Cal. Code Regs. Tit. 14, § 40 - General Provisions Relating to Native Reptiles and Amphibians
(a) General Prohibition It is unlawful to
capture, collect, intentionally kill or injure, possess, purchase, propagate,
sell, transport, import or export any native reptile or amphibian, or part
thereof, except as provided in this chapter, Chapter 2 of this subdivision
relating to sportfishing and frogging, sections
650,
670.7, or
783 of these regulations, or as
otherwise provided in the Fish and Game Code or these regulations.
(b) For the purposes of this section,
"intentionally kill or injure" does not include death or injury that occurs
incidental to an otherwise lawful activity. This section does not prohibit the
capture, temporary collection or temporary possession of native reptiles and
amphibians done to avoid mortality or injury in connection with such
activities. The live capture and release of native reptiles and amphibians done
to avoid such death or injury may occur only with the department's written
approval.
(c) 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.
(d)
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 5.05 and
5.60.
(e) Reptiles or amphibians which have been in
captivity, including wild-caught and captively-bred individuals or offspring,
shall not be released into the wild without the written approval of the
department.
(f) 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.
Notes
2. Amendment filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
3. Editorial correction restoring inadvertently deleted subsections (c)-(f)(2) (Register 2023, No. 17).
Note: Authority cited: Sections 5061 and 6896, Fish and Game Code. Reference: Sections 5061 and 6896, Fish and Game Code.
2. Amendment filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).
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