Albino Rattlesnakes

March 23, 2023

Question: I’m an out-of-state licensed reptile breeder and I have a potential customer in California who wants to legally acquire captive bred albino Western Diamondback rattlesnakes (Crotalus atrox). I read that they might be a restricted species. Would the customer need a permit to purchase the snakes?

Answer: No, a permit would not be necessary in this case. However, we appreciate you checking because the regulations are complicated. First, Crotalus atrox, while native to California, isn’t a restricted species. Currently, there are no native amphibians or reptiles that are a restricted species per California Code of Regulations (CCR), Title 14, sections 671(c)(3) and 671(c)(7). Note that the term "native" refers to all individuals from species and subspecies indigenous to California regardless of whether they are captive bred or from outside the state per CCR, Title 14, section 1.67.

Second, CCR, Title 14, section 40(a) states that importation of native California amphibians and reptiles is prohibited without permission from CDFW. That permission is afforded through various permits and licenses depending on the purpose of the importation, but the only one that currently applies to the pet trade is a Native Reptile Propagation Permit issued per CCR, Title 14, section 43. That section is limited to the three species of snakes that may be commercially bred: Lichanura orcutti, Lampropeltis californiae, and Pituophis catenifer (subsection 43(c)). Additionally, captively bred albino native reptiles are exempt from the requirement to possess a permit to purchase, breed, and sell (subsection 43(a)(7)), and they can be imported and exported without a permit from CDFW.

Third, note that albinos are defined as individual native reptiles lacking normal body pigment and having red or pink eyes. Therefore, if your albinos do not meet both specifications they would not be exempted from the importation prohibition in CCR, Title 14, section 40(a).

In summary, as long as your albino rattlesnakes meet the physical description in the regulations, they are exempt from the prohibition on importation and the requirement of the recipient to purchase a propagation permit. However, note that some local jurisdictions have ordinances against possession of venomous animals, so the customer should check to see if they live in one of those areas.