Law:Division 5. Protected Reptiles And Amphibians (California)

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Contents

Chapter 1. Turtles

Article 1. Desert Tortoises

Ca Codes (fgc:5000-5002) Fish And Game Code Section 5000-5002



5000. It is unlawful to sell, purchase, harm, take, possess, or transport any tortoise (Gopherus) or parts thereof, or to shoot any projectile at a tortoise (Gopherus). This section does not apply to the taking of any tortoise when authorized by the department.


5001. The provisions of Section 5000 do not prohibit the possession of any tortoise (Gopherus) when the owner can demonstrate that such tortoise was legally acquired and possessed before the effective date of this section. The owner of a tortoise which may be possessed under this section shall mark or otherwise identify such tortoise to the satisfaction of the department, and shall not transfer such tortoise to any other person without prior approval of the department.

5002. The department may issue permits, subject to such terms and conditions as the commission may prescribe, authorizing the possession of any tortoise (Gopherus) or any part or product thereof by an educational or scientific institution or a public zoological garden.


Article 2. Terrapin

Chapter 2. Fully Protected Reptiles And Amphibians

Ca Codes (fgc:5050) Fish And Game Code Section 5050



5050. (a) (1) Except as provided in Section 2081.7, fully protected reptiles and amphibians or parts thereof may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of permits or licenses to take any fully protected reptile or amphibian, and no permits or licenses heretofore issued shall have any force or effect for that purpose. However, the department may authorize the taking of those species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Prior to authorizing the take of any of those species, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an e-mail address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide any relevant information and comments on the proposed authorization. (2) As used in this subdivision, "scientific research" does not include any actions taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code. (3) Legally imported fully protected reptiles or amphibians or parts thereof may be possessed under a permit issued by the department. (b) The following are fully protected reptiles and amphibians: (1) Blunt-nosed leopard lizard (Crotaphytus wislizenii silus). (2) San Francisco garter snake (Thamnophis sirtalis tetrataenia). (3) Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum). (4) Limestone salamander (Hydromantes brunus). (5) Black toad (Bufo boreas exsul).


Chapter 3. Commercial Use Of Reptiles

Ca Codes (fgc:5060-5062) Fish And Game Code Section 5060-5062



5060. "Native reptiles" as used in this chapter means snakes, lizards, turtles, or any other members of the class reptilia native to California.

5061. The commission shall estalish rules and regulations for the commercial take, sale, transport, export, or import of native reptiles.

5062. Notwithstanding any other provision of law, no permit shall be issued for the operation of a farm for alligators or any species of the family crocodilidae if the animals are kept for the use and sale of the meat or hides. No permit for the operation of a farm for alligators or any species of the family crocodilidae shall be renewed if the animals are kept for the use and sale of the meat or hides.


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