Endangered species act - RFI on states' laws

[Mike Quinn]

Texas Parks & Wildlife Code
http://tlo2.tlc.state.tx.us/statutes/pa/pa006800toc.html

The first three links are particularly germane:
     § 68.001. Definitions
     § 68.002. Endangered Species
     § 68.003. Statewide Extinction List

CHAPTER 68. ENDANGERED SPECIES

§ 68.001. Definitions

     In this chapter:

     (1) "Fish or wildlife" means any wild mammal, aquatic animal, wild
bird, amphibian, reptile, *mollusk*, or *crustacean*, or any part, product,
egg, or offspring, of any of these, dead or alive.

- - - - - - - - - - - - - - -

Here's a couple of links to the various other states' wildlife agencies.
Queries sent to these agencies about their collecting policies/Codes should
return the requested information.

http://www.wa.gov/wdfw/otherf&w.htm
http://www.state.sd.us/gfp/links.htm

There is no similar compilation of county links that I'm aware of. As there
are 254 counties in Texas alone, compiling such links would probably be out
of date before even 10% were found. (It's possible that each states' home
page has links to all their counties, but not to each county's insect
collecting policy!)

As for David Smith's original concern about collecting micro-leps, I'm not
aware of any micro-leps that are on any US state or US federal T&E lists.
Although there certainly are rare micros given their tremendous diversity, I
would be surprised if there were any officially listed anywhere.

As for Hank Brodkin's query about collecting on "Federal Wildlife
Preserves", as far as I know,  collecting of insects on USF&WS National
Wildlife Refuges anywhere is restricted to those with permits. A loose
analogy is that hunting and fishing on some F&WS refuges is legal if one has
purchased the current licenses.

As for collection within state parks, each state is different. While working
in Arizona a while back, I asked at the front gate of a state park if I
could collect some insects within and was told something to the effect of
'yes and be sure to collect as many mosquitoes as possible!'

Large proportions of many western US states are federal property that allow
activities such as large scale mining, clear cutting, military exercises
and/or cattle grazing. I'm not an authority, but suspect that public lands
that allow these activities also allow all forms of insect collecting (other
than the taking of T&E spp.).

Texas is not a state with large proportions of federal lands. The figure
most often cited is that Texas has 3% public property. (TX was set up to be
this way in 1845 when it joined the Union.) David Riskind, Program Director,
Natural Resources, phone/voice 512.389.4897 FAX 4495,
<david.riskind at tpwd.state.tx.us> is the contact person for information on
collecting on state lands in Texas.

There are _no_ US federally listed T&E _Lepidoptera_ species in Texas. Here
are the Texas and Federal lists of (non-lepidopteran) T&E invertebrate
species:

http://www.tpwd.state.tx.us/nature/endang/animals/invertebrates.htm

(The USF&WS web pages and email are all still not functioning.)

Finally, there are no restrictions whatsoever on the collecting of insects
on private property in Texas (except for federally lists spp.), other than
the necessity to get the land owner's permission. As in many western US
states, private property is generally considered to be sacrosanct. As a
Parks & Wildlife employee, I have to get explicit written permission to
collect any biological data (even sight data) on any private property that I
might visit. Violation of this rule is one of three ways that a TPW employee
can be instantly terminated. (The other two ways are being on a boat without
a life preserver and downloading porn.)

Hope this helps. Mike

-=-=-=-=-=-=-=-=-=-=-=-=-=-
Mike Quinn
Invertebrate Biologist
Wildlife Diversity Program
Texas Parks & Wildlife
mike.quinn at tpwd.state.tx.us



 
 ------------------------------------------------------------ 

   For subscription and related information about LEPS-L visit:

   http://www.peabody.yale.edu/other/lepsl