Iowa Garter Snake Code/Law/Rules

[guidofatherof5]

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
[IMG]file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image001.jpg[/IMG]	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		[IMG]file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image002.jpg[/IMG] [IMG]file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image003.jpg[/IMG] [IMG]file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image004.jpg[/IMG]
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.

[ConcinusMan]

They're only (state not federal) protected/endangered in Illinois, Indiana, and Ohio because those states are where the disjunct populations occur and those disjunct populations are the only ones threatened with extinction. Those populations were formerly designated a separate subspecies. The main continuous range of T. radix, and the species as a whole is in no danger of extinction or threatened. The states that protect them have disjunct populations that are endangered/declining. Protected/not protected, game/nongame isn't really the issue because garter snakes (any species) aren't specifically protected here, and they're non game as well but they're still not legal to keep because WA prohibits collection and keeping of all "native wildlife" anyway. Protected/not protected, game/nongame doesn't matter one bit. The only thing that matters is they're native wildlife. I no longer keep any snakes native to the state. My only garters are T. radix and T.s. parietalis which don't occur here.

In your case if it's not illegal to collect or keep nongame, native wildlife, THEN you look to see if they're specifically protected/threatened under state law and if they are, their status as game or nongame doesn't matter.

" I was unable to find any code that would prohibit someone from possessing a garter snake."


Yeah, but is there a law against keeping nongame wildife as pets? If so, they don't have to be specifically named, they would be covered under that. Also, just because it's legal for you to collect and have them doesn't mean it's legal for you to breed, buy/sell or ship out of state so you might want to look into that too.

The way I read the laws you quoted, Iowa reptiles period are protected UNLESS they specifically list them as not protected and in your case they are specifically listed as not protected. I'm sure that "garter snake" here

"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."

means any member of the genus "Thamnophis". If "garter snake" wasn't specifically listed there, they would be illegal to have under the law that protects all nongame reptiles here:

"Protected nongame species include wild fish, wild birds, wild bats, wild reptiles, and wild amphibians"

That right there tells me that it's illegal for you to have any native reptile other than "garter snake" but again, collecting and keeping is a totally separate matter from breeding , selling, or exporting them from the state. According to the Lacy act, simply shipping where an animal has to land or transverse a state where it's illegal to do so (for example if your shipped radix had to travel across a state where they are protected) you've still violated the lacy act. There are so many laws that can trip you up it's ridiculous.

[ConcinusMan]

Basically your state has banned collection and posession of all non-game wild fish, wild birds, wild bats, wild reptiles, and wild amphibians then specifically exempted garter snakes and others from that law. You're lucky. Still, even being exempted, other laws pertaining to selling or exporting Iowa wildlife or captive breeding could still apply. Many states that allow you to have them still outlaw buying/selling/trading and/or exporting them.

[guidofatherof5]

Basically your state has banned collection and posession of all non-game wild fish, wild birds, wild bats, wild reptiles, and wild amphibians then specifically exempted garter snakes and others from that law. You're lucky. Still, even being exempted, other laws pertaining to selling or exporting Iowa wildlife or captive breeding could still apply. Many states that allow you to have them still outlaw buying/selling/trading and/or exporting them.

If that were true(which I doubt) I saw no law/code/rule pertaining to it since they are afforded no protection. I'm sure there are laws/ codes and rules that apply to protected species but that is why they are protected.

[guidofatherof5]

They're only (state not federal) protected/endangered in Illinois, Indiana, and Ohio because those states are where the disjunct populations occur and those disjunct populations are the only ones threatened with extinction. Those populations were formerly designated a separate subspecies. The main continuous range of T. radix, and the species as a whole is in no danger of extinction or threatened. The states that protect them have disjunct populations that are endangered/declining. Protected/not protected, game/nongame isn't really the issue because garter snakes (any species) aren't specifically protected here, and they're non game as well but they're still not legal to keep because WA prohibits collection and keeping of all "native wildlife" anyway. Protected/not protected, game/nongame doesn't matter one bit. The only thing that matters is they're native wildlife. I no longer keep any snakes native to the state. My only garters are T. radix and T.s. parietalis which don't occur here.

In your case if it's not illegal to collect or keep nongame, native wildlife, THEN you look to see if they're specifically protected/threatened under state law and if they are, their status as game or nongame doesn't matter.

" I was unable to find any code that would prohibit someone from possessing a garter snake."


Yeah, but is there a law against keeping nongame wildife as pets? If so, they don't have to be specifically named, they would be covered under that. Also, just because it's legal for you to collect and have them doesn't mean it's legal for you to breed, buy/sell or ship out of state so you might want to look into that too.

The way I read the laws you quoted, Iowa reptiles period are protected UNLESS they specifically list them as not protected and in your case they are specifically listed as not protected. I'm sure that "garter snake" here

"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."

means any member of the genus "Thamnophis". If "garter snake" wasn't specifically listed there, they would be illegal to have under the law that protects all nongame reptiles here:

"Protected nongame species include wild fish, wild birds, wild bats, wild reptiles, and wild amphibians"

That right there tells me that it's illegal for you to have any native reptile other than "garter snake" but again, collecting and keeping is a totally separate matter from breeding , selling, or exporting them from the state. According to the Lacy act, simply shipping where an animal has to land or transverse a state where it's illegal to do so (for example if your shipped radix had to travel across a state where they are protected) you've still violated the lacy act. There are so many laws that can trip you up it's ridiculous.

and I'm sure you are wrong. The scientific name "Thamnophis" was never used. The words "garter snake" is used. Don't add things into the code. Garter snake is the common name so any Thamnophis with "garter snake" in its common name would be unprotected. This is why a ribbon snake would be protected as "garter snake" isn't in its common name.

[Jeff B]

Steve unfortunately I could have saved you all that effort. I did exactly all the same investigation that you did 6 years ago.

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
[IMG]file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image001.jpg[/IMG]	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		[IMG]file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image002.jpg[/IMG] [IMG]file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image003.jpg[/IMG] [IMG]file:///C:\Users\Steve\AppData\Local\Temp\msohtmlclip1\01\ clip_image004.jpg[/IMG]
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.

[guidofatherof5]

At least we know the code is still current.

[ConcinusMan]

Oh jeez steve I already know all that. What I meant was they likely didn't mean "garter snake" to include any genus other than Thamnophis. I didn't mean it included all Thamnophis.

[guidofatherof5]

I knew you knew that.

[ConcinusMan]

I knew you knew I know that.