Question on Taxonomy and Laws

[CynCD]

Ok, according to Fish and Game Code in California:

2118. It is unlawful to import, transport, possess, or release
alive into this state, except under a revocable, nontransferable
permit as provided in this chapter and the regulations pertaining
thereto, any wild animal of the following species:

Class Aves: (birds)
Family Cuculidae (cuckoos) <--used this as an example
Class Mammalia (mammals)
Order Primates <--Another example
All species except those in family
Hominidae
Class Reptilia (snakes, lizards, <--area in question
turtles, alligators)
Family Crocodilidae
All species.

Fish and Game code states that all species in the Crocodilidae Family are restricted.

Example: Nile Crocodile, Class Reptilia, Order Crocodilia, Family Crocodilidae would be illegal under California Fish and Game Code.

BUT: American Alligator, Class Reptilia, Order Crocodilia, Family ALLIGATORIDAE.

Now Fish and Game Code specifies ORDER and FAMILY as shown above with Aves (birds, cuckoos) and Mammalia (mammals, primates).

If you follow taxonomy specifically, aren't alligators (Family Alligatoridae NOT Family Crocodilidae) legal in California, example: American Alligator, Class Reptilia, Order Crocodilia, Family Alligatoridae, Genus Alligator, Species A. mississippiensis?

Also caimans (Family Alligatoridae, NOT Family Crocodilidae)? Example: Dwarf Caiman, Class Reptilia, Order Crocodilia, Family Alligatoridae, Genus Paleosuchus, Species P. palpebrosus?

Am I getting my taxonomy wrong? Or has the CA Fish and Game Code been misinterpreted? If I'm reading this correctly, Alligators and Caimans are legal in California.

See:
http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=45049614886+1+0+0&WAISaction=retrieve
Section 2118 (f).

 

[Sushee]

You're correct, but. . . . .

I think they made an error in taxonomy when they got the Fish and Game Code approved. There's a simple fix to that, and its a little unfair that these regulations are passed through the Fish and Game board with only requests for comment which often go unnoticed by the public. Regs are not voted on by the legislature or senate either. So these Regs are more or less back-doored in. A lot of people buy poisonous snakes or Gilas in California not realizing that they're illegal, because they're unaware that these CCRs exist.

California Code of Regulations, Title 14

§671. Importation, Transportation and Possession of Live Restricted Animals.
(a) It shall be unlawful to import, transport, or possess live animals restricted in subsection (c) below except under permit issued by the department. Permits may be issued by the department as specified herein and for purposes designated in Section 671.1 subject to the conditions and restrictions designated by the department. Except for mammals listed in Fish and Game Code Section 3950 or live aquatic animals requiring a permit pursuant to Fish and Game Code Section 2271, no permit is required by this section for any animal being imported, transported, or possessed pursuant to any other permit issued by the department. Cities and counties may also prohibit possession or require a permit for these and other species not requiring a state permit.
(b) The commission has determined the below listed animals are not normally domesticated in this state. Mammals listed to prevent the depletion of wild populations and to provide for animal welfare are termed "welfare animals", and are designated by the letter "W". Those species listed because they pose a threat to native wildlife, the agriculture interests of the state or to public health or safety are termed "detrimental animals" and are designated by the letter "D". The department shall include the list of welfare and detrimental wild animals as part of DFG MANUAL NO. 671 (2/25/92) IMPORTATION, TRANSPORTATION AND POSSESSION OF RESTRICTED SPECIES, to be made available to all permittees and other interested individuals.
(c) Restricted species include:

(7) Class Reptilia -Reptiles
(A) Order Crocodilia -Crocodiles, Caimans, Alligators and Gavials: All species.
(B) Family Chelyridae -Snapping Turtles: All species.
(C) Family Elapidae -Cobras, Coral Snakes, Mambas, Kraits, etc.
(D) Family Viperidae -Adders and Vipers.
(E) Family Crotalidae -Pit Vipers: All species except Crotalus viridis (Western rattlesnake), Crotalus atrox (Western diamondback rattlesnake), Crotalus ruber (red diamondback rattlesnake), Crotalus scutulatus (Mojave rattlesnake), Crotalus mitchelli (speckled rattlesnake) and Crotalus cerastes (Sidewinder) not restricted.
(F) Family Colubridae -Colubrids:
1. Dispholidus typus (Boomslang).
2. Theoltornis kitlandii (Bird or vine snake).
3. All species of genus Nerodia (watersnakes).
(G) Family Helodermatidae:
1. Heloderma suspectum suspectum (reticulate Gila monster).