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.