REAL ESTATE TOPICS:  TO KILL A RATTLESNAKE

One of the questions that always comes up sometime during the home search from buyers relocating from elsewhere is, “Are there going to be any rattlesnakes on this property?”  Well, the best honest answer – no matter what part of the Tucson metropolitan area you are in, is either possibly, or probably.  Many types of snakes, including more than a dozen varieties of rattlesnakes inhabit this Sonoran desert.  And, frankly, it is a good thing they are here.  They all serve a very important role in the ecosystem by being an effective predator of a wide variety of animals, including some rather destructive rodents, which would soon be overpopulated without the snakes to keep things in balance.

Yes, hearing a rattler in your vicinity can be a bone chilling experience – but the vast majority of the time it does not result in a rattlesnake bite.  Very, very few bites occur to people that are minding their own business and respect the warning given by the snake.  Bitten people, for the most part, are stupid people who insist on messing with the snake.

A statement that can be heard rather frequently in all types of settings, being made by all types of people, is that killing rattlesnakes is against the law – and subject to a very stiff penalty.  Well, that statement, simply made is not necessarily true.  As with many things, the proper answer is, “It depends”.

To try to get the most definitive answer to this question, the following emails were exchanged between this writer and Arizona Game and Fish Department on this topic:

QUESTION

-----Original Message-----
From: johnh@brokersonlyrealty.net [mailto:johnh@brokersonlyrealty.net]
Sent: Tuesday, May 15, 2007 8:26 AM
To: Wildlife/Fish Management
Subject: rattlesnakes

As a REALTOR^® in Tucson, I always like to be correct about what I tell my clients that move to Arizona. I am under the impression that it is always illegal to kill a rattlesnake, but I am not able to find that in writing anywhere. Could you please provide authoritative references for just what the law is concerning rattlesnakes? Thank you.

RESPONSE

From: Send Comments [mailto:SendComments@azgfd.gov]
Sent: Thursday, May 17, 2007 10:43 AM
To: johnh@brokersonlyrealty.net
Subject: RE: rattlesnakes

Mr. Hale,

Thank you for your inquiry. Up to four rattlesnakes may be legally taken from the wild (alive or dead) with a valid Arizona Hunting license. For homeowners finding a rattlesnake on their property, the Department does not encourage home owners to kill rattlesnakes, or other snakes either. More information on rattlesnakes can be found in the following on-line brochure: (cut and paste address) http://tucsonherpsociety.org/LWVR.pdf  However, homeowners that feel threatened by a rattlesnake on their property are generally not prevented from killing the snake. In the Tucson area there are private companies that will remove rattlesnakes for a fee and in some rural areas (not all) fire departments sometimes remove snakes.

Also here is the web address for the current Reptile and Amphibian regulations. http://www.azgfd.gov/pdfs/h_f/regulations/2007-2008ReptileRegulations.pdf

******************************************************

Responsive Management Coordinator

Arizona Game and Fish Department, DOFP

2221 West Greenway Road

Phoenix, AZ  85023

****************************************************** 

FOLLOWUP QUESTION W/IMBEDDED RESPONSES

Responses are imbedded in your questions.

-----Original Message-----
From: John P. Hale [mailto:johnh@brokersonlyrealty.net]
Sent: Friday, May 18, 2007 9:18 AM
To: Send Comments
Subject: RE: rattlesnakes

Thank you for your response - the linked information was quite interesting and useful.  However, I am still left with some questions.

Please understand up front, that I am very much a supporter of the never kill a snake mentality.  I know it is best to just leave snakes alone or have them removed if necessary.  I am not interested in killing anything except termites and mosquitoes.  However, I often hear people remark that it is illegal to kill rattlesnakes in Arizona.  I would like to find out definitively that this statement is true.  I am not trying to gather information or support to do otherwise - I am only trying to get accurate and complete information about the act of killing snakes (rattlers or any other snakes) to pass along to my clients.  Your statement, "...generally not prevented from killing the snake" leaves some question in my mind.  Why the word "generally"?

Perhaps it will be easier if I am more specific with the questions.

These responses are per State Laws and Regulations. Municipalities, Counties and local political entities can have more stringent regulations. You will have to check with the local authorities for their laws, rules and regulations regarding your question. AGFD does not enforce local laws that vary from State laws.  Tribal entities establish their own laws for their sovereign lands, and AGFD does not enforce tribal laws.

1)  Is there anything illegal about a residential property owner killing any snake (but especially a rattlesnake) found on their property?

If the home owners are feeling threatened by a rattlesnake (or other snake) the home owners can kill rattlesnakes on their property (except for the twin spotted rattlesnake, the ridge-nosed rattlesnake, Mexican garter snake and narrow-headed garter snake - all of which are protected species - same thing holds true for Gila monsters (cannot be killed) even without a valid Arizona Hunting License. ARS 17-301.01A

If the homeowner is not feeling threatened, then the homeowner technically should be in possession of a valid Arizona Hunting license to kill the snake, but I don't know of anyone who could enforce that (all the homeowner would have to do is say they were feeling threatened and needed to protect themselves, their children, their pets, etc.

2)  Is there anything illegal about a commercial property owner killing any snake (but especially a rattlesnake) found on their property?

If the people at a commercial property are feeling threatened by a rattlesnake (or other snake) they can kill rattlesnakes on their property (except for the twin spotted rattlesnake, the ridge-nosed rattlesnake, Mexican garter snake and narrow-headed garter snake - all of which are protected species - same thing holds true for Gila monsters (cannot be killed) even without a valid Arizona Hunting License.  ARS 17-301.01A.

If the commercial property owners are not feeling threatened, then they technically should be in possession of a valid Arizona Hunting license to kill the snake, but again I don't know of anyone who could enforce that (all the property owner would have to do is say they were feeling threatened and needed to protect themselves, their customers, their employees, etc.

3)  Is it illegal to kill any snake (but especially a rattlesnake) at any time in any location?  (Just a random event - not hunting for meat or trophy)

This is why I included the reptile regulations in the earlier e-mail. Rattlesnakes, and other snakes (except the protected species described above and more are listed in the reptile regulations) have a legal hunting season, with a bag/possession limit. This means that it can be legal to kill snakes including rattlesnakes, if the laws governing such take are adhered to. 

It is NOT legal to kill snakes encountered during a random event - even if not "hunting for meat or trophy". Legally that is defined at "take" (laws, rules and orders are described in response to your question #4) and is still hunting (albeit maybe not hunting with a purpose). Also see ARS 17-102.

The limit on rattlesnakes is 4, but none of the protected species listed in the above responses may be taken. The limit is for snakes that are dead or alive. A valid Arizona Hunting license must be in possession of the individual collecting/killing the snakes. Snake collecting is a popular activity and licensing regulations are strictly enforced. Civil assessments can and have been made against violators of reptile laws, rules, regulations and orders.

4)  If any of the above acts are illegal, can you tell me specifically what law(s) is being broken?  Or, refer me to who may know definitively?

http://www.azgfd.gov/pdfs/h_f/regulations/2007-2008ReptileRegulations.pdf

Pages two through five of the amphibian and reptile regulations (address above, and in prior e-mail) describes the applicable Arizona Revised Statutes, and the Arizona Game and Fish Commission Rules laws/rules that are enforced.  Additionally page 8 describes the Arizona Game and Fish Commission Order 43 for Reptiles (as authorized by ARS 17-234) and these are also enforced, if broken.

Again local and tribal authorities may have laws that vary from the Department's laws, rules, regulations, and orders and you will need to check with those entities or their specific laws, rules or regulations regarding reptiles. 

******************************************************

Responsive Management Coordinator

Arizona Game and Fish Department, DOFP

2221 West Greenway Road

Phoenix, AZ  85023

****************************************************** 

So, there you have it, straight from the rattlesnake’s mouth – as it were.  Please don’t kill rattlesnakes or any other snakes.  They were here first and they need to stay here.

DISCLAIMER

John P. Hale is owner and Designated Broker of Touchstone Residential Realty, Inc., 2485 West Tom Watson Drive, Tucson, Arizona 85745.  He has been a residential real estate agent in the greater Tucson Metropolitan area since 2000.  In addition to being licensed as a Broker rather than a salesperson, John holds the following designations awarded by the National Association of REALTORS^®:  ABR – Accredited Buyer Representative, ASR – Accredited Seller Representative, CRS – Certified Residential Specialist, and GRI – Graduate Realtor Institute.  And, John is among the very few that have been named, MRE – Master of Real Estate by the Arizona Association of Real Estate.

Please note that this article was written by him to reflect the author’s opinion of good practice at the time of its’ writing for the general benefit of those considering sale or purchase of residential real estate, it is not intended as definitive legal advice and you should not act upon it as such without seeking independent legal counsel.  Frequent changes in the law and standards of practice may cause this information to become outdated and no longer applicable or even incorrect.