The Short Life & Times of a Twin-spotted

Dave Prival Rattlesnake Tucson, Arizona, USA. [email protected]

Two Very Bad Days indignities – having a cold metal stick probed into The bad luck all started on one of his two hemi-penises, being stretched out an otherwise idyllic after- along a tape measure, having a PIT tag injected noon in late May 2006. The under his skin, having his rattle painted blue and Gambel oak branches rus- aqua green, and finally being dropped into a Ziploc tled in the slight breeze, an bag and dangled from a scale. occasional cloud shaded the Soon after his abduction, though, he found him- talus slope, and tasty Mountain Spiny Lizards (Sceloporus self back in familiar surroundings. He could smell jarrovii) were visible on the rocks just a few feet away. the faint track he had left across the rocks hours Although he was only nine months old, the Twin-spotted before he horror began. The Gambel oak branches Rattlesnake (Crotalus pricei) was already almost a foot were still rustling, the clouds were still floating long, and he knew he had picked a great ambush site. His placidly across the sky, nearby lizards were chasing spots helped him become almost invisible among the small flies and caterpillars as if nothing was wrong. The boulders in the partial shade of the trees. It wouldn’t be only signs that anything out of the ordinary had long until one of those cocky lizards came traipsing within happened were the fading smell of the musk he had reach. released during his frantic escape attempt and the Suddenly, he felt the rocks vibrate underneath him. strange new bump on his right side. A few weeks This was no lizard! An awkward, yet terrifying biped went by without further unpleasantness. The (Homo sapiens) stumbled over the horizon into view. The weather had become hot and dry, so the twin-spot rattlesnake panicked. He rattled as he dove into the rocks, remained under the rocks more often than before. but didn’t get far before he felt the soft leather of a glove on his tail and watched his escape route recede beneath him. Over the next 20 minutes, he was subjected to numerous

INTERNATIONAL GAME WARDEN . SPRING 2008 . Page 9 To Trent Hammond, However, one day his Rattlesnake, Ridge-nosed Rattlesnakes, into the U.S. in hopes of a big payoff. Hank Molt seemed appetite got the better and Gila Monsters collected on the fam- Among these were several protected like just the guy to of him, and he moved up ily vacation to Arizona, the Hammonds iguanas from Fiji, which he sold to an- into an ambush posi- also had two other Banded Rock Rattle- other dealer, contrary to both Fijian and help him make a tion. Once again he felt snakes from the Huachuca Mountains, U.S. law. The sale of these iguanas quick profit from the rocks move under one Hopi Rattlesnake (Crotalus viridis (which are now listed as endangered) some illegally his scales, once again he nuntius; probably from Arizona), two resulted in a $10,000 fine and a sentence rattled and dove, and Mottled Rock Rattlesnakes (Crotalus of three years probation for Hank Molt. caught reptiles. once again he was cap- lepidus lepidus; from Sutton County, Molt has found himself at odds not only tured. This time, how- Texas), three Dusky Pygmy Rattle- with law enforcement but with his rep- ever, he was about to snakes (Sistrurus miliarus barbouri; tile-dealing cohorts. In 2006, he was embark on a cross-country trip. He was from the southeastern U.S.), two Mexi- accused by reptile dealer Tim Colston of never to see Mountain Spiny Lizards, can Lance-headed Rattlesnakes Oklahoma of stealing a Twin-spotted talus, or anything even remotely resem- (Crotalus polystictus), and two Baja Rattlesnake and two Ridge-nosed Rat- bling his home ever again. California Rattlesnakes (Crotalus enyo) tlesnakes (apparently a different set of in their collection at the time. snakes than the ones the Hammonds An Unwanted Vacation Everything was going great for the collected). Molt subsequently accused It was dark and cold inside the suit- Hammonds until Trent’s fiancé decided Colston of theft and spammed accusa- case. The Twin-spotted Rattlesnake she didn’t really want to share her fu- tions against this former business asso- could smell other reptiles nearby, the ture husband with a bunch of venomous ciate. But to Trent Hammond, Hank same smells he had become accustomed snakes. Wisely, Trent decided to acqui- Molt seemed like just the guy to help to during the previous few days at the esce to his fiancé’s demands and get rid him make a quick profit from some ille- Motel 6 in Benson. Perhaps due to the of his collection. Unwisely, he decided to gally caught reptiles. fact that the educational film “Snakes on accomplish this by getting in touch with Belton, South Carolina, is located a a Plane” was still two months from its Henry “Hank” Molt. few miles from Anderson, in the release date, the crack Transportation northwest part of the Security Administration team at Tucson International Airport managed to com- pletely overlook the bag full of rattle- snakes and Gila Monsters. Eventually the bag containing the Twin-spotted Rattlesnake, one Banded Rock Rattlesnake (Crotalus lepidus klauberi), two Ridge-nosed Rattle- snakes (Crotalus willardi), and three Gila Monsters (Heloderma suspectum) was opened in the home of the collectors – Jerry Hammond (age 52) and his state near the Savannah River. In addi- son Trent (age 22) – in tion to boasting a concrete water tower Guntersville, Alabama. Twin-spotted Rattlesnake (Crotalus pricei) that is one of the few of its type in the Guntersville is located in the Appala- retrieved following its poaching from the South and being the highest point be- chian foothills in the northeastern por- Chiricahua Mountains. Note its loose skin and tween Greenville and Columbia, South emaci-ated condition. Photo by Dave Prival. tion of the state and is famous for being Monster Carolina, Belton is home to 33 year old founded by John Gunter, Will Rogers’ transplanted Californian Adam Stew- great-grandfather. However, because art. In 2004, Adam Stewart decided to the Twin-spotted Rattlesnake had spent Three Costly Mistakes make some money off of his affinity for his whole short life in the Chiricahua Hank Molt (age 66) has been selling reptiles by selling them. He started a Mountains, the Ridge-nosed Rattle- snakes, lizards, turtles, and crocodilians business called Living Earth Reptiles, snakes and Banded Rock Rattlesnake for over forty years, starting out with a through which Stewart sells herps of all were only familiar with the Huachuca business called Philadelphia Reptile varieties, but particularly venomous Mountains, and the Gila Monsters were Exchange. A few cities and a conviction reptiles. Hank Molt and Stewart had accustomed to the desert just east of for illegal wildlife trafficking later, he done business together before, and nei- Tucson, it is doubtful that the reptiles settled in Anderson, South Carolina, ther were too concerned about little were appreciative of having the opportu- where he currently operates Global technicalities such as whether the ani- nity to be a part of Guntersville’s his- Herp. As the company name implies, mals were protected or not, wild-caught tory. Molt sells high-dollar herps from around or not, legal or not. The important thing Jerry Hammond, a mechanic at a the world, including several endangered was to double your investment. When Ford dealership down the road in species. He has a long-standing reputa- Molt asked Stewart if he wanted to go in Albertsville, and Trent, an employee at a tion among both reptile fanciers and on the deal together, Stewart was ex- local pet store, supplemented their in- wildlife law enforcement officers. In cited about the opportunity to make come by collecting, buying, and selling 1974, he and a couple of associates col- some money and gain notoriety for his venomous reptiles. In addition to the lected over 600 reptiles from various new business. In fact, he was so excited Twin-spotted Rattlesnake, Banded Rock international locales and smuggled them that he convinced Hank Molt to let him

Page 10 . INTERNATIONAL GAME WARDEN . SPRING 2008 purchase and sell the rattlesnakes and kingsnake.com. As dealers often do, he A marked Twin-spotted Rattlesnake, Gila Monsters on his own. This was the posted photographs of each animal in his however, is a different story. Koenig first of three costly mistakes made by advertisements. One of the photographs forwarded the kingsnake.com photo- Adam Stewart. was of the Twin-spotted Rattlesnake the graph of the snake to me. I am a wildlife Stewart agreed to purchase Trent Hammonds had collected in the biologist who has been studying and Hammond’s collection for $5,200. Stew- Chiricahua Mountains. This was Adam marking Twin-spotted Rattlesnakes in art came up with a large wad of cash Stewart’s third and most costly mistake. the Chiricahua Mountains since 1997. from somewhere, put it in his left front The paint mark was clearly visible in pants pocket for safe keeping, and to- Busted! the photograph, and because I paint gether he and Molt took a road trip to Twin-spotted Rattlesnakes, which each rattle with a unique color code, I Guntersville, Alabama, to make the inhabit four mountain ranges in south- was able to quickly determine that I had deal. Guntersville is about 300 miles eastern Arizona, as well as portions of marked that very snake in the west of Belton, and the two reptile the Sierra Madre Occidental and Sierra Chiricahuas on May 28, 2006. dealers made a few rest stops Madre Oriental in Mexico, are South Carolina is not technically along the way. Stewart protected everywhere they within the jurisdiction of an Arizona occur. There are no zoo- Game and Fish Department law en- logical institutions forcement officer. Therefore, Koenig breeding them, mean- was going to have to convince a law ing that there are no enforcement officer on the other side of legal “surplus” ani- the country that an Arizona Twin- mals that might some- spotted Rattlesnake was important how enter the pet enough for him to bother pursuing the trade. Therefore, no case. He contacted South Carolina De- Twin-spotted Rattle- partment of Natural Resources Officer snakes can be legally Rhett Bar-wick, who put him in touch sold. Although a sig- with U.S. Fish and Wildlife Service nificant number of Special Agent Tom Chisdock. reptile collectors and Following conversations with Koenig dealers own Twin-spotted Rattle- and myself, Chisdock was confident that snakes that they have illegally col- he could prove that the Twin-spotted lected or purchased, they are rarely Rattlesnake was illegally collected from got out of the car at these stops, which openly advertised for sale. It is particu- the Chiricahua Mountains. On August was his second costly mistake. When larly unusual for Twin-spotted Rattle- 15, Special Agent Chisdock, Officer they finally reached the Hammond snakes to be advertised on such a well- Barwick, and South Carolina Depart- residence, Stewart realized that the known and frequently viewed site as ment of Natural Re- $5,200 in cash had fallen out of his kingsnake.com. Perhaps even more sources Herpetologist Under questioning, unusual than that is for an advertise- Steve Bennett paid a pocket at some point during the trip! Jerry and They drove all the way back to ment to include a photograph of a Twin- visit to the Living Belton, checking their previous stops, spotted Rattlesnake with a blue painted Earth Reptiles store. Trent Hammond but oddly enough the money was no- rattle. After consulting a law- readily admitted yer, Adam Stewart where to be found. A few weeks later, In early August 2006, Arizona Game to collecting the Adam Stewart managed to come up and Fish Department Field Supervisor agreed to speak to the with some more cash. By this time, the Hans Koenig came across the Twin- officers. Stewart rattlesnakes and anxious Hammond had sold off part of spotted Rattlesnake advertisement on showed them the Twin- Gila Monsters in spotted Rattlesnake, his collection, but Stewart agreed to king-snake.com and knew immediately Arizona in known purchase the remaining twelve reptiles that he had a case. Typically, it is very which was housed in a for $4,500. These reptiles included the difficult to press a case for illegal reptile small plastic container violation of Arizona Twin-spotted Rattlesnake, Banded Rock collecting once the collector has left the with newspaper cover- state law. Rattlesnake, two Ridge-nosed Rattle- state because wildlife law enforcement ing the bottom. The snakes, and three Gila Monsters Trent officers must be able to prove that the paint mark was clearly Hammond and his father had recently animals in question were collected from visible. When confronted with the evi- collected on their Arizona trip. This the state where they are protected. For dence that the rattlesnake had been time Stewart went alone. He and Trent example, if a collector in South Carolina marked in the Chiricahuas, Stewart Hammond met halfway, along Inter- has a Twin-spotted Rattlesnake, the surrendered the snake to the U.S. Fish state 20 across from the Six Flags Over government must be able to prove that and Wildlife Service. Stewart had been Georgia parking lot, just west of At- the collector either collected the snake attempting to sell the snake for $850. lanta. This time Stewart kept a close himself in Arizona or Mexico, or pur- The confirmation of the identification eye on his cash. This time he arrived chased it from somebody who collected it of the Twin-spotted Rattlesnake was home in Belton with a car full of venom- in Arizona or Mexico. Because Twin- enough for U.S. Fish & Wildlife Service ous reptiles. spotted Rattlesnakes are not specifically Special Agent Garry Phillips and Ala- Stewart didn’t waste any time mar- protected in South Carolina, the collec- bama Wildlife and Freshwater Fisher- keting his new stock, as he was now tor can claim that he found the snake ies Lieutenant Mike Bloxom to pay a $9,700 in the hole. He posted his new crawling through his backyard and col- visit to the Hammond residence in animals for sale on his Living Earth lected it there (what a range extension!), Guntersville. Under questioning, Jerry Reptiles web-site, as well as on the well- in which case no laws have been vio- and Trent Hammond readily admitted known reptile clearinghouse lated. to collecting the rattlesnakes and Gila

INTERNATIONAL GAME WARDEN . SPRING 2008 . Page 11 Monsters in Arizona in known violation months in commu- of Arizona state law and selling them to nity confinement, Adam Stewart through the facilitation according to federal of Hank Molt. Furthermore, they made sentencing guide- it clear that both Adam Stewart and lines. Instead, each Hank Molt were well aware that the paid a fine of $825 animals were illegally taken from Ari- and neither faced zona. prison or probation. Based on the rela- Repercussions tive market value Exactly what laws were broken here? of each of the rep- Let us begin with Arizona, which is tiles they sold, they known for its relatively strict nongame received about wildlife regulations. It is illegal to take $3,700 from Adam closed-season wildlife, to possess or Stewart specifically transport illegally taken wildlife, or to for the seven rep- sell virtually any wildlife from Arizona tiles they collected (Arizona Revised Statutes 17-309, Ari- from Arizona. They zona Game and Fish Commission Rule were allowed to Twin-spotted Rattlesnake (Crotalus pricei). Photo by Roy C. Averill-Murray. R12-4-402). All of the species collected keep the money by the Hammonds, the they made for selling the snakes, which Where are they now? means that after being caught and fined, They were allowed Twin-spotted Rattle- Several months after his initial con- snake, Banded Rock they still made a profit of $2,050 on the tact with the U.S. Fish & Wildlife Ser- to keep the money Rattlesnake, Ridge- illegal Arizona reptiles. vice, and after a $3,500 sale fell through they made for nosed Rattlesnakes, and Adam Stewart violated the Lacey Act when the potential buyer was tipped off by purchasing, transporting, and selling selling the snakes, Gila Monsters, are listed that the snakes were illegally collected, as permanently closed- illegally collected wildlife. Had he been Stewart agreed to voluntarily surrender which means that season in Arizona (Ari- found guilty in court, he would have the Ridge-nosed Rattlesnakes. The after being caught zona Game and Fish received the same sentence the snakes were loaned to the Riverbanks Hammonds would have received: a and fined, they still Commission Order 43). Zoo in Columbia, South Carolina, with Believe it or not, $1,000 to $10,000 fine, as well as 4-10 the concurrence of the Arizona Game & made a profit of Alabama also has laws, months in prison or 1-5 years probation Fish Department. Adam Stewart sold $2,050 on the one of which prohibits with at least 4 months in community one of the Gila Monsters to a Gila Mon- confinement. Instead, he paid a fine of illegal Arizona the possession or sale of ster pet trade breeder in Asheville, any non-indigenous $525 and did not face prison or proba- North Carolina, for $1,412.25, including reptiles. venomous reptile with- tion. Although he eventually turned tax. Stewart provided the dealer with a out a state permit (Ala- both the Twin-spotted Rattlesnake and note that falsely stated that the Gila bama State Regulation 220-2-.26). Not the Ridge-nosed Rattlesnakes over to Monster was a captive-bred animal to surprisingly, South Carolina has no the U.S. Fish and Wildlife Service, he the best of his knowledge. The Gila Mon- relevant laws, which is probably one of was allowed to sell the illegally captured ster was sickly when it arrived in North the major reasons businesses like Living Banded Rock Rattlesnake and Gila Carolina, but the breeder has since Earth Reptiles and Global Herp locate Monsters. nursed it back to health. The fates of the there. Because state boundaries were Assuming that he managed to sell the other two Gila Monsters and the Banded crossed, the federal Lacey Act comes Banded Rock Rattlesnake and Gila Rock Rattlesnake that the Hammonds into play. The Lacey Act makes it illegal Monsters for his asking price of $3,975 sold to Stewart are unknown. Adam to transport, receive, acquire, sell, or ($1,200 to $1,350 for each Gila and $225 Stewart still runs Living Earth Reptiles purchase wildlife across state or inter- for the Banded Rock Rattlesnake), he out of his home in Belton. He now seems national borders that was taken in viola- still made $3,450 on the illegally cap- to be focusing primarily on breeding his tion of state or foreign law (16 USC tured Arizona reptiles after his fine. currently-owned reptiles for sale. Hank 3372). Of course, since he spent about Molt still sells high-market-value rep- The penalties for committing these $3,700 to buy the Arizona reptiles, he tiles from around the world through crimes were settled without trial. How- ended up with a net loss of $250 on the Global Herp. ever, it may be instructive to compare whole deal. After visiting Alabama and South what the penalties could have been with Hank Molt conspired with the Carolina, the well-traveled Twin-spotted a court trial and successful prosecution Hammonds and Adam Stewart to vio- Rattlesnake was flown back to Tucson at with the actual penalties that were late the Lacey Act by putting the the end of August 2006. Arizona Game assessed. Trent and Jerry Hammond Hammonds in touch with Stewart and and Fish Department Field Supervisor managed to violate all of the laws men- by driving Stewart to the Hammonds’ Hans Koenig brought the snake to my tioned above – Arizona state law, Ala- residence to purchase the illegal rep- house in early September for a reunion bama state law, and the Lacey Act. For tiles. If he had gone to court and been and assessment. It was clear that the the violation of the Lacey Act alone found guilty of conspiracy, he would twin-spot had had a very rough three (transporting and selling illegally col- probably have received a sentence of a months. The snake had shed once since lected wildlife), each of the Hammonds $500 to $5,000 fine, as well as 0-6 May and had grown almost half an inch. would have faced a $1,000 to $10,000 months in prison or 1-5 years probation. However, he was clearly emaciated. He fine, as well as 4-10 months in prison or Instead, he did not incur any penalties was very skinny, his skin was loose, and 1-5 years probation with at least 4 for his role. he had lost 28% of his body mass, despite

Page 12 . INTERNATIONAL GAME WARDEN . SPRING 2008 the fact that he had an empty stomach 1950 and 2006, the population of south- While the illegal when weighed in May but had been eastern Arizona (Cochise, Pima, and collection of wildlife While the illegal recently fed when weighed that day in Santa Cruz Counties) has increased for the pet trade may collection of wildlife September. from 182,000 to 1,118,000 (U.S. Census have a relatively small for the pet trade may Even though the exact location of the Bureau 2007). Roads and traffic are impact on most spe- Twin-spotted Rattlesnake’s home was associated with this sprawl, and given cies compared to these have a relatively known, the Arizona Game & Fish De- that vehicles annually kill tens of thou- other threats, it can small impact on most partment did not return the snake to the sands of vertebrates on roads within and have a very significant species compared to wild due to the risk of introducing dis- immediately adjacent to Saguaro Na- impact on the rare, ease into the wild population. Instead, tional Park alone (Kline and Swann high-market-value other threats, it can the Arizona Game & Fish Department 2001), vehicles likely kill millions of species pet collectors have a very retained the snake with the intention of vertebrates every year in southeastern target, especially in significant impact on using it for interpretive programs. The Arizona. combination with the fear of introducing disease into the wild Increasing human population levels other threats. The the rare, high- may have been well-founded, as the also lead to decreasing water table lev- combination of market-value species young snake unexpectedly died in cap- els. By the 1940’s, groundwater pump- overhunting and cli- pet collectors target, tivity in Tucson in March 2007. ing and changes in runoff patterns due mate change led to the to overgrazing by cattle had already extinction of many especially in Who Cares? turned the Santa Cruz River near Tuc- North American spe- combination with the So, who cares? Does the removal of a son from a place to find beavers and fish cies during the last other threats. Twin-spotted Rattlesnake, a Banded into the dry, deep, sandy arroyo we major period of tem- Rock Rattlesnake, two Ridgenosed Rat- know today, and water table levels con- perature increase tlesnakes, and three Gila Monsters from tinue to drop throughout the area as 10,000 years ago (Mar- the wild have a measurable impact at groundwater pumping continues tin 1967; Diamond 1997). The current the population level? Almost certainly (WRRC 1999). shift in temperatures is occurring at a not. However, that is a silly question, Even animals like Twin-spotted Rat- much faster rate than the last one, so because those are not the only animals tlesnakes, which live in the mountains we can expect many wildlife populations taken. In the U.S. alone, it is estimated and are therefore much less affected by to be severely stressed even without the that over $3 billion in profits are made urbanization impacts than desert, grass- added loss (and often habitat destruc- annually through trade in illegal wild- land, and riparian species, cannot es- tion) caused by collectors. life (Webster 1997). Arizona has rela- cape the dramatic habitat changes hu- Arizona’s nongame wildlife laws tively restrictive laws regarding mans cause. Worldwide greenhouse gas reflect a conviction that Arizona’s wild- nongame wildlife and a state wildlife emissions already caused the average life belongs to everybody and nobody. law enforcement agency that takes en- temperature in the western U.S. to in- While it is extremely difficult to stop the forcing those laws seriously. Nonethe- crease by 2 to 5° F over the 20th century, construction of houses and roads, the less, only a miniscule percentage of with models predicting additional in- continued draw down of the water table, people who smuggle illegally captured creases of 3 to 4° F by 2030 and 8 to 11° or the production of greenhouse gases, it reptiles out of the state are ever caught. F by the end of this century (Smith et al. is within our power to stop or at least According to the Hammonds, helpful 2001). Twin-spotted Rattlesnakes and reduce the illegal export of our wildlife Arizona Game and Fish Department other species that already inhabit the for profit. The laws are already in place. employees actually told them where to highest elevations of mountain ranges What is needed is the collective will to go to find some of the reptiles they col- will not be able to migrate to cooler ar- enforce them. lected! eas as the temperatures rise. Given that the collectors in this inci- dent actually made a significant profit even after being fined, and the loss to the dealer was minimal, it is difficult to Literature Cited see how being apprehended could possi- Diamond, J. 1997. Guns, Germs, and Steel. W.W. Norton & Company, Inc., New York. bly be a deterrent. It is tempting to Kline, N., and D. Swann. 2001. Thousands of vertebrates die on Saguaro National blame the U.S. Fish and Wildlife Service Park roads. Vermilion Flycatcher. Tucson Audubon Society. 45:20-22. for not pursuing more severe penalties Martin, P.S. 1967. Pleistocene overkill. In P.S. Martin and H.E. Wright, Jr. (eds.), by taking the case to trial. However, Pleistocene Extinctions, pp.75-120. Yale University Press, New Haven. there are apparently few federal prose- Smith, J.B., R. Richels, and B. Miller. 2001. Potential consequences of climate vari- cutors or judges who take wildlife crimes ability and change for the western United States. In National Assessment Synthesis seriously, especially regarding such Team. Climate Change Impacts on the United States: The Potential Consequences uncharismatic animals as venomous of Climate Variability and Change. Cambridge University Press, Cambridge, U.K. snakes. pp. 219-245. Is this something we should be con- U.S. Census Bureau. 2007. State and County QuickFacts. cerned about? Could illegal collecting http://quickfacts.census.gov/qfd/states/04000.html negatively impact Arizona’s wildlife Water Resources Research Center. 1999. Water in the Tucson Area: Seeking populations over the long term? In order Sustainability. University of Arizona, Tucson. Webster, D. 1997. to answer that question, we need to take The looting and smuggling and fencing and hoarding of impossibly precious, feath- into account not just the pet trade, but ered and scaly wild things. The New York Times Magazine. February 16. pp. 26-33, all of the ways we impact wildlife popu- 48-49, 53, 61. lations. Urban sprawl and development eliminates wildlife habitat. Between

INTERNATIONAL GAME WARDEN . SPRING 2008 . Page 13