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I live in Ca. and have had a tortoise since before 1989 when the laws on possession of wildlife went into affect here. I went to Az. last year to care for my Dad and brought the tortoise with me because he is nearly blind and depends on me for everything. He stayed inside with me mostly unless I was outside with him but someone took him out when I went inside for a brief time. I was frantic and notified the Game and Fish dept. in case someone turned him in there. I offered a reward and he was returned the next day. I notified G & F again. 3 weeks later they came to the door and said he was being seized. They know I am telling the truth as I have been devestated without my little guy. I have been to court 3 times and now am facing a trial waiting for DNA results. I need help from someone who knows the Law about this situation. I was given papers on adopting another tortoise but why not my own? I am the only Mom my tortoise has known. See more about my situation under "zoology"

2006-12-09 12:16:00 · 4 answers · asked by lilrunaway45 2 in Politics & Government Law Enforcement & Police

4 answers

Wow! I feel for you, in some strange sort of way. Are you facing a trial because you were charged with a crime or is it a trial for getting your little guy back? I'm just curious. I live and police in Georgia. Our DNR (Department of Natural Resources) enforces all state laws but directs their attention to wildlife management. One of the things they do is seize species of animals that are not allowed here for one reason or another. An example would be if they found out you had in your possession a Western Diamondback Rattlesnake, which is indigenous to the west coast of the US. They would take possession of it and most likely charge you. The Western Diamondback can mate with the Eastern Diamondback that is indigenous here in Georgia. The offspring of the combination would create a new species. That is somethings they don't want to happen. As far as testing DNA to find out where your tortoise comes from, I don't think that would tell you what state your little guy was actually born in. I do think that the testing will indicate the exact species of tortoise, and based on the test results the authorities (G & F) could actually tell what area that type of tortise came from. As far as the exact state, I don't think the courts would entertain a specific answer. Who's to say that a tortise could not have crossed a state line and laid eggs. You get my point? However, and I don't know what type of tortise you have. The species of tortise you have may actually be tracked to a small location know to G & F, thus the test may actually let them know that it comes from a group that only exists in one state.

2006-12-09 14:39:11 · answer #1 · answered by gablueliner 3 · 1 0

I honestly don't know, but find it great that you've ignored the "prevailing wisdom" of keeping different species apart. I have a Desert Tortoise and an African Pancake Tortoise living together and they're doing quite well. Good luck....I'll be keeping track of this thread to see if you have an answer.....

2016-05-22 23:58:53 · answer #2 · answered by Gwendolyn 4 · 0 0

My best guess is that its possible, but would be very expensive. I suggest you respectfully keep at the authorities who have the tortoise and with luck you'll be allowed custody again. Maybe a bit of media attention would also help. Is this gopher tortoise? I had one when I lived in Bakersfield (long time ago) and it had an ID tag on the underside of his shell. One day he wandered off. I don't remember how long afterwards, but we got a phone call from (the police?) asking if we had lost a tortoise with ID tag ####. I couldn't believe it! Is it possible your tortoise has a microchip or something that identifies it as from California?

2006-12-09 12:50:31 · answer #3 · answered by Alice Chaos 6 · 1 0

Can you present witnesses who can vouch for you having the tortise for over seventeen years?
Can someone say they remember seeing the tortise in your backyard in the early eighties or before?

Alice has a good idea, get some media involvement. You and your tortise are "grandfathered" in this case.

2006-12-09 14:43:02 · answer #4 · answered by WhatAmI? 7 · 1 0

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