Ethical and legal issues
Field herpers encompass a wide ethical spectrum, ranging from behavioural observation without approaching the animal to “feeder” animal collection for existing herpetoculture. The majority of herpers practice careful capture and release in the same spot, as many herps have their own territories and replacing them somewhere else would be a disturbance.[18] As wilderness areas shrink, herpers are concentrated into smaller areas, and commercial collectors often encounter field biologists which may have quite different approaches to their study animals. Many species are also threatened or endangered and thus it is illegal to take them from the wild.[19] Another consideration is spreading of diseases, such as the fungus Batrachochytrium dendrobatidis responsible for a worldwide decline in amphibian populations, which may be spread inadvertently by humans.[20]
Since many herps are nocturnal, herpers often remove animals temporarily for daylight photo sessions. The animals are then replaced exactly where found.[21] There is no “herpers code” and ethical considerations are left to the individual. From time to time, albino and other unusually coloured animals are encountered and these are sometimes kept for herpetoculture. The ethical justification in these cases is that conspicuous animals would be easy prey in the wild. Although true in the case of albino or other light-coloured animals, this is not true, for example, when normally barred individuals are born with striped patterns. In this case the motive is usually commercial, with the collector planning to develop a striped bloodline and charge high prices for an exclusive morph.
There are many different laws in place that affect herpers. Laws vary by country and state and are designed to protect the wildlife and habitats. In most states, a hunting license is required to collect reptiles and amphibians. Some states are more strict than others in terms of herping-related legislature. In Texas, for example, it is illegal to collect herps on public land, and thus the “road cruising” strategy described above is illegal. Herpers should be careful to obey all laws in areas that they hunt. Lawbreaking herpers risk fines or even legal prosecution