Section 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.Cal. Code Regs. Tit. 14, § 40
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 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.
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 filed 1-10-2002; operative 1-1-2002 pursuant to Fish and Game Code sections 202 and 215 (Register 2002, No. 2).