Quote Originally Posted by ConcinnusMan View Post
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.