Section § 5050

Explanation

This law makes it illegal to capture or possess certain reptiles and amphibians that are fully protected, with only a few exceptions. No legal permits or licenses can be issued for taking these animals, unless it is for scientific research approved by the department, which aims to help conserve threatened or endangered species. Before permitting such research, affected parties must be informed and allowed to give feedback. The notice will be published, and interested parties have 30 days to respond. "Scientific research" does not include activities related to environmental mitigation for projects. The law lists specific species that are fully protected, including the blunt-nosed leopard lizard, San Francisco garter snake, and others. However, if these animals are legally imported, they may be kept under a special permit.

(a)Copy CA Fish and Game Code § 5050(a)
(1)Copy CA Fish and Game Code § 5050(a)(1) Except as provided in this section, or Section 2081.5, 2081.7, 2081.9, 2081.12, 2081.15, or 2835, a fully protected reptile or amphibian 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 a permit or license to take a fully protected reptile or amphibian, and no permit or license previously issued shall have any force or effect for that purpose. However, the department may authorize the taking of a fully protected reptile or amphibian for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected reptile or amphibian, 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 that person’s 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 relevant information and comments on the proposed authorization.
(2)CA Fish and Game Code § 5050(a)(2) As used in this subdivision, “scientific research” does not include an action taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.
(3)CA Fish and Game Code § 5050(a)(3) A legally imported fully protected reptile or amphibian may be possessed under a permit issued by the department.
(b)CA Fish and Game Code § 5050(b) The following are fully protected reptiles and amphibians:
(1)CA Fish and Game Code § 5050(b)(1) Blunt-nosed leopard lizard (Gambelia sila).
(2)CA Fish and Game Code § 5050(b)(2) San Francisco garter snake (Thamnophis sirtalis tetrataenia).
(3)CA Fish and Game Code § 5050(b)(3) Santa Cruz long-toed salamander (Ambystoma macrodactylum croceum).
(4)CA Fish and Game Code § 5050(b)(4) Limestone salamander (Hydromantes brunus).
(5)CA Fish and Game Code § 5050(b)(5) Black toad (Bufo boreas exsul).