Section 651 - Commercial Take of Native Reptiles and Amphibians for Scientific or Educational Institutions(a) Native reptiles and amphibians may be sold to scientific or educational institutions only by owners of biological supply houses who have been issued a permit by the department for such purposes. A natural person who holds a valid Commercial Native Rattlesnake Permit pursuant to Section 42 or an out-of-state commercial developer of biomedical and therapeutic agents shall be considered a scientific or educational institution for the purposes of this section. (1) Permits shall be issued on an annual basis, commencing April 1 of each year, and expiring on March 31 of the following year, or for the unexpired portion of any permit year commencing April 1.(2) To defray costs incurred in the administration of these regulations, a fee of $50 shall be paid to the department by each applicant upon the filing of an application for a permit.(3) Applications for a permit to sell native reptiles and amphibians to scientific or educational institutions shall be submitted on forms provided by the department. Applications shall be accompanied by a copy of applicable city or county business permits, and shall include a list of employees or agents authorized by the supply house owner to collect native reptiles or amphibians for the supply house, pursuant to these regulations.(b) Field Collecting Permit. Native reptiles and amphibians may be taken for sale to scientific or educational institutions only by owners of biological supply houses who have been issued a permit by the department pursuant to subsection (a) above, and by authorized employees or agents of such biological supply houses, only under authority of a field collecting permit issued by the department. (1) The department may issue a field collecting permit to an owner of a biological supply house upon receipt by the department of the original copy of a written request for purchase from a faculty or staff member of a scientific or educational institution, accompanied by a statement from the supply house owner indicating (A) the name of the owner, authorized employees, or agents who will collect the specimens requested; (B) the species and number of each species the owner or each employee or agent will collect; and (C) the estimated beginning and ending dates of such collecting.(2) The field collecting permit shall indicate the names of those authorized to collect the specimens requested by the scientific or educational institution.(3) The field collecting permit shall indicate the maximum number of each species requested by the scientific or educational institution that the supply house is authorized to collect and possess.(4) The field collecting permit shall indicate the inclusive dates during which collecting of the specimens requested by the scientific or educational institution is authorized, and the date by which such specimens shall be shipped.(5) Specimens collected pursuant to a field collecting permit may be held only on the premises of a biological supply house following expiration of the authorized collecting period, but shall not be held on the premises of the supply house later than the authorized shipping deadline.(c) Each owner, employee, or agent of a biological supply house collecting under authority of this section, shall have in his possession, in addition to his own copy of a field collecting permit, a copy of the permit issued to the biological supply house pursuant to Section 651(a) of these regulations, and, if amphibians are to be collected, a valid commercial fishing license.(d) Each owner, employee, or agent of a biological supply house collecting under authority of a field collecting permit shall collect only those species and numbers authorized by the field collecting permit. Any species possessed in the field that is not authorized by the field collecting permit shall be considered to have been collected for commercial purposes and shall be a violation of these regulations.(e) Delivery. (1) All deliveries or shipments of reptiles or amphibians taken under authority of this section shall be accompanied by the original copy of the field collecting permit issued to the supply house owner. Shipments via the U.S. Postal Service or private carrier shall have this document attached to the outside of the shipping container, which shall be labeled: "Live Reptiles/Amphibians--Handle With Care."(2) Possession by the scientific or educational institution of the original copy of the field collecting permit, which accompanies the shipment or delivery of the reptiles or amphibians taken pursuant to this section, shall constitute authority for the scientific or educational institution to possess the specimens purchased pursuant to this section.(f) Methods of Take. (1) Amphibians shall be taken only by hand or by a dip net.(2) Reptiles shall be taken only by hand or by the following hand-operated devices: (3) It is unlawful to use crowbars, tire irons, jackhammers, winches, explosive devices, or any other method or means of collecting that involves removal or breaking apart of rocks, granite flakes, or other shelters in or about which reptiles or amphibians may be found.(4) It is unlawful to take reptiles or amphibians by means of pit-traps or can-traps.(g) Closures. (1) No reptiles or amphibians may be taken from within the boundaries of State Parks or National Parks or Monuments, including public roadways therein.(2) No reptiles or amphibians may be taken from within the boundaries of ecological reserves designated by the Commission, including public roadways therein.(3) No garter snakes (Thamnophis sp.) may be taken in San Mateo County.(h) The supply house owner shall be responsible for compliance by its employees or agents with these regulations. The department may refuse to authorize owners, employees, or agents of biological supply houses to collect or sell native reptiles or amphibians upon conviction of a violation of these regulations by a court of competent jurisdiction.(i) Any permit issued pursuant to these regulations may be cancelled or suspended at any time by the commission for cause after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction.Cal. Code Regs. Tit. 14, § 651
1. New section filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24). For history of former section, see Register 70, No. 35.
2. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
4. Amendment of subsection (a) and NOTE filed 11-28-2018; operative 1-1-2019 (Register 2018, No. 48). Note: Authority cited: Sections 1002, 5061, 6851 and 6896, Fish and Game Code. Reference: Sections 1002, 5050, 5060, 5061, 6850, 6852, 6854, 6855, 6895 and 6896, Fish and Game Code.
1. New section filed 6-11-79; effective thirtieth day thereafter (Register 79, No. 24). For history of former section, see Register 70, No. 35.
2. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
3. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
4. Amendment of subsection (a) and Note filed 11-28-2018; operative 1/1/2019 (Register 2018, No. 48).