FaunaClassifieds - View Single Post - acceptable business "special"?, unethical?, or semantics aside still illegal?
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Old 06-25-2005, 05:00 AM   #5
Jungle Gems
It is generally agreed upon...

...that one should "let sleeping dogs lie", but as the author of the aforementioned ad (antiquicated as it is) I feel compelled to write on my own behalf.

The first issue to get squared away is the notion that H. nasicus are "illegal" in Colorado. This could not be further from the truth. Colorado Fish and Wildlife states that specimens any species (of reptile) which are native to Colorado may be collected locally, however, one may not keep more than four individuals of the species nor are they allowed to sell the animal or its offspring (there is also a time-constraint placed on the tenure of the capture). The possession of animals which may be found native to Colorado but were captive-bred in other states (in my case the animals were produced in Florida) remains unaddressed by written law and there are a few high volume "herp specialty pet stores" around this area which still sell CB H. nasicus (completely unchallenged and unimpeded by the law).

Secondly, I worded my ad in the said manner due to the fact that we in the local Colorado herp community have faced scrutiny as of late due to the actions of Brook Berntson a couple of years ago (many of you may remember him... he was the individual who produced the Leucistic Western Hognose from a locally obtained Leucistic female). Since then, many of us have been weary of openly selling these animals and undergoing possible legal ramifications and/or confiscation of our animals should we not be able to prove that the animals were not wild-caught. When I stated that we "cannot sell Western Hognose in Colorado" my wording was, perhaps, lacking as I have come to realize that this statement was misunderstood (or miscommunicated). By no means did I mean "these snakes are illegal for me to sell so I'm going to skirt the law and claim I gave them to you". I simply wanted to avoid any potential hassle or the inconvenience of having to "prove myself", plain and simple. I realize now that I should have frankly stated my intentions in the ad rather than vaguely rewording them as I would have saved myself some grief (I had also observed others in Colorado using the same "disclaimer" for the sale of their Westerns and believed it to be tried and true). I made a bad judgment call with this notion and in the future I will definitely proofread my ads much more thoroughly and apply the perspective of others prior to posting (I absolutely see how this may have looked unscrupulous).

John, I understand your concern and I do not find you at fault for questioning my motives. I do wish you had come to me about this issue before posting (it's a good thing I'm a desperate insomniac and had nothing better to do than read through old threads), but you made your choice and what's done is done. I have the utmost respect for those who dare to question... it helps me become better at what I do and to look at issues from perspectives other than my own. I can assure you that I am not trying to navigate around the law and would never purposefully partake in practices which could potentially hurt the industry or my own reputation. Lesson learned for certain- "choose your words wisely."

Have a wonderful weekend.

Jennifer Webb
Jungle Gems Exotics
www.JungleGemsExotics.com