Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Native reptiles and amphibians may be
sold to scientific or educational institutions only by owners of biological
supply houses who have been issued a permit by the department for such
purposes. A natural person who holds a valid Commercial Native Rattlesnake
Permit pursuant to Section
42 or an out-of-state commercial
developer of biomedical and therapeutic agents shall be considered a scientific
or educational institution for the purposes of this section.
(1) Permits shall be issued on an annual
basis, commencing April 1 of each year, and expiring on March 31 of the
following year, or for the unexpired portion of any permit year commencing
April 1.
(2) To defray costs
incurred in the administration of these regulations, a fee of $50 shall be paid
to the department by each applicant upon the filing of an application for a
permit.
(3) Applications for a
permit to sell native reptiles and amphibians to scientific or educational
institutions shall be submitted on forms provided by the department.
Applications shall be accompanied by a copy of applicable city or county
business permits, and shall include a list of employees or agents authorized by
the supply house owner to collect native reptiles or amphibians for the supply
house, pursuant to these regulations.
(b) Field Collecting Permit. Native reptiles
and amphibians may be taken for sale to scientific or educational institutions
only by owners of biological supply houses who have been issued a permit by the
department pursuant to subsection (a) above, and by authorized employees or
agents of such biological supply houses, only under authority of a field
collecting permit issued by the department.
(1) The department may issue a field
collecting permit to an owner of a biological supply house upon receipt by the
department of the original copy of a written request for purchase from a
faculty or staff member of a scientific or educational institution, accompanied
by a statement from the supply house owner indicating (A) the name of the
owner, authorized employees, or agents who will collect the specimens
requested; (B) the species and number of each species the owner or each
employee or agent will collect; and (C) the estimated beginning and ending
dates of such collecting.
(2) The
field collecting permit shall indicate the names of those authorized to collect
the specimens requested by the scientific or educational institution.
(3) The field collecting permit shall
indicate the maximum number of each species requested by the scientific or
educational institution that the supply house is authorized to collect and
possess.
(4) The field collecting
permit shall indicate the inclusive dates during which collecting of the
specimens requested by the scientific or educational institution is authorized,
and the date by which such specimens shall be shipped.
(5) Specimens collected pursuant to a field
collecting permit may be held only on the premises of a biological supply house
following expiration of the authorized collecting period, but shall not be held
on the premises of the supply house later than the authorized shipping
deadline.
(c) Each owner,
employee, or agent of a biological supply house collecting under authority of
this section, shall have in his possession, in addition to his own copy of a
field collecting permit, a copy of the permit issued to the biological supply
house pursuant to Section
651(a) of these
regulations, and, if amphibians are to be collected, a valid commercial fishing
license.
(d) Each owner, employee,
or agent of a biological supply house collecting under authority of a field
collecting permit shall collect only those species and numbers authorized by
the field collecting permit. Any species possessed in the field that is not
authorized by the field collecting permit shall be considered to have been
collected for commercial purposes and shall be a violation of these
regulations.
(e) Delivery.
(1) All deliveries or shipments of reptiles
or amphibians taken under authority of this section shall be accompanied by the
original copy of the field collecting permit issued to the supply house owner.
Shipments via the U.S. Postal Service or private carrier shall have this
document attached to the outside of the shipping container, which shall be
labeled: "Live Reptiles/Amphibians--Handle With Care."
(2) Possession by the scientific or
educational institution of the original copy of the field collecting permit,
which accompanies the shipment or delivery of the reptiles or amphibians taken
pursuant to this section, shall constitute authority for the scientific or
educational institution to possess the specimens purchased pursuant to this
section.
(f) Methods of
Take.
(1) Amphibians shall be taken only by
hand or by a dip net.
(2) Reptiles
shall be taken only by hand or by the following hand-operated devices:
(A) Lizard nooses,
(B) Snake tongs,
(C) Snake hooks.
(3) It is unlawful to use crowbars, tire
irons, jackhammers, winches, explosive devices, or any other method or means of
collecting that involves removal or breaking apart of rocks, granite flakes, or
other shelters in or about which reptiles or amphibians may be found.
(4) It is unlawful to take reptiles or
amphibians by means of pit-traps or can-traps.
(g) Closures.
(1) No reptiles or amphibians may be taken
from within the boundaries of State Parks or National Parks or Monuments,
including public roadways therein.
(2) No reptiles or amphibians may be taken
from within the boundaries of ecological reserves designated by the Commission,
including public roadways therein.
(3) No garter snakes
(Thamnophis sp.) may be taken in San Mateo
County.
(h) The supply
house owner shall be responsible for compliance by its employees or agents with
these regulations. The department may refuse to authorize owners, employees, or
agents of biological supply houses to collect or sell native reptiles or
amphibians upon conviction of a violation of these regulations by a court of
competent jurisdiction.
(i) Any
permit issued pursuant to these regulations may be cancelled or suspended at
any time by the commission for cause after notice and opportunity to be heard,
or without a hearing upon conviction of a violation of these regulations by a
court of competent jurisdiction.
1. New
section filed 6-11-79; effective thirtieth day thereafter (Register 79, No.
24). For history of former section, see Register 70, No. 35.
2.
Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register
81, No. 29).
3. Editorial correction of NOTE filed 9-20-85;
effective thirtieth day thereafter (Register 85, No. 38).
4.
Amendment of subsection (a) and NOTE filed 11-28-2018; operative 1-1-2019
(Register 2018, No. 48).
Note: Authority cited: Sections
1002,
5061,
6851
and
6896,
Fish and Game Code. Reference: Sections
1002,
5050,
5060,
5061,
6850,
6852,
6854,
6855,
6895
and
6896,
Fish and Game Code.
