A few things first, You don’t need a 100W basking light, save some money and stick with a 40-60W. Also you don’t need the under tank heater, They will do just fine year round with no additional heat at night. It is currently agents the law in California to release any reptile that has been in captivity, even if you have only had them a day according to the DFG you can not release them however there is stipulation in the regulation book that says you can if you get prior written permission from the DFG however they really are bad at getting back to you. I have done many studies on collection and release and recollected many individuals through the years with no signs of ill effect. There is however a lot of literature out there on the tortises of S. California and how they are dieing off do to an URI that came from a tortise that was released from a captive environment. Under certain circumstances I see no problem with it but it can have ill effects, Below is the entire regulation list as it is posted on the fish and game website, Please note there are several spelling and grammar errors as this was just copied and pasted your tax dollars at work The part pertaining to your question is highlighted in green for you.


CALIFORNIA DEPARTMENT OF FISH AND GAME REPTILE REGULATIONS



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Fish and Game Code Excerpts
5061 Rules and Regulations. The commission shall estalish rules
and regulations for the commercial take, sale, transport, export, or
import of native reptiles.
6896 Rules for Commercial Take, Sale, Transport, etc. Except
as otherwise provided in this chapter, the commission shall establish
rules for the commercial take, sale, transport, export, or import of
native amphibians.
California Code of Regulations, Title 14 Excerpts
1.67. Native Reptiles and Amphibians.
Native reptiles and amphibians are those subspecies, and
species which have no subspecies in California, including all color
phases, of the classes Reptilia and Amphibia indigenous fo Cali-
fornia whether taken from the wild or produced in captivity.
5.05. Amphibians.
(a) Only the following amphibians may be taken under the
authority of a sportfishing license, subject to the restrictions in
this section. No amphibians may be taken from ecological reserves
designated by the commission in Section 630 or from state parks,
or national parks or monuments.
(1) Pacific giant salamander (Dicamptodon tenebrosus)
(2) California giant salamander (Dicamptodon ensatus)
(3) Southern Seep (Torrent) Salamander (Rhyacotriton
variegatus)
(4) Rough-skinned newt (Taricha granulosa)
(5) California newt (Taricha torosa)
(6) Red-bellied newt (Taricha rivularis)
(7) Northwestern salamander (Ambystoma gracile)
(8) Long-toed salamander (Ambystoma macrodactylum),
except Santa Cruz long-toed salamander (Ambystoma
macrodactylum croceum)
(9) Black salamander (Aneides flavipunctatus)
(10) Clouded salamander (Aneides ferreus)
(11) Arboreal salamander (Aneides lugubris)
State of California - The Resources Agency
DEPARTMENT OF FISH AND GAME
NATIVE REPTILE AND AMPHIBIAN CAPTIVE PROPAGATION
LAWS AND REGULATIONS
This document is designed to provide essential information about native reptile and amphibian captive propagation. It
does not provide complete coverage of all native reptile and amphibian captive propagation laws and regulations.
Although this document contains excerpts from the Fish and Game Code, and/or the California Code of Regulations,
Title 14, it is the permittees responsibility to know and obey all laws and regulations in effect while he/she is participating
in native reptile and amphibian captive propagation activity. Changes to either code may occur at any time during the
year.
Any discrepancies between this document and the codes(s) from which it was prepared will be enforced and adjudicated
according to the official code(s) in effect on the date the activity takes place.
LAS 9124
FG 1502 (7/03)
Visit our Web site at www.dfg.ca.gov
(12) California slender salamander (Batrachoseps
attenuatus): See Special Closure (f)(1)
(13) Pacific slender salamander (Batrachoseps pacificus): See
Special Closure (f)(1)
(14) Relictual slender salamander (Batrachoseps relictus):
See Special Closure (f)(1)
(15) Dunn's salamander (Plethodon dunni)
(16) Ensatina salamander (Ensatina eschscholtzii)
(17) Western toad (Bufo boreas)
(18) Woodhouse's toad (Bufo woodhouseii)
(19) Red-spotted toad (Bufo punctatus)
(20) Great Plains toad (Bufo cognatus)
(21) Great Basin spadefoot toad (Scaphiopus (Spea)
intermontana)
(22) Couch's spadefoot toad (Scaphiopus (Spea) couchii)
(23) California chorus frog (Pseudacris (Hyla) cadaverina)
(24) Pacific chorus frog (Pseudacris (Hyla) regilla)
(25) Northern leopard frog (Rana pipiens)
(26) Southern leopard frog (Rana yutricularia)
(27) Rio Grande leopard frog (Rana berlandieri)
(28) Bullfrog (Rana catesbeiana)
(b) Open season: All year. The season closures in Chapter 3
(District Trout and Salmon District General Regulations and Special
Regulations) do not apply to fishing for amphibians with methods
other than hook and line (see sections 7.00 and 7.50(a)(2)).
(c) Limit: The daily bag and possession limit for each of the
amphibian species listed in subsection (a), above, is four except
for bullfrogs, which have no daily bag or possession limit.
(d) Hours: Amphibians may be taken at any time of day or
night.
(e) Methods of take:
(1) Amphibians may be taken only by hand, hand-held dip
net, or hook and line, except bullfrogs may also be taken by lights,
spears, gigs, grabs, paddles, bow and arrow, or fishing tackle.
(2) It is unlawful to use any method or means of collecting
that involves breaking apart of rocks, granite flakes, logs, or other
shelters in or under which amphibians may be found.
(f) Special closures:
(1) No slender salamanders (Batrachoseps spp.) may be

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taken from Inyo and Mono counties and from the Santa Rosa
Mountains, Riverside County.
5.60. Reptiles.
(a) General Provisions: Only the following reptiles may be
taken under the authority of a sportfishing license, subject to the
restrictions in this section. The limit for each of the species listed
below is two, unless otherwise provided. Limit, as used in this
section, means daily bag and possession limit. No reptiles shall
be taken from ecological reserves designated by the commission
in Section 630 or from state parks, or national parks or monuments.
(b) No sportfishing license is required for the sport take of
any rattlesnake.
(1) Painted turtle (Chrysemys picta): Limit: No limit.
(2) Slider Turtle (Pseudemys (Trachemys) scripta): Limit: No
limit.
(3) Spiny softshell turtle (Trionyx spiniferus): Limit: No limit.
(4) Western banded gecko (Coleonyx variegatus)
(5) Desert iguana (Dipsosaurus dorsalis)
(6) Chuckwalla (Sauromalus obesus)
(7) Zebra-tailed lizard (Callisaurus draconoides)
(8) Colorado Desert fringe-toed lizard (Uma notata)
(9) Mojave fringe-toed lizard (Uma scoparia)
(10) Desert spiny lizard (Sceloporus magister)
(11) Granite spiny lizard (Sceloporus orcutti)
(12) Western fence lizard (Sceloporus occidentalis): Limit:
Species No. 12-16 have a limit of twenty-five (25) in the aggregate
(13) Sagebrush lizard (Sceloporus graciosus): Limit: Species
No. 12-16 have a limit of twenty-five (25) in the aggregate
(14) Side-blotched lizard (Uta stansburiana): Limit: Species
No. 12-16 have a limit of twenty-five (25) in the aggregate
(15) Western skink (Eumeces skiltonianus): Limit: Species
No. 12-16 have a limit of twenty-five (25) in the aggregate
(16) Desert night lizard (Xantusia vigilis): Limit: Species No.
12-16 have a limit of twenty-five (25) in the aggregate
(17) Long-tailed brush lizard (Urosaurus graciosus)
(18) Tree lizard (Urosaurus ornatus)
(19) Small-scaled lizard (Urosaurus microscutatus)
(20) Desert horned lizard (Phrynosoma platyrhinos)
(21) Short-horned lizard (Phrynosoma douglassii)
(22) Great basin collared lizard (Crotaphytus bicintores)
(23) Banded rock lizard (Petrosaurus mearnsi)
(24) Baja California collared lizard (Crotaphytus vestigum)
(25) Long-nosed leopard lizard (Gambelia wislizenii)
(26) Gilbert's skink (Eumeces gilberti)
(27) Western whiptail (Cnemidophorus tigris)
(28) Southern alligator lizard (Elgaria multicarinata)
(29) Northern alligator lizard (Elgaria coerulea)
(30) California legless lizard (Anniella pulchra), except black
legless lizard (Anniella pulchra nigra): Limit: One (1)
(31) Rubber boa (Charina bottae), except southern rubber
boa (Charina bottae umbratica)
(32) Rosy boa (Lichanura trivirgata)
(33) Ringneck snake (Diadophis punctatus)
(34) Sharp-tailed snake (Contia tenuis)
(35) Spotted leaf-nosed snake (Phyllorhynchus decurtatus)
(36) Racer (Coluber constrictor)
(37) Coachwhip (Masticophis flagellum), except San Joaquin
Coachwhip (Masticophis flagellum ruddocki)
(38) Striped whipsnake (Masticophis taeniatus)
(39) California whipsnake (striped racer) (Masticophis
lateralis), except Alameda whipsnake (Masticophis lateralis
euryxanthus)
(40) Western patch-nosed snake (Salvadora hexalepis).
(41) Glossy snake (Arizona elegans)
(42) Gopher snake (Pituophis melanoleucus): Limit: Four (4)
(43) Common kingsnake (Lampropeltis getula): Limit: Four
(4)
(44) California mountain kingsnake (Lampropeltis zonata),
except San Diego mountain kingsnake (Lampropeltis zonata
pulchra): Limit: One (1). Special Closure: No California mountain
kingsnakes shall be taken in Orange and San Diego counties,
and in Los Angeles County west of Interstate 5.
(45) Long-nosed snake (Rhinocheilus lecontei)
(46) Common garter snake (Thamnophis sirtalis), except San
Francisco garter snake (Thamnophis sirtalis tetrataenia): Special
Closure: No common garter snakes shall be taken in Los Angeles,
Orange, Riverside, San Diego, and Ventura counties.
(47) Terrestrial garter snake (Thamnophis elegans)
(48) Western aquatic (Sierra) garter snake (Thamnophis
couchii)
(49) Pacific coast aquatic garter snake (Thamnophis atratus)
(50) Northwestern garter snake (Thamnophis ordinoides)
(51) Checkered garter snake (Thamnophis marcianus)
(52) Ground snake (Sonora semiannulata)
(53) Western shovel-nosed snake (Chionactis occipitalis)
(54) California black-headed snake (Tantilla planiceps)
(55) Southwestern black-headed snake (Tantilla hobartsmithi)
(56) Lyre snake (Trimorphodon biscutatus)
(57) Night snake (Hypsiglena torquata)
(58) Western blind snake (Leptotyphlops humilis)
(c) Open season: All year.
(d) Hours: Reptiles may be taken at any time of day or night.
(e) Methods of take:
(1) Reptiles may be taken only by hand, except as provided
in subsections (d)(2) and (3) below, or by the following hand-
operated devices:
(A) Lizard nooses.
(B) Snake tongs.
(C) Snake hooks.
(2) Rattlesnakes may be taken by any method.
(3) Turtles may be taken by hook and line. Fishing methods
described in Section 2.00 apply to the take of spiny softshell turtles,
slider turtles and painted turtles.
(4) It is unlawful to use any method or means of collecting
that involves breaking apart of rocks, granite flakes, logs or other
shelters in or under which reptiles may be found.
40. General Provisions Relating to Native Reptiles and Am-
phibians.
(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.

Page 3
(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.
(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.
41.7. Commercial Take and Use of Frogs for Human
Consumption.
No person shall for commercial purposes take, possess, sell,
transport or export frogs for human consumption. This section
shall not apply to frogs raised by registered aquaculturists or frogs
imported into this state. Any person possessing frogs for human
consumption, whether imported or purchased from a registered
aquaculturist, shall maintain and keep receipts, waybills, or bills
of lading dealing with the importation, purchase, or sale of frogs
for a period of one year from the date of receipt of the frogs, and
shall exhibit these on demand to any official of the department.
43. Captive Propagation and Commercialization of Native Rep-
tiles and Amphibians.
(a) Native Reptile and Amphibian Propagation Permit.
(1) Permit Required. Except for pet shops as provided in sub-
section 43(e), every person, who, for commercial purposes, sells,
possesses, transports, imports, exports or propagates native rep-
tiles or amphibians pursuant to subsection 43(c), or who propa-
gates native reptiles and amphibians for noncommercial purposes
pursuant to subsection 43(b), shall have a native reptile and am-
phibian 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 or amphibians 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 or amphibians 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 make on Na-
tive Reptile and Amphibian Propagation Permit Application, Form
#(to be determined) (revision date), which is incorporated by refer-
ence 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 infor-
mation on the species and/or subspecies proposed for propaga-
tion, the location of the rearing facility and other related informa-
tion.
(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.
Permits that expire between the effective date of these regulations
and December 31, 1996, shall be automatically extended through
December 31, 1996.
(4) Denial. The department may deny a permit to any person
who fails to comply with the provisions of a permit or any regula-
tions pertaining to native reptiles or amphibians. Any person de-
nied 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 pro-
viding for an opportunity to be heard, may revoke or suspend a
permit for a violation of the Fish and Game Code, or the Title 14,
CCR, or any federal law or regulation pertaining to reptiles or am-
phibians.
(6) Fees. See Section 699 for permit fees.
(7) Albino Native Reptiles and Amphibians. Albino reptiles and
amphibians are defined as individual native reptiles and amphib-
ians 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 na-
tive albino reptiles or amphibians. The provisions of sections 41.5
and 42.5 apply to the taking and possession of albino native rep-
tiles and amphibians from the wild.
(b) Non-commercial Propagation. The department may autho-
rize the possession and propagation of no more than three spe-
cies and no more than 30 individuals in the aggregate including
progeny under a native reptile and amphibian propagation permit.
Within the overall limit of 30 individuals, the department may au-
thorize no more than four of any one species to be taken from the
wild. Individuals may be taken only by the methods authorized by
sections 41.5 and 42.5. Native reptiles and amphibians 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 pro-
vided in Section 40(e) and except as follows:
(1) Subspecies Authorized. Only the following subspecies may
be propagated, imported, exported, or possessed for commercial
purposes, or purchased or sold pursuant to the provisions of this
section:
(A) California common kingsnake (Lampropeltis getulus
californiae);
(B) California subspecies of the gopher snake (Pituophis
melanoleucus): Great Basin gopher snake (Pituophis melanoleucus
deserticola), Pacific gopher snake (Pituophis melanoleucus
catenifer), San Diego gopher snake (Pituophis melanoleucus
annectens), and Sonora gopher snake (Pituophis melanoleucus
affinis);
(C) California subspecies of the rosy boa (Lichanura trivirgata):
Coastal rosy boa (Lichanura trivirgata roseofusca) and Desert rosy
boa (Lichanura trivirgata gracia).
(2) Bill of Sale. All animals sold pursuant to these regulations
must be accompanied by a numbered bill of sale which shall con-
tain the name and permit number of the permittee, the complete
scientific name of each native reptile sold and the name and ad-
dress of the buyer. A copy of the bill of sale shall be retained by the
buyer.
(d) Limits. Except as otherwise authorized, no person shall
take or possess native reptiles and amphibians taken from the wild
in excess of the bag and possession limits specified in sections
41.5 and 42.5. There are no possession limits for captively-bred
native reptiles and amphibians authorized by subsection 43(c) for
persons possessing a native reptile and amphibian propagation
permit or for which the person has a bill of sale as required in
subsection 43(c)(2).

Page 4
(e) Pet Shops.
(1) Defined. A "pet shop" means a permanent place of busi-
ness, 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 employ-
ees or agents, are not required to obtain a native reptile and am-
phibian propagation permit to purchase, transport directly from the
point of purchase to the pet shop, possess or resell native reptiles
and amphibians purchased from a permittee pursuant to subsec-
tion 43(c). This exemption applies only to native reptiles and am-
phibians 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 the original bill of sale at the pet shop for each native
reptile and amphibian 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 ac-
quired and the scientific name and number of each subspecies of
animals acquired.
(4) Records of Sales. Each native reptile and amphibian 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 or amphibians shall
be sold from any pet shop whose owner or operator, or any em-
ployee or agent selling native reptiles or amphibians from the pet
shop, has been convicted of a violation pertaining to native reptiles
or amphibians within the previous three years.
(f) 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 pe-
rimeter 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 nu-
tritive 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 com-
fort 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 infec-
tious 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 estab-
lished 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 hiberna-
tion. Sick, diseased, stressed, or injured animals shall be provided
with veterinary-approved care 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.
(g) Records. Every permittee shall keep accurate accounting
records for three years in which all of the following shall be re-
corded:
(1) The complete scientific name and number of all native rep-
tiles and amphibians purchased, received, sold, delivered, taken
and possessed.
(2) The person from whom the native reptiles or amphibians
were purchased or received.
(3) The person to whom the native reptiles or amphibians were
sold or delivered.
(4) The date the native reptiles or amphibians 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 hatchlings.
(h) Annual Report Requirement. A copy of the records required
in subsection 43(g) shall be submitted to the department by De-
cember 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 or amphibians were purchased, received, sold,
delivered, taken or possessed during the year is submitted.
(i) Confidentiality of Records. The records and reports filed
with the Department pursuant to subsections 43(g) and (h), and
the information contained therein, shall be confidential and the
records shall not be public records.
(j) Inspection. The department may enter the premises of any
permittee where reptiles or amphibians are maintained, or reason-
ably may be maintained, at any reasonable hour to inspect rep-
tiles, amphibians, 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 com-
mission.
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