SECTIONS 2150-2157 - California Statutes

FISH AND GAME CODE

SECTION 2150-2157

2150. (a) (1) The department, in cooperation with the Department of
Food and Agriculture, may, upon application, issue a written permit
to import into, possess, or transport within this state any wild
animal enumerated in, or designated pursuant to, Section 671 of Title
14 of the California Code of Regulations, upon a determination that
the animal is not detrimental or that no damage or detriment can be
caused to agriculture, native wildlife, the public health or safety,
or the welfare of the animal, as a result of the importation,
transportation, or possession.
(2) A permit may be issued to any person only upon application and
payment of a nonrefundable application fee in an amount determined
by the department pursuant to Section 2150.2. Application forms shall
be provided by the department and shall be designed to ascertain the
applicant's ability to properly care for the wild animal or animals
the applicant seeks to import, transport, or possess. Proper care
includes providing adequate food, shelter, and veterinary care, and
other requirements the commission may designate.
(b) The commission or the department shall deny a permit and the
commission shall revoke a permit if it finds that a permittee or
applicant has failed to meet, or is unable to meet, the requirements
for importing, transporting, possessing, or confining any wild animal
as established pursuant to Section 2120.
(c) A zoo is exempt from any permit requirement pursuant to this
chapter except for animals whose importation, transportation, or
possession is determined by the department, in cooperation with the
Department of Food and Agriculture, to be detrimental or cause damage
to agriculture, native wildlife, or the public health or safety. For
purposes of this section, "zoo" means any organization which is
accredited as meeting the standards and requirements of the American
Zoo and Aquarium Association (AZA). Any California organization which
is not accredited by the AZA may apply to the department for a
waiver of specified permit requirements of this chapter. The
department may grant or deny the request for a waiver for justified
reasons. Foreign zoos outside this state are not subject to the
permit requirements of this chapter beyond those specific permit
requirements affecting California zoos or organizations with which
they are collaborating. Any organization may appeal the determination
of the department to the commission.
(d) An exhibitor licensed by the United States Department of
Agriculture or a dealer who is so licensed who buys any animal
specified in subdivision (c) from a zoo within the state, may sell or
transfer it only to a private individual who has a permit issued
pursuant to this section prior to the receipt of the animal or to a
public or private organization that has a permit issued pursuant to
this section prior to the receipt of the animal. The exhibitor or
dealer who sells or transfers that animal shall pay a fee pursuant to
Section 2150.2 to the department.
(e) Any university, college, governmental research agency, or
other bona fide scientific institution, as defined in regulations
adopted by the commission, engaging in scientific or public health
research is exempt from any permit requirement pursuant to this
chapter except for animals whose importation, transportation, or
possession is determined by the department, in cooperation with the
Department of Food and Agriculture, to be detrimental or cause damage
to agriculture, native wildlife, or the public health or safety.
(f) Notwithstanding the provisions of this section, every zoo,
university, college, governmental research agency, or other bona fide
scientific institution shall comply with the requirements of
subdivision (a) of Section 2193 for all animals the zoo, university,
college, governmental research agency, or other bona fide scientific
institution possesses that are enumerated in, or designated pursuant
to, Section 671 of Title 14 of the California Code of Regulations.

2150.1. Fees collected pursuant to this chapter for permits, permit
applications, and facility inspections shall be deposited in the
Fish and Game Preservation Fund. The department shall annually
identify the amount collected for each type of permit, permit
application, or inspection for which a fee is collected.

2150.2. The department shall establish fees for permits, permit
applications, and facility inspections in amounts sufficient to cover
the costs of administering, implementing, and enforcing this
chapter.

2150.3. (a) The director shall appoint a committee to advise the
director on the humane care and treatment of wild animals.
(b) The committee shall make recommendations to the director for
the establishment of standards of performance for administration and
enforcement, which shall include, but are not limited to, requiring
that the eligible local entity possess a knowledge of humane wild
animal training methods.
(c) The committee shall make recommendations to the director as to
the frequency of inspections necessary for the enforcement and
administration of any provision concerning the possession of,
handling of, care for, or holding facilities provided for, a wild
animal designated pursuant to Section 2118.
(d) The committee shall advise and assist the director in entering
into memorandums of understanding with eligible local entities and
in determining whether the memorandums of understanding meet the
requirements of this chapter.

2150.4. (a) The department or an eligible local entity shall
inspect the wild animal facilities, as determined by the director's
advisory committee, of each person holding a permit issued pursuant
to Section 2150 authorizing the possession of a wild animal.
(b) In addition to the inspections specified in subdivision (a),
the department or an eligible local entity, pursuant to the
regulations of the commission, may inspect the facilities and care
provided for the wild animal of any person holding a permit issued
pursuant to Section 2150 for the purpose of determining whether the
animal is being cared for in accordance with all applicable statutes
and regulations. The department shall collect an inspection fee, in
an amount determined by the department pursuant to Section 2150.2.
(c) No later than January 1, 2009, the department, in cooperation
with the committee created pursuant to Section 2150.3, shall develop,
implement, and enter into memorandums of understanding with eligible
local entities if the department elects not to inspect every wild
animal facility pursuant to subdivisions (a) and (b). Eligible local
entities shall meet the criteria established in regulations adopted
pursuant to subdivision (b) of Section 2157.

2150.5. Classes, orders, families, genera, and species which may
not be imported, transported, possessed, or released alive in this
state solely because of concern for the welfare of the animal may be
possessed under permit when the owner can demonstrate that such
animal was legally acquired and possessed in California before the
effective date of this section. The department may require the owner
of an animal which may be possessed under this section to mark or
otherwise identify such animal and progeny, so as not to endanger the
welfare of that animal, to the satisfaction of the department. The
owner shall not transfer such animal or progeny to any other person
without prior approval of the department.

2151. A permit shall be issued only upon written application from
the person desiring to import or transport the species, enumerating
all of the following:
(a) The approximate number and true scientific name of each
species of wild animal for which a permit is requested.
(b) The carrier and probable point of first arrival in this State
of each shipment of such species.
(c) The purpose for which they are to be imported or transported.
(d) The name and address of the consignee.
(e) The name and address of the consignor.

2152. Each permit issued shall set forth all of the following:
(a) The number and true scientific name of the species of wild
animal for which the permit is granted.
(b) A statement of the manner and conditions under which the entry
of such species is permitted.
(c) A statement of the conditions under which the species shall be
kept after importation or during transportation.

2153. Whenever any permit is issued under the provisions of this
article, one copy shall be sent by the department to the State
Department of Food and Agriculture, one copy to the county
agricultural commissioner or to the state plant quarantine officer
having jurisdiction at the place designated in the application as the
probable point of first arrival in the state of such species, and
one copy shall accompany each shipment of wild animals involved.

2155. The provisions of this chapter and regulations adopted
pursuant thereto shall apply to the progeny of any wild animal
imported or possessed under such laws and regulations, except that no
permit shall be required for the possession of progeny if a permit
has already been obtained by the owner for the parent, and the
progeny are kept at the same site.

2156. Neither the provisions of this chapter nor the regulations of
the commission shall prevent any city or county from enacting
ordinances relating to the possession or care of wild animals
provided such ordinances are more restrictive.

2157. (a) Every person holding a permit issued pursuant to Section
2150 shall uniquely identify each wild mammal that poses a risk to
the health and safety of the public and report this identification to
the department to maintain in a registry.
(b) The commission shall adopt regulations that address the
following:
(1) Identify the mammals that pose a risk to the health and safety
of the public and are subject to subdivision (a). This
identification shall include the following species of mammals: wild
cats, elephants, nonhuman primates, bears, and wolves.
(2) Acceptable forms of identification.
(3) How and when a permittee must notify the department of the
unique identifier required in subdivision (a).
(c) The department shall establish a registry listing the permit
number, type, expiration date, the name and address of the permittee,
and an inventory of each mammal and to the identification assigned
or affixed to the mammal pursuant to subdivision (a) that is covered
by the permit.
(d) These regulations shall be developed and adopted by the
commission, on or before January 1, 2007.