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California

West's Annotated California Codes. Fish and Game Code. Division 5. Protected Reptiles and Amphibians

Statute Details
Printable Version
Citation: CA FISH & G 5000 - 5062

Citation: West's Ann. Cal. Fish & G. Code 5000 - 5062


Last Checked by Web Center Staff: 11/2012

Summary:   These sections are the California statutes that specifically protect certain reptiles and amphibians.  The sections enumerate the protected species and strictly prohibit taking and possession, with  a narrow exception that may be granted by permit to an educational or scientific institution or a public zoological garden.


Statute in Full:

§ 5000.  Sale, taking, etc., of tortoise or parts thereof

§ 5001. Prior possession; identification marks; approval for transfer

§ 5002. Permits authorizing possession

§ 5020.  Taking Unlawful - § 5020. Repealed by Stats.2007, c. 285 (A.B.1729), § 103

§ 5050. Taking or possession prohibited; licenses and permits; necessary scientific research; legal imports; fully protected reptiles and amphibians specified

§ 5060. Native reptiles defined

§ 5061. Rules and regulations

§ 5062. Farm permits; alligators or any species of family crocodilidae; sale of meat or hides

 

 

§ 5000.  Prohibited Sale, Purchase, Capture, etc., of Tortoise   

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.

CREDIT(S)
(Stats.1957, c. 456, p. 1393, § 5000. Amended by Stats.1961, c. 267, p. 1296, § 1; Stats.1972, c. 301, p. 573, § 1; Stats.1977, c. 1208, p. 4083, § 14.)

 

§ 5001.  Authorized Possession; Identification and Approved Transfer   

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.

CREDIT(S)
(Added by Stats.1972, c. 301, p. 573, § 2.)

 

§ 5002.  Permits for Possession by Certain Institutions   

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.

CREDIT(S)
(Added by Stats.1972, c. 301, p. 573, § 3.)

 

§ 5020.  Taking Unlawful - § 5020. Repealed by Stats.2007, c. 285 (A.B.1729), § 103   

 

§ 5050.  Taking or possession prohibited; licenses and permits; necessary scientific research; legal imports; fully protected reptiles and amphibians specified - AMENDED 2012

SEC. 2. Section 5050 of the Fish and Game Code is amended to read:

 

<< CA FISH & G § 5050 >>

 

5050. (a)(1) Except as provided in Section 2081.7, 2081.9, or 2835, 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 email 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).

 

Former Text:

(a)(1) Except as provided in Section 2081.7 or 2835, 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).

CREDIT(S)

(Added by Stats.1970, c. 1036, p. 1849, § 7. Amended by Stats.2002, c. 617 (S.B.482), § 5; Stats.2003, c. 735 (S.B.412), § 3; Stats.2011, c. 596 (S.B.618), § 6.)

 

§ 5060.  "Native Reptiles"   

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

CREDIT(S)
(Added by Stats.1974, c. 605, p. 1447, § 8.)

 

§ 5061.  Rules and Regulations   

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

CREDIT(S)
(Added by Stats.1974, c. 605, p. 1447, § 8.)

 

§ 5062.  Permits for Operation of Farms for Alligators or any Species of Crocodilidae   

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.

CREDIT(S)

(Added by Stats.1991, c. 776 (S.B.1013), § 1.)

 

 



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