California ban on Non Native Frogs and Turtles/Tortoises

[John]

These are some a quotes of this thread on caudata.org.

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: <California Fish and Game Commission - Proposed Regulations. 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.

[John]

This is a quote of one of the replies in the same thread

For those Californians that are interested in doing something, here are the relevant hearing dates, times, and locations from the document.

NOTICE IS GIVEN that any person interested may present statements, orally or in writing, relevant to this
action at a hearing to be held in the Resource Building Auditorium, 1416 Ninth Street, Sacramento,
California, on Thursday, February 4, 2010 at 8:30 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS ALSO GIVEN that any person interested may present statements, orally or in writing, relevant
to this action at a hearing to be held at the Double Tree Hotel – Ontario Airport, Ontario, California, on
Wednesday, March 3, 2010, at 8:30 a.m., or as soon thereafter as the matter may be heard.

NOTICE IS FURTHER GIVEN that any person interested may present statements, orally or in writing,
relevant to this action at a hearing to be held in The La Grande Room, Beach Resort Monterey, 2600
Sand Dunes Dr., Monterey, California, on Thursday, April 8, 2010, at 8:30 a.m., or as soon thereafter as
the matter may be heard. It is requested, but not required, that written comments be submitted on or
before March 24, 2010 at the address given below, or by fax at (916) 653-5040, or by e-mail to
FGC@fgc.ca.gov. Written comments mailed, faxed or e-mailed to the Commission office, must be
9
received before 5:00 p.m. on April 6, 2010. All comments must be received no later than April 8, 2010, at
the meeting in Monterey. If you would like copies of any modifications to this proposal, please include your
name and mailing address.

The regulations as proposed in strikeout-underline format and modifications indicated in double
strikeout/underline, as well as an initial statement of reasons, including environmental considerations and
all information upon which the proposal is based (rulemaking file), are on file and available for public
review from the agency representative, John Carlson, Jr., Executive Director, Fish and Game
Commission, 1416 Ninth Street, Box 944209, Sacramento, California 94244-2090, phone (916) 653-4899.
Please direct requests for the above mentioned documents and inquiries concerning the regulatory
process to John Carlson, Jr., or Jon Snellstrom at the preceding address or phone number. Mr. Scott
Barrow, Fisheries Program Branch, Department of Fish and Game, (916) 445-7600 has been
designated to respond to questions on the substance of the proposed regulations. Copies of the
Initial Statement of Reasons, including the regulatory language, may be obtained from the address above.
Notice of the proposed action shall be posted on the Fish and Game Commission website at
California Fish and Game Commission.

[Kurt]

This sucks. So all you Californians fight for your rights. Get your butts to these hearing!

[Kevin1]

I knew these bans would spread... It's a shame too.
I just hope it doesn't pass.

[John]

Received this from USARK:

Oppose CA Regs to Ban Frogs, Turtles and Beaded Lizards
On Wednesday March 3rd there will be a California Fish & Game Commission meeting to discuss proposals to BAN all non native turtles and frogs, as well as severely restrict the ownership of beaded lizards. The meeting will be held in Ontario, CA. USARK has hired professional representation and will attend this meeting to defend the interests of California Herpers. The USARK delegation will include President Andrew Wyatt, Director Gary Bagnall and Senior Advisor George Osborn.

USARK and the Reptile Nation’s position on the proposed rule changes is as follows:
1. We appreciate CA Fish & Game and their desire to protect CA, but all of the facts have not been considered.
2. To date no industry experts have testified, and no hard evidence has been submitted to justify severe regulatory changes.
3. If enacted regulatory changes banning non native turtles and frogs, as well as, beaded lizards could have a serious impact on the economy of CA and result in loss of jobs.
4. We request that serious consideration be given to alternative proposals prior to any rule making.
5. We urge caution be used in assessing potential legal ramifications of any actions taken that would negatively impact legal commerce in captive bred turtles, frogs and beaded lizards.

What happens in California can set precedent across the country. Don’t let ill conceived regulation destroy the Reptile Nation.

Take Action to Stop the Ban on Frogs, Turtles & Beaded Lizards TODAY!
1. Click here if you are a CA Business owner:USARK
2. Click here for all other stakeholders:USARK

We have hired professional consultants to help us fight this proposed Ban on Turtles, Frogs & Beaded Lizards. The financial costs are high.

***Please click the DONATE button at the top of the page to send $10-20 to keep our rights to own and trade in the herps of our choice!!! Please put "CA BAN" in the PayPal notes so we can make sure your donation is used in this campaign.***

For questions or help contact:
Andrew Wyatt
president@usark.org

[mikeald]

Some laws are meant to be broken. Why should people lose their rights and freedoms because of other peoples ignorance,stupidity, or prejudices. And governments get away with it because people don't have the money to fight these social injustices in the court system. California is so broke they are just trying to raise money. They can't afford to enforce these laws. Don't worry, it won't take too many more dumb ideas before the state collapses. And besides going undergound means no paying for permits. To all those in California who can live with in a budget and are tired of a government who can't there is life east of the Rocky Mountains(Unless you're my in-laws, you guys just stay put).