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http://www.dfg.ca.gov/news/Question: I am considering venomous snake rescue and relocation and am hoping you will direct me to the proper department. What laws or permits are involved in such a hobby? Are there designated release locations for rescued snakes? Do I need a permit?
Answer: All native reptiles and amphibians are protected under California Fish and Game laws and may not be taken except as authorized by those laws. The laws do not include take for the purposes you describe. But, a limited version of the business may legally be conducted under the Freshwater Sport Fishing Regulations (www.dfg.ca.gov/regulations/FreshFish-Mar2011/).
According to retired Department of Fish and Game (DFG) Captain Phil Nelms, some species, including rattlesnakes, may be taken under the authority of the regulations. Under the provisions of these regulations, any person with a current sport fishing license may take the number of snakes provided as the "bag limit" for that species each day (California Code of Regulations Title 14, Section 5.60). However, if you are taking rattlesnakes only, no fishing license is required and the bag limit is two rattlesnakes per day.
Additional regulations protect native reptiles and amphibians taken from the wild, as well as those held in captivity, from being sold or released back into the wild. Live snakes that are immediately released in the area where taken are not considered to be captive (CCR Title 14, Section 40).
It is permissible to conduct a snake removal business as long as you operate within the parameters of these sport fishing laws. You may also need to have a local business license.
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Fish and Game Code Section 8276.2(c) provides the Director with the authority to delay the December 1 opening, due to......