I read on a previous thread that it is illegal to kill snakes (I assume in Tn). Never heard that before. Is it true? If it is, I would not be surprised due to all the crazy rules imposed on us today. For instance, I read it is illegal to kill woodpeckers in Tn. The article stated there is a $600 fine per bird that is killed. Anyone know if this is true?
Illegal to kill snakes?
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EricM
Well-known member
TWRA:
(c) Except as provided in regulations issued by the commission, it is unlawful for any person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife.
also:
70-4-102. Illegal taking, possession or destruction of wildlife -- Penalty for violations.
(a) It is unlawful for any person to hunt, kill, trap, ensnare, or destroy, or to attempt to hunt, kill, trap, ensnare, or destroy, or to have in such person's possession, any form of wildlife except subject to the restrictions and by the means and devices and at the time prescribed by this title.
(b) Any violations of the proclamations and rules and regulations proclaimed by the fish and wildlife commission are punishable as provided in this title, and the illegal taking or possession of each bird, animal or fish constitutes a separate offense.
(c) A violation of this section is a Class B misdemeanor.
(41) "Wildlife" means wild vertebrates, mollusks, crustaceans, and fish;
(c) Except as provided in regulations issued by the commission, it is unlawful for any person to take, attempt to take, possess, transport, export, process, sell or offer for sale or ship nongame wildlife.
also:
70-4-102. Illegal taking, possession or destruction of wildlife -- Penalty for violations.
(a) It is unlawful for any person to hunt, kill, trap, ensnare, or destroy, or to attempt to hunt, kill, trap, ensnare, or destroy, or to have in such person's possession, any form of wildlife except subject to the restrictions and by the means and devices and at the time prescribed by this title.
(b) Any violations of the proclamations and rules and regulations proclaimed by the fish and wildlife commission are punishable as provided in this title, and the illegal taking or possession of each bird, animal or fish constitutes a separate offense.
(c) A violation of this section is a Class B misdemeanor.
(41) "Wildlife" means wild vertebrates, mollusks, crustaceans, and fish;
bent rod
Well-known member
Species not protected by law
The following species are not protected by law because they are non-native invasive populations with potential to damage property, pose a human health risk, and have detrimental effects on native wildlife.</p><ul class="BulletedList">[*]House (English) Sparrow
European Starling
Rock Pigeon
Nutria
[/list]<h3>Species deemed destructive</h3>
The following species are deemed destructive to property and may pose a safety or health risk to people, livestock, and other native wildlife.</p><ul class="BulletedList">[*]Wild Hog[/list]
The following species are not protected by law because they are non-native invasive populations with potential to damage property, pose a human health risk, and have detrimental effects on native wildlife.</p><ul class="BulletedList">[*]House (English) Sparrow
European Starling
Rock Pigeon
Nutria
[/list]<h3>Species deemed destructive</h3>
The following species are deemed destructive to property and may pose a safety or health risk to people, livestock, and other native wildlife.</p><ul class="BulletedList">[*]Wild Hog[/list]
Buoy-Master
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</p>
Comments like that don't help things either.</p>
Fishheadspin
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Why kill snakes? i understand if there is a copperhead living under your porch but garter snakes black snakes, rat and corm snakes are natures #1 mouse trap. you see a black snake in your garage, you got much bigger problems than him being there. Let him stay there and do his job. He rids you of your problem then he will move on.
EricM
Well-known member
Under the TWRA definitions, I wonder where moles, rats and mice would legally fall? They are not listed in the exceptions and are vertebrates, and are not domesticated animals. Interesting.
rsimms
Well-known member
It's simple... if there is not a "hunting season" specifically spelled out in the hunting guide, it is technically illegal to kill it.
That said, game wardens are pretty smart, well-rounded individuals. They understand there are circumstances when killing poisonous snakes, rats, mice, etc. is perfectly reasonable to protect life & limb, or property. I assure you they don't want to take you before a judge only to be laughed out of court. That does damage to their own reputations and credibility with the Judge.
However, they're also smart enough to know, or figure out, when such acts are being done unnecessarily and maliciously, with the potential for harm to the resource. A case in point, people purposely hunting rattlesnakes for the specific intent of killing them and selling their hides for belts, hat bands, etc. for profit. In those cases, or other similar cases, they're going to take action.
Killing a rattlesnake or copperhead under your front porch... some game wardens might actually come and do it for you.
Contrary to popular belief, most game wardens I know will use common sense in their enforcement of the wildlife laws. emoGeezer (who used to be a game warden in my previous life)
That said, game wardens are pretty smart, well-rounded individuals. They understand there are circumstances when killing poisonous snakes, rats, mice, etc. is perfectly reasonable to protect life & limb, or property. I assure you they don't want to take you before a judge only to be laughed out of court. That does damage to their own reputations and credibility with the Judge.
However, they're also smart enough to know, or figure out, when such acts are being done unnecessarily and maliciously, with the potential for harm to the resource. A case in point, people purposely hunting rattlesnakes for the specific intent of killing them and selling their hides for belts, hat bands, etc. for profit. In those cases, or other similar cases, they're going to take action.
Killing a rattlesnake or copperhead under your front porch... some game wardens might actually come and do it for you.
Contrary to popular belief, most game wardens I know will use common sense in their enforcement of the wildlife laws. emoGeezer (who used to be a game warden in my previous life)
elwestb
Well-known member
Contrary to popular belief, most game wardens I know will use common sense in their enforcement of the wildlife laws. (who used to be a game warden in my previous life)
... the lack of common sense on the subject has become an epidemic of mass proportions!
... the lack of common sense on the subject has become an epidemic of mass proportions!
...and by that I hope you mean if you're driving in your pickup truck and you see a snake on the road, you avoid it rather than going out of your way to smash it. Are you in immediate danger? No. Is the snake going to vault up through the air, dive in your window and attack you? No.
Today I saw my first king snake of the year. Dead, run over on the shoulder of the road. Somebody had to swerve almost off the road to hit it. A king snake, for crying out loud, one of the snakes that routinely take down rattlesnakes for breakfast (but would probably rather have a nice chipmunk instead).
Threads like this make me dislike people more than I already do.
wildturkey
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Great grandpappy always said it taint illegal ifin you don't git caught.
EricM
Well-known member
Let's stay with the thread. The question was about if it was legal to kill snakes and woodpeckers, not a rehash of the previous "kill 'em/don't kill 'em" thread.
EricM, the law you quoted is so broad and vague it appears just about any living thing, that is non-human, is protected. A guy across the street has a wood sided house that sits near a heavily wooded track of land. Woodpeckers have done major damage to his house. If they, or any other varmit, were doing damage to my residence, I'd declare war on them. But, if they don't bother me, I don't bother them. My wife likes to feed the birds and squirrels. The food brings large swarms of birds that leave droppings on my truck. I had to convince her to stop the feeding in order to protect my truck. It took about four months before the birds realized the food was no longer available and went elsewhere.
I think the law should have exceptions permitting property owners the right to protect their property by what ever means is necessary. The fact that none exists, indicates the tree hugging slant of the legislature that enacted the law. They prefer protecting the life of a varmit over a property owner's right to rid himself of destructive animals, birds, rodents, etc. In that respect, the law is not just. It indicates where things are heading in this country. I am actually surprised they have not tried to stop us from catching and hurting those poor fish.
I think the law should have exceptions permitting property owners the right to protect their property by what ever means is necessary. The fact that none exists, indicates the tree hugging slant of the legislature that enacted the law. They prefer protecting the life of a varmit over a property owner's right to rid himself of destructive animals, birds, rodents, etc. In that respect, the law is not just. It indicates where things are heading in this country. I am actually surprised they have not tried to stop us from catching and hurting those poor fish.
jimwarden
Well-known member
Round 2
Gentlemen protect yourselves at all times. No hitting below the belt. Now touch gloves.
Ding!
Gentlemen protect yourselves at all times. No hitting below the belt. Now touch gloves.
Ding!
Liveliner
Well-known member
Liveliner
Well-known member
Georgia:
Despite the relatively low level of danger posed by venomous snakes many people consider their fear justification for killing snakes. In Georgia it is a misdemeanor punishable by up to a $1,000 fine and a year in jail to possess or kill many of nongame wildlife species, including non-venomous snakes (O.C.G.A. §27-1-28).
Southern hognose snake (Heterodon simus) 3
The southern hognose snake and eastern indigo snake have additional legal protection as imperiled species.
Source: Lavender, Rick. Georgia Department of Natural Resources, Accessed September 12, 2012. georgiawildlife.com
Keeping native non-venomous snakes as pets also is illegal without the proper permits (call the DNR Special Permits Office at 770-761-3044 for info on obtaining exhibition permits for educational purposes). Venomous snakes, although beneficial, are not protected since they may pose a threat to humans. Be sure you know which 6 of the 41 species of snakes in Georgia are venomous. If possible, simply leave venomous snakes alone; you don’t need to kill them just because it’s legal.
Source: May, Linda. GA Dept. of Natural Resources – Wildlife Resources Division, "Snakes of Georga." Accessed September 12, 2012. georgiawildlife.org (PDF)
Despite the relatively low level of danger posed by venomous snakes many people consider their fear justification for killing snakes. In Georgia it is a misdemeanor punishable by up to a $1,000 fine and a year in jail to possess or kill many of nongame wildlife species, including non-venomous snakes (O.C.G.A. §27-1-28).
Southern hognose snake (Heterodon simus) 3
The southern hognose snake and eastern indigo snake have additional legal protection as imperiled species.
Source: Lavender, Rick. Georgia Department of Natural Resources, Accessed September 12, 2012. georgiawildlife.com
Keeping native non-venomous snakes as pets also is illegal without the proper permits (call the DNR Special Permits Office at 770-761-3044 for info on obtaining exhibition permits for educational purposes). Venomous snakes, although beneficial, are not protected since they may pose a threat to humans. Be sure you know which 6 of the 41 species of snakes in Georgia are venomous. If possible, simply leave venomous snakes alone; you don’t need to kill them just because it’s legal.
Source: May, Linda. GA Dept. of Natural Resources – Wildlife Resources Division, "Snakes of Georga." Accessed September 12, 2012. georgiawildlife.org (PDF)
Liveliner
Well-known member
Tennessee:
In Tennessee, it is illegal to harm, kill, remove from the wild, or possess native snakes taken from the wild without the proper permits.
Please help the Tennessee Wildlife Resources Agency (TWRA) to protect our native snakes. Do not remove snakes from the wild or release snakes that have been captive into the wild.
Source: Tennessee Herpetological Society, "Snakes of Tennessee." tennsnakes.org
In Tennessee, it is illegal to harm, kill, remove from the wild, or possess native snakes taken from the wild without the proper permits.
Please help the Tennessee Wildlife Resources Agency (TWRA) to protect our native snakes. Do not remove snakes from the wild or release snakes that have been captive into the wild.
Source: Tennessee Herpetological Society, "Snakes of Tennessee." tennsnakes.org
Liveliner
Well-known member
Alabama:
According the website of the Alabama Department of Conservation and Natural Resources most snakes in Alabama are not covered under any regulation. However:
It shall be unlawful to take, capture, kill, or attempt to take, capture or kill, possess, sell, trade for anything of monetary value, or offer to sell or trade for anything of monetary value, the following nongame herp species (or any parts or reproductive products of such species) without a scientific collection permit or written permit from the Commissioner, Department of Conservation and Natural Resources, which shall specifically state what the permittee may do with regard to following species: (220-2-.96)
Eastern Indigo snake (Drymarchon couperi) 3
Black Pine Snake
Eastern Coachwhip Snake
Eastern Indigo Snake
Florida Pine Snake
Gulf Salt Marsh Snake
Southern Hognose Snake
From the Auburn’s School of Forestry and Wildlife Sciences:
“There is one Alabama snake on the endangered species list. The eastern indigo snake is the longest native snake in the United States and uses the burrows of gopher tortoises and armadillos to lay its eggs. It is punishable by law to capture or kill this animal. They are rare, so if you see one, you should notify a conservation officer or wildlife biologist at the Alabama Cooperative Extension or the Alabama Department of Conservation and Natural Resources.”
All of these protected species are non-venomous and harmless. Regardless, you are within your rights to defend yourself against any animal that is actually attacking you and potentially causing harm to you.
According the website of the Alabama Department of Conservation and Natural Resources most snakes in Alabama are not covered under any regulation. However:
It shall be unlawful to take, capture, kill, or attempt to take, capture or kill, possess, sell, trade for anything of monetary value, or offer to sell or trade for anything of monetary value, the following nongame herp species (or any parts or reproductive products of such species) without a scientific collection permit or written permit from the Commissioner, Department of Conservation and Natural Resources, which shall specifically state what the permittee may do with regard to following species: (220-2-.96)
Eastern Indigo snake (Drymarchon couperi) 3
Black Pine Snake
Eastern Coachwhip Snake
Eastern Indigo Snake
Florida Pine Snake
Gulf Salt Marsh Snake
Southern Hognose Snake
From the Auburn’s School of Forestry and Wildlife Sciences:
“There is one Alabama snake on the endangered species list. The eastern indigo snake is the longest native snake in the United States and uses the burrows of gopher tortoises and armadillos to lay its eggs. It is punishable by law to capture or kill this animal. They are rare, so if you see one, you should notify a conservation officer or wildlife biologist at the Alabama Cooperative Extension or the Alabama Department of Conservation and Natural Resources.”
All of these protected species are non-venomous and harmless. Regardless, you are within your rights to defend yourself against any animal that is actually attacking you and potentially causing harm to you.
Liveliner
Well-known member
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