Fish Report for 10-4-2013

Can a pet store keep a garter snake

10-4-2013
CDFG

Question: We own a pet store in the Bay Area and also help to rescue animals and then place them in suitable homes. A client recently asked us to help rescue a 12-year-old garter snake and then adopt it out back to a good home. My questions are, is it even legal for us to possess a garter snake within our shop? Next, if we are able to possess it in our shop, can we charge our standard adoption fees to a new owner for our services in order to help place this snake in a new home?

Answer: If the garter snake is native to California, then it is not legal to sell or even possess within the pet store. According to California Department of Fish and Wildlife (CDFW) Wildlife Officer Kyle Chang, it would also not be legal to charge a fee to rehome the garter snake since they are not on the list of snakes that are legal to "sell" in California, and "sell" includes possession for sale, barter, exchange or trade. Pet shops can only sell snakes under certain conditions. It's also not legal for anyone to release the snake back into the wild. (CCR Title 14, sections 40(c), 40(e), 43(c), 43(c)(1), 43(f)(2) and Fish and Game Code Section 75 all apply to this answer.)

If, however, the garter snake is non-native to California, then CDFW regulations do not apply (except for the illegal release of the garter snake into the wild), but all other state, county and city laws relating to the pet trade may still apply.


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