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CA laws re: need a fishing license just to possess native herps in your home?

angusblack Sep 19, 2005 12:45 PM

Hello everybody,

I have seen several discussions about whether a fishing license is required just to keep native California herps. I wrote to the CA Dept. of Fish and Game for clarification, and I received a response today that verifies that a license is NOT needed just to possess up to the legal limit of legally collected native reptiles in your home. I have heard people say that they have received various responses to this question depending on who they spoke to, so I intend to keep a copy of this letter I received in case there is ever any question. I will post the letter below.

Thanks,

Angus

The letter:

Angus;

Our license requirements are:

Anyone 16 years of age and older must have a fishing license to take
any kind of fish, mollusk, invertebrate, amphibian or crustacean in
California, except for persons angling from a public pier in ocean or
bay waters. A license is required to take reptiles, except for
rattlesnakes. The exveption is on free fishing days when a license is
not required.

Take is defined as "Hunt, pursue, catch, capture or kill fish,
amphibians, reptiles, mollusks, crustaceans or invertebrates or
attempting to do so." However, you are not required to possess a fishing
license to have a legally taken limit of fish or reptiles in your home.

Dennis P. Lee, Supervising Biologist
Fisheries Programs Branch
California Department of Fish and Game
1701 Nimbus Road, Suite C
Rancho Cordova, CA 95670
Field Station (916) 358-2833
FAX (916) 358-2857
Cellular (916) 952-6915
dlee@dfg.ca.gov

Replies (3)

herper Sep 19, 2005 06:26 PM

That's a nice response from a fisheries biolologist but he is not correct. He never addressed the issue of "Possesion" which is also part of the regs. You need to get a letter like that signed by someone in enforcement.

>>Dennis P. Lee, Supervising Biologist
>>Fisheries Programs Branch
>>California Department of Fish and Game
>>1701 Nimbus Road, Suite C
>>Rancho Cordova, CA 95670
>>Field Station (916) 358-2833
>>FAX (916) 358-2857
>>Cellular (916) 952-6915
>>dlee@dfg.ca.gov

tgreb Sep 19, 2005 06:59 PM

you better contact law enforcement. Two different entities. And a letter does not mean a thing if it is not the correct info. I have a friend here in MI that got a letter from the law enforcement branch ot the MI DNR saying it was ok to purchase and resell cb blandings turtles. $13,000 later he is on probabtion for doing it. Just be sure. Try to get a copy of the rules.

reptoman Sep 20, 2005 08:09 AM

I think we may be talking sumantics here? I read this to say in order to take an animal leagally form the wild one needs a license. If you have an animal in your home, one would "wisely" want to retian the license or number this was legally taken under. So you are requird to have a license, I as an out of state person will consider buying an out of state license or my som may help me capture a certian specie of lizard from California, but I will have documentation that it was legally captured and is being retianed under the aspucies of this license should I ever be questioned. And may I also say that the proof or burden of proof is on you to know the law. I have actually in the past goptten two different "quotes" from FIsh & Game, I have found enforcement to be the best place to go....Just my two cents.
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