes” in Iowa. The term “garter snake” would certainly include species with common names that include “garter snake” which in Iowa would include the Plains Garter Snake (Thamnophis radix) and Eastern (aka Common) Garter Snake (T. sirtalis). The term may or may not encompass the Western Ribbon Snake (T. proximus): it is in the genus Thamnophis and as such might be considered a “garter snake”; however its name does not include the term “garter snake.” and so it is unclear whether it is intended to be covered by this law or not.
2. If a person in Iowa possess a garter snake obtained outside of Iowa, it must have been acquired legally. Basically, just because Iowa law doesn’t require a permit to possess a garter snake, doesn’t provide a person cover for possessing a snake that was illegally obtained in another state.
3. There are two garter snakes listed under the federal Endangered Species Act. Possession of either would require a federal permit.
4. Counties and cities may pass laws that prohibit the possession of certain animals. For example, some jurisdictions have ordinances prohibiting the possession of constricting snakes or certain breeds of dogs. Possession of a garter snake may be legal under state law, yet illegal under a local ordinance.
Please let me know if you have any questions.
AARON BREES Attorney
file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image001.jpg
Iowa Department of Natural Resources
P 515.281.5965 | aaron.brees@dnr.iowa.gov
502 East 9th Street | Des Moines, IA 50319-0034
WWW.IOWADNR.GOV (http://WWW.IOWADNR.GOV)
file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image002.jpg (https://www.facebook.com/iowadnr)
file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image003.jpg (https://twitter.com/iowadnr)
file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image004.jpg (http://pinterest.com/iowadnr/)
Leading Iowans in Caring for Our Natural Resources.
481A.42 NONGAME PROTECTED -- EXCLUSION. Protected nongame species include wild fish, wild birds, wild bats, wild reptiles, and wild amphibians, an egg, a nest, a dead body or part of a dead body, and a product made from part of a body of a wild fish, wild bird, wild bat, wild reptile, or wild amphibian. However, nongame does not include game, fish that may be taken pursuant to regulations established under the Code or departmental rule, fur-bearing animals, turtles, or frogs, as defined in this chapter. The commission shall designate by rule those species of nongame which by their abundance or habits are declared a nuisance, and these species shall not be protected. Rules adopted shall include, but are not limited to, a provision that states that any bat, except for the Indiana bat, which is found within a building that is occupied by human beings is not a protected nongame species.
17
Iowa Administrative Code
-
Chapter 76
UNPROTECTED NONGAME
SEASONS, LIMITS, METHODS OF TAKE
Natural Resource Commission [571] IAC 7/11/01
TITLE VIII
[Prior to 12/31/86, Conservation Commission[290] Ch 16 571—76.1(481A) Species.
Certain species of nongame shall not be protected.
76.1(1)
Birds.
The European starling and the ho
use sparrow shall not be protected.
76.1(2)
Reptiles.
a.
Garter snake.
b.
Timber rattlesnake except in Allamakee, Appanoose, Clayton, Delaware, Des Moines,
Dubuque, Fayette, Henry, Jackson, Jones, Lee, Madison, Van Buren, and Winneshiek Counties but not including an area of 50 yards around houses actively occupied by human beings in those counties.
This rule is intended to implement Iowa Code sections 481A.38, 481A.39, and 481A.42.
I first did some research in the Iowa Department of Natural Resources code section. I was unable to find any code that would prohibit someone from possessing a garter snake. I was able to find code that specifically list the "garter snake" as a non-game animal that isn't protected. I knew this in itself might not be enough so I contact the legal division of the Iowa D.N.R. They very quickly assured me that garter snakes are not protected in the State of Iowa. I requested a legal clarification to the codes I had found and the DNR responded with the following letter. I will also include copies of the code sections I found.
With this information I can gladly say the T. radix Ranch is still in business.
Steve,
Ed Tormey asked me to reply to your inquiry related to possession of garter snakes in Iowa as I have researched this topic previously. The short summary of Iowa law and rules is that garter snakes are not protected by state law, it is not illegal to possess one under state law, and a DNR permit is not required to possess one.
Now the longer version. The Iowa Administrative Code (571 IAC 76.1) includes “garter snakes” on a short list of unprotected non-game species. Therefore, “garter snakes” have no legal protection under state law. However there are some caveats you may wish to consider:
1. Iowa law does not define the term “garter snake.” As I’m sure you are aware, there are multiple species and subspecies of “garter snakes” in Iowa. The term “garter snake” would certainly include species with common names that include “garter snake” which in Iowa would include the Plains Garter Snake (Thamnophis radix) and Eastern (aka Common) Garter Snake (T. sirtalis). The term may or may not encompass the Western Ribbon Snake (T. proximus): it is in the genus Thamnophis and as such might be considered a “garter snake”; however its name does not include the term “garter snake.” and so it is unclear whether it is intended to be covered by this law or not.
2. If a person in Iowa possess a garter snake obtained outside of Iowa, it must have been acquired legally. Basically, just because Iowa law doesn’t require a permit to possess a garter snake, doesn’t provide a person cover for possessing a snake that was illegally obtained in another state.
3. There are two garter snakes listed under the federal Endangered Species Act. Possession of either would require a federal permit.
4. Counties and cities may pass laws that prohibit the possession of certain animals. For example, some jurisdictions have ordinances prohibiting the possession of constricting snakes or certain breeds of dogs. Possession of a garter snake may be legal under state law, yet illegal under a local ordinance.
Please let me know if you have any questions.
AARON BREES Attorney
file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image001.jpg
Iowa Department of Natural Resources
P 515.281.5965 | aaron.brees@dnr.iowa.gov
502 East 9th Street | Des Moines, IA 50319-0034
WWW.IOWADNR.GOV (http://WWW.IOWADNR.GOV)
file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image002.jpg (https://www.facebook.com/iowadnr)
file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image003.jpg (https://twitter.com/iowadnr)
file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image004.jpg (http://pinterest.com/iowadnr/)
Leading Iowans in Caring for Our Natural Resources.
481A.42 NONGAME PROTECTED -- EXCLUSION. Protected nongame species include wild fish, wild birds, wild bats, wild reptiles, and wild amphibians, an egg, a nest, a dead body or part of a dead body, and a product made from part of a body of a wild fish, wild bird, wild bat, wild reptile, or wild amphibian. However, nongame does not include game, fish that may be taken pursuant to regulations established under the Code or departmental rule, fur-bearing animals, turtles, or frogs, as defined in this chapter. The commission shall designate by rule those species of nongame which by their abundance or habits are declared a nuisance, and these species shall not be protected. Rules adopted shall include, but are not limited to, a provision that states that any bat, except for the Indiana bat, which is found within a building that is occupied by human beings is not a protected nongame species.
17
Iowa Administrative Code
-
Chapter 76
UNPROTECTED NONGAME
SEASONS, LIMITS, METHODS OF TAKE
Natural Resource Commission [571] IAC 7/11/01
TITLE VIII
[Prior to 12/31/86, Conservation Commission[290] Ch 16 571—76.1(481A) Species.
Certain species of nongame shall not be protected.
76.1(1)
Birds.
The European starling and the ho
use sparrow shall not be protected.
76.1(2)
Reptiles.
a.
Garter snake.
b.
Timber rattlesnake except in Allamakee, Appanoose, Clayton, Delaware, Des Moines,
Dubuque, Fayette, Henry, Jackson, Jones, Lee, Madison, Van Buren, and Winneshiek Counties but not including an area of 50 yards around houses actively occupied by human beings in those counties.
This rule is intended to implement Iowa Code sections 481A.38, 481A.39, and 481A.42.