by CHRISTINE CHARNOSKY
Correspondent
WESTFIELD – When most people see a snake, the inclination is to run. That is a good instinct considering that most Massachusetts residents are unaware that rattlesnakes are considered endangered in the Commonwealth.
Tom French, assistant director of the Division of Fisheries & Wildlife for the Natural Heritage Endangered Species Program in Westborough, said, deliberately disturbing, harming or killing a timber rattlesnake, or any endangered species, is a criminal offense and penalties can include fines of up to $6,000 and jail time.
Westfield resident Matthew Detka, 29, learned this the hard way after he ran over a timber rattlesnake on August 12, 2014 while driving a dump truck for work on West Road, according to court records.
Stan Detka, Matthew’s father, said someone saw Matthew run over the snake, saw the company name on his son’s truck and called to report the incident. Stan Detka said no one he has spoken to knew rattlesnakes were endangered.
Court records state, “Rattlesnakes are listed as Endangered on the Massachusetts Endangered Species Act (MESA).”
MESA was enacted in December 1990 and mostly recently revised in October 2010, according to information supplied by Energy and Environmental Affairs on mass.gov. The timber rattlesnake has been on the list for more than 20 years, said French.
The act protects hundreds of plants and species that are considered endangered, threatened or of special concern including 15 reptiles, four of which are snakes–the eastern ratsnake, the copperhead, the eastern wormsnake and the timber rattlesnake, according to the Energy and Environmental Affairs website.
Detka was charged in Westfield District Court with possessing/selling/buying an endangered species, but the charge was dismissed upon paying a $1,000 fine. Charges of hunting/fishing in closed season, brought by the Massachusetts Environmental Police, were also dismissed.
The “victim” in Detka’s case file is listed as the Commonwealth of Massachusetts Natural Heritage and Endangered Species Program. A $1,000 check for restitution was mailed from Detka to NHESP via Westfield District Court on Thursday.
Detka’s court file contains information from Massachusetts law 131A, Section 1, regarding endangered species, as follows:
“’Take,’ in reference to animals, to harass, harm, pursue, hunt, shoot, hound, kill, trap, capture, collect, process, disrupt the nesting, breeding, feeding or migratory activity or attempt to engage in any such conduct, or to assist such conduct, and in reference to plants, to collect, pick, kill, transplant, cut or process or attempt to engage or to assist in any such conduct.”
French said that since Detka was charged with possession, this suggests he took the snake after hitting it, which implies intent.
According to court records, “The defendant did have knowledge it was a rattlesnake when the act was committed.”
This ordeal has been very upsetting for the Detka family since Matthew Detka did not intentionally kill the snake, according to Stan Detka.
Matthew Detka did not want to discuss the situation other than to say, “It happened. It’s over and done with. That’s it.”
Motorists who harm or kill endangered species purely by accident will not be charged, French said.
“If it’s deliberate, it is a criminal offense,” said French. “If it’s truly an accident, a person won’t get in trouble.”
Most people feel like, it’s a dangerous snake, so what?
When harming endangered species, people are “killing publicly valuable assets,” said French.
“Every species of wildlife is a valuable asset and deserve our protection–it’s public policy.”
Additionally, French said, snakes usually aren’t dangerous unless people engage them. The best thing to do, he said is to leave them alone.
Timber rattlesnakes are large, heavy-bodied snakes in the pit viper family with broad, triangularly shaped heads and a distinct narrowing just behind the head, according to NHESP.
“Color patterns are extremely variable in this species with some individuals almost jet black and others sulphur yellow with black, brown, or rust-colored blotches separated by cross bands on the back and sides,” the NHESP website states.
French said that the timber rattlesnake is extirpated, or wiped out, in Maine and Rhode Island. Along with being considered endangered in Massachusetts, the snake is also on the endangered list in New Hampshire, Vermont, Connecticut and New York.
At press time, no replies were received from numerous requests for information from the Massachusetts Environmental Police.
