California ban on Non native Frogs and Turtles? (subject bar cut it off).


In an action that hits much closer to home, we have learned that the California Fish and Game Commission is considering major changes to Title 14 of the California Code of Regulations. For the record, that title governs New Restricted Species Permits and Requirements.

Affected sections include:
A.671, which contains the list of restricted species that are unlawful for any person to import, export, transport, maintain, dispose or use except as authorized in a permit.
B. 671.1, which establishes the categories of permits that allow a person to use animals restricted by 671.
C. 671.7, which states the Department may issue permits for animals listed in Section 671.
They are also creating a new Section, 703, which will contain the restricted species permit fees and form numbers.

While the proposal talks mostly about barramundi and four options to allow/limit their sale, it also:
A. Affects herps, expanding current regulations to ban all Gila monsters, and -- as of the last public hearing -- proposing that all non-native turtles and frogs be banned
B. Drastically raises fees, doublingapplication fees and adding newinspection fees
C. Allows the department to adjust fees and rules more loosely going forward, and
D. Gives the department broad new powers for enforcement. For this last, following are a few of the items they are trying to sneak into law:

Subsection 671.1(a)(2) will be modified to allow that the department may enter all holding facilities, vehicles, vessels or other places where restricted species are kept or may be keptand these inspections may be made at any time with or without prior notification.

Subsection 671.1(a)(10) will be added to allow the Department to confer withother state and federal agencies or any other person or entityin order to verify information on the application or to determine if the importation, transportation, or possession of any animal requested will be in the best interest of the state and animal.

Subsection 671.1(b) will be modified to state the fees will be adjusted annuallyand moved to the new Section 703 and that the department may make amendments to existing permits under certain conditions.

Subsection 671.1(c)(2)(J)(4) will be added to require the permit holder to immediately report the escape or release of the wild animalto the Department and the nearest law enforcement
agency.

Finally, the state has pre-determined that these changes will have “no” financial impact “because this regulation does not affect any local entity or program.”

The HSUS is a major player behind the scenes in pushing these new rules.

The full story can be found here: . Note that the proposed changes are on the lower left link, and the redlined ruleson the lower right.

As noted in the fine print, the next public hearing on this topic will be on March 3, 2009. We are currently formulating an action plan, but in the meantime please review the proposed rules and be ready to comment. This will be another major battle alongside S-373.

Thank you as always for reading,

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