Section 43 - Captive Propagation and Commercialization of Native Reptiles(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for noncommercial purposes pursuant to subsection 43(b), shall have a native reptile propagation permit that has not been revoked or suspended issued to that person.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.Cal. Code Regs. Tit. 14, § 43
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.
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).