Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Native Reptile
Propagation Permit.
(1) Permit Required.
Except for pet shops as provided in subsection
43(f), every
person, who, for commercial purposes, sells, possesses, transports, imports,
exports or propagates native reptiles pursuant to subsection
43(c), or who
propagates native reptiles for noncommercial purposes pursuant to subsection
43(b), shall have
a native reptile propagation permit that has not been revoked or suspended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 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 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 made on Native Reptile Propagation Permit Application, FG 391B (8/02),
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.
(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.
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 Title 14, CCR, or any
federal law or regulation pertaining to reptiles.
(6) Permit Fee. The permit fee shall be the
basic fee set forth in subsection
699(b), Title 14,
California Code of Regulations. This fee shall be annually adjusted pursuant to
Sections
713 of
the Fish and Game Code.
(7) Albino
Native Reptiles. Albino reptiles are defined as individual native reptiles
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 section
5.60 apply to the taking and
possession of albino native reptiles 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 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 section
5.60. Native reptiles 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 sections
40(f) and
42 and except as follows:
(1) Species and subspecies Authorized.
Pursuant to the provisions of this section, only the following species and
subspecies may be sold, possessed, transported, imported, exported or
propagated for commercial purposes:
(A)
California kingsnake (Lampropeltis californiae);
(B) California subspecies of the gophersnake
(Pituophis catenifer): Great Basin gophersnake
(Pituophis catenifer deserticola), Pacific gophersnake
(Pituophis catenifer catenifer), San Diego gophersnake
(Pituophis catenifer annectens), and Sonoran gophersnake
(Pituophis catenifer affinis);
(C) Northern three-lined boa
(Lichanura orcutii).
(2) Bill of Sale. All animals sold pursuant
to this section 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) Addition or Removal of reptiles
authorized for commercial propagation. The following information shall
accompany a request to add or remove a reptile to the list that may be
commercially propagated:
A review of scientific literature documenting the
population status of the species in California
(1) Caging and care guidelines for the animal
in captivity.
(2) Analysis of the
effects of broodstock collection methods on wild populations.
(3) Analysis of the effects on wild reptile
populations of released or escaped reptiles bred under this program.
(4) Evaluation of the commercial market for
the proposed species.
(e)
Limits. except as otherwise authorized, no person shall take or possess native
reptiles taken from the wild in excess of the bag and possession limits
specified in section
5.60. There are no possession
limits for captively-bred native reptiles authorized by subsection
43(c) for persons
possessing a native reptile propagation permit or for which the person has a
bill of sale as required in subsection
43(c)(2).
(f) 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 propagation permit to purchase, transport directly from the
point of purchase to the pet shop, possess or resell native reptiles purchased
from a permittee pursuant to subsection
43(c). This
exemption applies only to native reptiles 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 a
legible copy of the bill of sale at the pet shop for each native reptile
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 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 shall be sold from any pet shop whose owner or operator, or any
employee or agent selling native reptiles from the pet shop, has been convicted
of a violation pertaining to native reptiles within the previous three
years.
(g) 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 care consistent with standards and procedures used by veterinarians 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.
(h) 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 purchased, received, sold, delivered, taken
and possessed.
(2) The person from
whom the native reptiles were purchased or received.
(3) The person to whom the native reptiles
were sold or delivered.
(4) The
date the native reptiles 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 hatchings.
(i) Annual Report Requirement. A copy of the
records required in subsection
43(h) 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 were purchased, received, sold, delivered, taken
or possessed during the year is submitted.
(j) Confidentiality of Records. The
information required in subsections
43(h)(2), (3), and
(5) contained in the records and reports
filed with the department pursuant to subsection
43(i) shall be
confidential and shall not be disclosed to the public.
(k) Inspection. The department may enter the
premises of any permittee where reptiles are maintained, or reasonably may be
maintained, at any reasonable hour to inspect reptiles, 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.
1. New
section filed 9-10-96; operative 9-10-96 pursuant to Fish and Game Code
sections
202 and
215
(Register 96, No. 37).
2. Amendment of subsection (j) and NOTE filed
12-2-97; operative 1-1-98 (Register 97, No. 49).
3. Amendment of
section heading and section filed 2-24-2004; operative 3-1-2004 pursuant to
Government Code section
11343.4
(Register 2004, No. 9).
4. Amendment of subsections
(c)(1)-(c)(1)(B), repealer and new subsection (c)(1)(C) and amendment of NOTE
filed 2-28-2017; operative 4-1-2017 pursuant to Government Code section
11343.4(a)(2)
(Register 2017, No. 9).
5. Amendment of subsection (c) and NOTE
filed 11-28-2018; operative 1-1-2019 (Register 2018, No.
48).
Note: Authority cited: Sections
200,
205,
265,
275,
5061
and
6896,
Fish and Game Code. Reference: Sections
200,
205,
265,
275,
5061
and
6896,
Fish and Game Code.
