Posted by Lothlorien Moore on March 10, 2000 at 22:13:33:
In Reply to: EVERYONE IN CALIFORNIA READ THIS!!! posted by Jack on February 11, 2000 at 10:04:30:
: Here is everything you wanted (or didn't want) to know about collecting California (amphibians and) reptiles, from a legislative point of view. This comes straight from "the BOOK".
: Save this document and print it or copy/save it to a text file for reference.
: CHAPTER 5.
: NATIVE REPTILES AND AMPHIBIANS
: (See Species Regulations Regarding Bullfrogs)
: 40. General Provisions Relating to Native Reptiles and Amphibians.
: (a) Prohibition on Take, Possession, Purchase, Propagation, Sale, Import, or
: Export. It is unlawful to take, possess, purchase, propagate, sell,
: transport, import or export any native reptile or amphibian, or part
: thereof, except as provided in this chapter and in Chapter 2 of this
: subdivision relating to sportfishing and frogging.
: (b) Except for dried or processed reptile skins, it is unlawful to display,
: in any place of business where pets or other animals are sold, native
: reptiles or amphibians which cannot lawfully be sold.
: (c) Progeny resulting from pregnant native reptiles or amphibians collected
: from the wild must be transferred to another person or to a scientific or
: educational institution within 45 days of birth or hatching. Persons
: receiving such progeny shall comply with the bag and possession limits
: specified in sections 41.5 and 42.5.
: (d) Reptiles or amphibians which have been in captivity, including
: wild-caught and captively-bred individuals or offspring, shall not be
: released into the wild.
: (e) Biological Supply Houses and Exempt Organizations.
: (1) Biological Supply Houses. The department may issue permits to owners of
: biological supply houses to sell native reptiles and amphibians to
: scientific or educational institutions, pursuant to Section 651 of these
: regulations.
: (2) Organizations and Schools Exempt from Permit. Institutions or
: organizations engaged in bona fide scientific study of native wildlife,
: whose specimens are readily available for use or viewing by the public at
: large on a regular basis, and government accredited schools that are open to
: the public may possess, accept donations of, or exchange, purchase or sell
: between organizations, native reptiles and amphibians without a permit.
: (f) Except as otherwise provided in federal law, the Fish and Game Code or
: Section 671, no permit is required to import, export, transport, possess,
: propagate, buy or sell nonnative reptiles or amphibians.
: 41. Protected Amphibians.
: Except under special permit from the department issued pursuant to sections
: 650 and 670.7 of these regulations, or Section 2081 of the Fish and Game
: Code, none of the following amphibians may be taken or possessed at any
: time:
: (a) Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum).
: (b) Siskiyou mountain salamander (Plethodon stormi).
: (c) Desert slender salamander (Batrachoseps aridus).
: (d) Kern Canyon slender salamander (Batrachoseps simatus).
: (e) Tehachapi slender salamander (Batrachoseps stebbinsi).
: (f) Limestone salamander (Hydromantes brunus).
: (g) Shasta salamander (Hydromantes shastae).
: (h) Black toad (Bufo exsul).
: (i) Red-legged frog (Rana aurora).
: (j) Southwestern toad (Bufo microscaphus).
: (k) Mt. Lyell salamander (Hydromantes platycephalus).
: (l) Inyo Mountains salamander (Batrachoseps campi).
: (m) California tiger salamander (Ambystoma californiense).
: (n) Olympic salamander (Rhyacotriton olympicus).
: (o) Del Norte salamander (Plethodon elongatus).
: (p) Colorado River toad (Bufo alvarius).
: (q) Yosemite toad (Bufo canorus).
: (r) Foothill yellow-legged frog (Rana boylii).
: (s) Mountain yellow-legged frog (Rana muscosa).
: (t) Cascade frog (Rana cascade).
: (u) Spotted frog (Rana pretiosa).
: (v) Lowland leopard frog (Rana yavapaiensis).
: (w) Tailed frog (Ascaphus truei).
: (x) Western spadefoot (Scaphiopus hammondii).
: 41.5. Amphibians Except Protected Amphibians.
: Native amphibians may be taken under the authority of a sportfishing license
: under the following conditions:
: (a) Open season: All year.
: (b) Limit: The bag and possession limit on native amphibian species, in the
: aggregate of all subspecies, not listed in Section 41 is four, except as
: provided in Section 43.
: (c) Hours: Amphibians may be taken at any time of day or night.
: (d) Methods of take: Amphibians may be taken only by hand, hand-held dip net
: or hook and line, except bullfrogs may be taken as authorized in Section
: 5.05.
: (e) Special closures:
: (1) No amphibians may be taken from ecological reserves designated by the
: commission in Section 630 or from State parks, or national parks or
: monuments.
: (2) No slender salamanders (Batrachoseps spp.) may be taken from the Santa
: Rosa Mountains, Riverside County.
: (3) No salamanders of the genera Batrachoseps or Hydromantes may be taken in
: Inyo and Mono counties.
: 41.7. Commercial Take and Use of Frogs for Human Consumption.
: No person shall for commercial purposes take, possess, sell, transport or
: export frogs for human consumption. This section shall not apply to frogs
: raised by registered aquaculturists or frogs imported into this state. Any
: person possessing frogs for human consumption, whether imported or purchased
: from a registered aquaculturist, shall maintain and keep receipts, waybills,
: or bills of lading dealing with the importation, purchase, or sale of frogs
: for a period of one year from the date of receipt of the frogs, and shall
: exhibit these on demand to any official of the department.
: 42. Protected Reptiles.
: Except under special permit from the department issued pursuant to sections
: 650 and 670.5 of these regulations, or Section 2081 of the Fish and Game
: Code, none of the following reptiles may be taken or possessed at any time.
: (a) Blunt-nosed leopard lizard (Gambelia sila).
: (b) Banded Gila monster (Heloderma suspectum cinctum).
: (c) Southern rubber boa (Charina bottae umbratica).
: (d) Alameda whipsnake (Masticophis lateralis euryxanthus).
: (e) San Francisco garter snake (Thamnophis sirtalis tetrataenia).
: (f) Giant garter snake (Thamnophis gigas).
: (g) Desert tortoise (Gopherus agassizi).
: (h) Panamint alligator lizard (Gerrhonotus panamintinus).
: (i) Sonora mud turtle (Kinosternon sonoriense).
: (j) Island night lizard (Xantusia riversiana).
: (k) Flat-tailed horned lizard (Phrynosoma mcallii).
: (l) San Diego mountain kingsnake (Lampropeltis zonata pulchra).
: (m) Coachella Valley fringe-toed lizard (Uma inornata).
: (n) Switak's barefoot gecko (Coleonyx switaki).
: (o) Leaf-toed gecko (Phyllodactylus xanti).
: (p) Granite night lizard (Xantusia henshawi).
: (q) Orange-throated whiptail (Cnemidophorus hyperythrus).
: (r) Black legless lizard (Anniella pulchra nigra).
: (s) Coast horned lizard (Phrynosoma coronatum).
: (t) Western pond turtle (Clemmys marmorata).
: (u) San Joaquin coachwhip (Masticophis flagellum ruddocki).
: (v) Two striped garter snake (Thamnophis hammondii).
: 42.5. Reptiles Except Protected Reptiles.
: Native reptiles may be taken under the authority of a sportfishing license
: under the following conditions:
: (a) Open season: All year.
: (b) Limit: The bag and possession limit on all native reptile species, in
: the aggregate of all subspecies, not listed in Section 42 is two, except as
: provided in Section 43 and as follows:
: (1) Spiny softshell turtle (Trionyx spiniferus ssp): Five.
: (2) California legless lizard (Anniella pulchra ssp): One.
: (3) California mountain kingsnake (Lampropeltis zonata ssp): One.
: (4) Western fence lizard (Sceloporus occidentalis ssp), sagebrush lizard
: (Sceloporus graciosus ssp), side-blotched lizard (Uta stansburiana ssp),
: desert night lizard (Xantusia vigilis ssp) and western skink (Eumeces
: skiltonianus ssp): 25 in the aggregate.
: (5) California subspecies of gopher snakes (Pituophis melanoleucus ssp) and
: California common kingsnake (Lampropeltis getulus californiae): Four.
: (c) Hours: Reptiles may be taken at any time of day or night.
: (d) Methods of take:
: (1) Reptiles may not be injured and may be taken only by hand, except as
: provided in subsections (C) (2) and (3) below, or by the following
: hand-operated devices:
: (A) Lizard nooses.
: (B) Snake tongs.
: (C) Snake hooks.
: (2) Rattlesnakes may be taken by any method.
: (3) Turtles may be taken by hook and line.
: (4) It is unlawful to use any method or means of collecting that involves
: breaking apart of rocks, granite flakes, logs or other shelters in or under
: which reptiles may be found.
: (e) Special closures:
: (1) No reptiles may be taken from ecological reserves designated by the
: commission in Section 630 or from State parks, or national parks or
: monuments.
: (2) No California mountain kingsnakes may be taken in San Diego and Orange
: counties or in Los Angeles County west of Interstate 5.
: (3) No common garter snakes (Thamnophis sirtalis ssp.) may be taken in
: Ventura, Los Angeles, Orange, Riverside and San Diego counties.
: 43. Captive Propagation and Commercialization of Native Reptiles and
: Amphibians.
: (a) Native Reptile and Amphibian Propagation Permit.
: (1) Permit Required. Except for pet shops as provided in subsection 43(e),
: every person, who, for commercial purposes, sells, possesses, transports,
: imports, exports or propagates native reptiles or amphibians pursuant to
: subsection 43(c), or who propagates native reptiles and amphibians for
: noncommercial purposes pursuant to subsection 43(b), shall have a native
: reptile and amphibian propagation permit that has not been revoked or
: suspended issued to that person. The permit or a legible copy of the permit
: shall be in the immediate possession of the permittee while native reptiles
: or amphibians are being displayed to the public, taken, transported, or
: sold. The permit or a legible copy of the permit shall be kept where native
: reptiles or amphibians are maintained. No permit is required for the
: purchase of subspecies of native reptiles authorized pursuant to subsection
: 43(c).
: (2) Application. Application for a permit shall be make on Native Reptile
: and Amphibian Propagation Permit Application, Form #(to be determined)
: (revision date), which is incorporated by reference herein. Application
: forms are available from the Department of Fish and Game, License and
: Revenue Branch, 3211 S Street, Sacramento, California 95816 Telephone (916)
: 227-2244. The application form shall be completed in its entirety, including
: information on the species and/or subspecies proposed for propagation, the
: location of the rearing facility and other related information.
: (3) Term of Permit. Permits issued under the provisions of this section
: shall be valid from January 1 through December 31 or, if issued after the
: beginning of such term for the remainder thereof. Permits that expire
: between the effective date of these regulations and December 31, 1996, shall
: be automatically extended through December 31, 1996.
: (4) Denial. The department may deny a permit to any person who fails to
: comply with the provisions of a permit or any regulations pertaining to
: native reptiles or amphibians. Any person denied a permit may request a
: hearing before the commission to show cause why his/her permit should be
: issued.
: (5) Revocation. The commission, after proper notice and providing for an
: opportunity to be heard, may revoke or suspend a permit for a violation of
: the Fish and Game Code, or the Title 14, CCR, or any federal law or
: regulation pertaining to reptiles or amphibians.
: (6) Fees. See Section 699 for permit fees.
: (7) Albino Native Reptiles and Amphibians. Albino reptiles and amphibians
: are defined as individual native reptiles and amphibians lacking normal body
: pigment and having red or pink eyes. No permit is required for the
: possession, propagation, importation, exportation, transportation, purchase
: or sale of captively-bred native albino reptiles or amphibians. The
: provisions of sections 41.5 and 42.5 apply to the taking and possession of
: albino native reptiles and amphibians from the wild.
: (b) Non-commercial Propagation. The department may authorize the possession
: and propagation of no more than three species and no more than 30
: individuals in the aggregate including progeny under a native reptile and
: amphibian propagation permit. Within the overall limit of 30 individuals,
: the department may authorize no more than four of any one species to be
: taken from the wild. Individuals may be taken only by the methods authorized
: by sections 41.5 and 42.5. Native reptiles and amphibians possessed pursuant
: to this subsection may not be purchased or sold.
: (c) Propagation and Possession for Commercial Purposes. Native reptiles may
: not be sold, possessed, transported, imported, exported or propagated for
: commercial purposes, except as provided in Section 40(e) and except as
: follows:
: (1) Subspecies Authorized. Only the following subspecies may be propagated,
: imported, exported, or possessed for commercial purposes, or purchased or
: sold pursuant to the provisions of this section:
: (A) California common kingsnake (Lampropeltis getulus californiae);
: (B) California subspecies of the gopher snake (Pituophis melanoleucus):
: Great Basin gopher snake (Pituophis melanoleucus deserticola), Pacific
: gopher snake (Pituophis melanoleucus catenifer), San Diego gopher snake
: (Pituophis melanoleucus annectens), and Sonora gopher snake (Pituophis
: melanoleucus affinis);
: (C) California subspecies of the rosy boa (Lichanura trivirgata): Coastal
: rosy boa (Lichanura trivirgata roseofusca) and Desert rosy boa (Lichanura
: trivirgata gracia).
: (2) Bill of Sale. All animals sold pursuant to these regulations must be
: accompanied by a numbered bill of sale which shall contain the name and
: permit number of the permittee, the complete scientific name of each native
: reptile sold and the name and address of the buyer. A copy of the bill of
: sale shall be retained by the buyer.
: (d) Limits. Except as otherwise authorized, no person shall take or possess
: native reptiles and amphibians taken from the wild in excess of the bag and
: possession limits specified in sections 41.5 and 42.5. There are no
: possession limits for captively-bred native reptiles and amphibians
: authorized by subsection 43(c) for persons possessing a native reptile and
: amphibian propagation permit or for which the person has a bill of sale as
: required in subsection 43(c)(2).
: (e) Pet Shops.
: (1) Defined. A "pet shop" means a permanent place of business, licensed by a
: city or county, that is open to the public and maintains normal business
: hours, where pet animals are kept for retail sale. An "owner or operator"
: means the person who owns or is in charge of the pet shop.
: (2) Exemption. Pet shop owners or operators or their employees or agents,
: are not required to obtain a native reptile and amphibian propagation permit
: to purchase, transport directly from the point of purchase to the pet shop,
: possess or resell native reptiles and amphibians purchased from a permittee
: pursuant to subsection 43(c). This exemption applies only to native reptiles
: and amphibians sold by the pet shop from the premises of the pet shop.
: (3) Records of Purchases. The owner or operator of a pet shop shall retain
: the original bill of sale at the pet shop for each native reptile and
: amphibian acquired while the animal is at the pet shop and for two years
: thereafter. The bill of sale shall contain the name and permit number of the
: native reptile and amphibian permittee from which the animals were purchased
: or acquired, the date acquired and the scientific name and number of each
: subspecies of animals acquired.
: (4) Records of Sales. Each native reptile and amphibian sold by pet shops
: shall be accompanied by a numbered bill of sale which shall contain the name
: and address of the pet shop, the date sold and the scientific name and
: number of each subspecies sold. A copy of the bill of sale shall be retained
: at the pet shop for two years from the date of sale.
: (5) Effect of Violation. No native reptiles or amphibians shall be sold from
: any pet shop whose owner or operator, or any employee or agent selling
: native reptiles or amphibians from the pet shop, has been convicted of a
: violation pertaining to native reptiles or amphibians within the previous
: three years.
: (f) Humane Care and Treatment. Permittees shall comply with the following
: provisions:
: (1) Enclosures. The perimeter of the enclosure for snakes 33 inches or less
: shall be 1.5 times the length of the snake. The perimeter of the enclosure
: for snakes more than 33 inches in length shall be 1.25 times the length of
: the snake. The perimeter shall be measured on the inside of the top edge of
: the enclosure. Snakes may be kept in smaller cages or containers for 31 days
: from the date of birth or hatching and while being transported or displayed
: at trade shows. All enclosures shall be adequately ventilated. The substrate
: shall facilitate the ability to maintain a clean and healthy environment for
: each animal.
: (2) Food. Food shall be wholesome, palatable and free from contamination and
: shall be supplied in sufficient quantity and nutritive value to maintain the
: animal in good health.
: (3) Water. Potable water must be accessible to the animals at all times or
: provided as often as necessary for the health and comfort of the animal. All
: water receptacles shall be clean and sanitary.
: (4) Cleaning of enclosures. Excrement shall be removed from enclosures as
: often as necessary to maintain animals in a healthy condition.
: (5) Disinfection of enclosures. After an animal with an infectious or
: transmissible disease is removed from an enclosure, that enclosure shall be
: disinfected.
: (6) Pest control. Programs of disease prevention and parasite control,
: euthanasia and adequate veterinary care shall be established and maintained
: by the permittee.
: (7) Observation. Animals shall be observed at least twice a week by the
: permittee or once a week if the animals are in hibernation. Sick, diseased,
: stressed, or injured animals shall be provided with veterinary-approved care
: or humanely destroyed.
: (8) Handling. Animals shall be handled carefully so as not to cause
: unnecessary discomfort, behavioral stress, or physical harm to the animal.
: (g) Records. Every permittee shall keep accurate accounting records for
: three years in which all of the following shall be recorded:
: (1) The complete scientific name and number of all native reptiles and
: amphibians purchased, received, sold, delivered, taken and possessed.
: (2) The person from whom the native reptiles or amphibians were purchased or
: received.
: (3) The person to whom the native reptiles or amphibians were sold or
: delivered.
: (4) The date the native reptiles or amphibians were purchased, received,
: sold, delivered or taken.
: (5) The price paid or received.
: (6) The dates and numbers of eggs laid.
: (7) The dates and numbers of births or hatchlings.
: (h) Annual Report Requirement. A copy of the records required in subsection
: 43(g) shall be submitted to the department by December 31 of each year. No
: permit shall be renewed unless the records or a signed statement that no
: species and/or subspecies of native reptiles or amphibians were purchased,
: received, sold, delivered, taken or possessed during the year is submitted.
: (i) Confidentiality of Records. The records and reports filed with the
: Department pursuant to subsections 43(g) and (h), and the information
: contained therein, shall be confidential and the records shall not be public
: records.
: (j) Inspection. The department may enter the premises of any permittee where
: reptiles or amphibians are maintained, or reasonably may be maintained, at
: any reasonable hour to inspect reptiles, amphibians, and enclosures and to
: inspect, audit or copy records and receipts required by this section.
: Refusal to allow an inspection may be grounds for revocation of the permit
: by the commission.