This is another unfortunate encounter with the authorities. The law was passed six months ago with no grandfather clause. Now four turtles that have been pets for four years, since hatchlings, are most likely going to end up back in the wild.
Despite the claims by the DEC that they'll be fine, I give them until the end of summer.
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Four turtles spell trouble
Busted for keeping critters
By Alexa James
Times Herald-Record
ajames@th-record.com
Gardiner - Tina Rodschat adopted some baby turtles a few years ago, four painted ones her sister saved from a dive-bombing bird in Montgomery. They were just hatchlings then, no bigger than Oreo cookies.
Bob, Bella, Spike and Angel are now the size of sandwiches. They paddle around their 40-gallon tank and plod across the living room of the Rodschats' home at the Modena Country Club in Gardiner.
"They're like my babies," said Rodschat, a stay-at-home mom of three. "They even respond to my voice."
But the "Mommy, can I keep it?" culture of adopting wild animals - even common species like frogs, salamanders and turtles - now carries serious consequences if you're caught by the state Department of Environmental Conservation.
"Most of those animals are illegal to possess," said DEC spokeswoman Wendy Rosenbach. "If it's in the wild, leave it in the wild."
Tina Rodschat learned the hard way when a DEC conservation officer charged her with four counts of possession of a protected species.
Roughly six months ago, the DEC introduced a new law, one that makes it illegal to take in any type of herpetofauna or "herp," which means amphibians and reptiles.
Rosenbach said there's no grandfathering of the law for those who already keep wild herps as pets.
So Rodschat's violation has been passed off to the Plattekill Town Court. If convicted, she could face fines of up to $1,000, or $250 per reptile.
And the turtles?
They'll be turned over to a licensed animal rehabilitator, and if they're healthy, the foursome will be on their own again.
"If I have to release them I will," said Rodschat, "but [The DEC] didn't even give me time to comply."
She said the trouble started when a disgruntled relative, angry that she wouldn't give him a turtle, called the DEC.
"I think it's wrong," she said. "I'm not breeding and selling. I've raised them for four years."
The DEC does occasionally make exemptions for live-in wildlife. Some animals, Rosenbach explained, can't be re-released because of injuries or stunted survival skills.
A baby bear could wind up in a zoo. A handicapped raptor could stay with a permitted owner and participate in conservation programs. But even if Rodschat took the animal rehabilitation test and passed, Rosenbach said she'd still, most likely, have to bid adieu to Bob, Bella, Spike and Angel.
Sounds cold, but the DEC insists the cold-blooded critters will be fine in their native land.
So what's next? Bans on bug hunting? Illegal ant farms? Endangered fireflies?
There's no law on the books yet, but you know the drill:
"I know it's tough," says Rosenbach, "but enjoy wildlife outside."
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