Regulations on Arizona Wildlife
In Arizona, the regulation of wildlife falls under the jurisdiction of the Arizona Game and Fish Commission, which operates in cooperation with the U.S. Department of Agriculture, through the United States Forest Service and the Bureau of Land Management. At the state level, these departments and agencies work in concert to protect and conserve Arizona’s native flora and fauna, many of which are listed as endangered, threatened, or of special concern.
Rattlesnakes, like all native reptiles, amphibians, insects, birds, and mammals found in the state, are considered wildlife, and therefore are protected under Article 2, Section 17(a) of the Arizona Constitution, which states that "the right of the people to hunt, fish and trap shall be forever secure to the citizens of this state and of the United States who lawfully use the wildlife resources of the state for recreational purposes."
There are two primary laws involved in the protection of native wildlife in Arizona. First, the Arizona Game and Fish Department Administrative Code, R.12-4-101 through -802, includes regulations on wildlife laws. For example, R.12-4-101 provides for possession limits on reptiles, amphibians, and all other invertebrates that are applicable to rattlesnakes, and R.12-4-201 does likewise for birds and mammals.
Second, Title 17. Game and Fish, Chapter 3. Wildlife Rules, Article 1. Reptiles and Amphibians at the Arizona Revised Statutes, Section 17-231 , prohibits the killing or injury of a rattlesnake without permit-this is commonly referred to as Arizona’s Rattlesnake Rule. However, "no person may take a rattlesnake unless the taking is incidental to … any other lawful activity." When a rattlesnake kills a rodent normally present in the wild, the intent is for that animal to be consumed by another species, and therefore it is customary for residents to not disturb the natural balance between native snakes and prey.
However, it should also be noted that there are exceptions to the Rattlesnake Rule. For instance, Arizona Game and Fish allows residents to kill a rattlesnake damaging or threatening their livestock or pets. Additionally, when a rattlesnake is not threatening to humans or their animals, it is neighboring snakes that will attack it, as their territory cannot accommodate the addition of another snake.
Therefore, the rationale behind preserving the status of rattlesnakes to the fullest extent allowed by law is that killing them often impedes the control of rodent populations. Among rattlesnakes found in Arizona, the most common are the black-tailed rattlesnake, the desert black-tailed rattlesnake, Arizona black rattlesnake, western small-eyed rattlesnake, Giant Gila monster, tiger rattlesnake, Great Basin rattlesnake, and the Mohave desert tortoise, all of which have been given special concern designations because of diminishing habitats and overdevelopment of rural residential living.
Legal Implications of Killing a Rattlesnake
Killing a rattlesnake is illegal under state law in Arizona. In fact, ARS 13-2929 makes it unlawful to use any gas, poison or chemical to kill or destroy a rattlesnake and illegal to "knowingly pick up or handle" a rattlesnake without a valid permit. However, homeowners are permitted to use reasonable force to remove a rattlesnake from their own property and to kill it immediately on site, provided that the manner in which the snake is killed does not create a public hazard or interfere with the rights of others.
This means that no permits are required for homeowners if they want to kill a snake that has identified itself by making an appearance around the exterior of their home. The condition that the removal not include manner which creates a public hazard might include punching a hole through one’s own wall in order to pull the snake out, while the condition that the snakes not be killed in a way that interferes with the rights of others prohibits using poison that might affect neighbor’s pets. However, the condition that the snake be killed immediately means that lethal and remote measures such as traps or shootings from the second story window are most certainly going to end up causing the above phenomena.
If not crossing too much into a philosophical discussion, there is little to indicate that rattlesnakes will be missed by more than two or three people upon their death. For many, their death may be considered a good thing (although this is not the tone prevailing on the Blog on Rattlesnakes). Given this, the law in Arizona seems fairly simple and straightforward.
What happens, however, when a third party encounters a rattlesnake in a location where it may be dangerous? Well, Arizona law is a bit ambiguous because it recognizes that there are situations where a rattlesnake may be hindering progress. The problem comes from language that explains that "any person who intends to destroy or remove any venomous reptile from any place or is presented with such a reptile…without regard to the ownership" is entitled to kill the snake using lethal gas, poison or a chemical substance, with a legal and practical caveat. This exception appears to conflict with the prohibition on using a means that creates a public hazard or interferes with other rights.
However, there is no exception or explanation anywhere in the law to explain what "presented with" means. The law would seem to require that the serpent appear to cause some threat before killing it would be legally permissible (one is inclined to think that appearing on the golf course while carrying a bag would be enough), but, even this is ambiguous given language that requires only a "place" to be present (which could mean the rattler could appear in the area while driving home).
Why Rattlesnakes Are Protected
Arizona has some of the most impressive varieties of rattlesnakes across the United States. We have rattlesnakes with black tails and rattles, rattlesnakes with bright yellow bodies and rattles, and tiny rattling rattlesnakes with a smooth body and half a rattle. There’s good reason for them all. They all have the same ecological benefits.
Rattlesnakes play a huge role in rattlesnake control as well as rodent control. They also play a large role in cleaning the desert of dead animals. When a prairie dog, rabbit or other small niching animal is kicked out, nature can’t be prevented from trying to clean up the mess. That’s where a rattlesnake comes in.
Conservation efforts are in place for rattlesnakes along with other snakes, including the Flat Tailed Horned Lizard, the Gila Monster and the Harris Hawk with a Desert Tortoise Management Plan. This plan prevents over-harvesting of snakes and IUCN Red List Change of Status to least concern. The intention is to prevent over selection so these species can breed and thrive.
What You Can Do Instead
Should you or someone you know encounter a rattlesnake in the Phoenix metropolitan area, there are several actions that can be taken to move the snake to a safer environment or otherwise protect the safety of those in the area. Since rattlesnakes pose no danger to people who do not intentionally try to touch them, relocation is the best method for ensuring the safety of other people and animals in the area. This is best done by trained professionals from a local wildlife sanctuary or rescue organization. The volunteer members of these organizations have the necessary skills and understanding of how to safely catch a rattlesnake and move it to another location. In addition, these professionals are experienced in identifying the locations in which rattlesnakes are most likely to be present, making it easier to contain the snake in a pillow case or bucket before transporting it to its new home. While an alternative to calling in professionals would be to attempt to catch the rattlesnake yourself, this method is not recommended as snakes can be unpredictable and may bite if frightened . Further, skilled rattlesnake catchers typically utilize the use of hooks to capture the snake and move it from the area without undue stress. Going in blind and trying to catch the snake by hand can be an extremely poor idea from a safety perspective. Another less drastic suggestion would be to contact the police so that they can try to capture and then relocate the snake. However, this method is less than optimal as police officers do not receive specialized training in handling snakes. Regardless of which method is used to relocate a rattlesnake, it is important to understand that relocating snakes is illegal in most states without appropriate permits or permission. However, most government agencies do not pursue charges against individuals who have removed the snake from their property; the concern is that your actions could be deemed as attempted murder of the snake if you allow it to stay on your property and it is killed by an animal or person in the area.
How to Report Rattlesnakes
If you spot a rattlesnake on or near your property, it is important to report the sighting to the relevant wildlife authority. In Arizona, local wildlife authorities, such as the Arizona Game and Fish Department, have procedures in place for reporting and handling rattlesnake sightings. You can usually report a sighting by calling the department or your county animal control center directly. In many areas, there is also the option to submit sightings online through a website or mobile app.
Rattlesnakes and other forms of dangerous wildlife may occasionally be spotted around homes and properties, even in more densely populated urban areas. It is vital for the public to report sightings of rattlesnakes to the Arizona Game and Fish Department so that local wildlife officials can keep track of where the snakes are located. This is especially the case if you notice the rattlesnake has entered your home or business.
In emergencies , you should call 911. The 911 operator will determine whether or not it is necessary to involve wildlife control or emergency services. You may also contact your local animal control center if a snake is on private property.
When reporting a rattlesnake sighting, try to be as thorough as possible. Describe the size, color and markings of the slithering reptile. Provide any available information on the time the snake was spotted, what areas it may have been traveling through and its current location. If the rattlesnake appears to be in immediate danger or up against a threat, it is important to utilize proper caution and notify your local emergency responders as soon as possible.
The Arizona Game and Fish Department periodically provides resources online to help you determine the best way to report a rattlesnake sighting. For example, the department will update its "Rattlesnake Information" page with specific contact numbers for each local area district when these numbers are available. If you are having difficulty locating the appropriate contact information, simply call the Arizona Game and Fish Department’s 600 telephone number, which is available 24/7 for emergencies.