SECTIONS 2185-2195 - California Statutes

FISH AND GAME CODE

SECTION 2185-2195

2185. (a) Any person who transports, receives, or imports into the
State, or transports within the State, any live wild animal
enumerated in or designated pursuant to Section 2118, shall hold said
animal in confinement for inspection and immediately notify the
nearest enforcing officer of the arrival thereof. If there is found
in any shipment any species not specified in the permit issued under
this chapter, or more than the number of any species specified, said
animals shall be refused admittance as provided in Section 2188 of
this chapter.
(b) Notwithstanding Section 2117, for the purposes of this
section, "enforcing officer" means the enforcement personnel of the
department, the state plant quarantine officers, and county
agricultural commissioners.

2186. (a) If during inspection upon arrival any wild animal is
found to be diseased, or there is reason to suspect the presence of
disease, or there is reason to suspect the presence of disease that
is or may be detrimental to agriculture, to native wildlife, or to
the public health or safety, the diseased animal, and if necessary,
the entire shipment shall be destroyed by, or under the supervision
of, the enforcing officer, unless no detriment can be caused by its
detention in quarantine for a time and under conditions satisfactory
to the enforcing officer for disinfection, treatment, or diagnosis,
or no detriment can be caused by its return to its point of origin at
the option and expense of the owner or possessor.
(b) Notwithstanding Section 2117, for the purposes of this
section, "enforcing officer" means the enforcement personnel of the
department, the state plant quarantine officers, and county
agricultural commissioners.

2187. (a) Whenever any wild animal is brought into this state under
permit, as provided in this chapter, the enforcing officers may,
from time to time, examine the conditions under which that species is
kept, and report to the department any suspicion or knowledge of any
disease or violations of the conditions of the permit or of the
regulations promulgated under this chapter. The enforcing officer may
order the transfer of the animal to new owners or the correction of
the conditions under which the species is being kept if not in
conformance with the terms of the permit, at the expense of the owner
or possessor. If neither transfer or improvement of conditions is
accomplished, the officer may order destruction of the animal.
(b) Notwithstanding Section 2117, for the purposes of this
section, "enforcing officer" means the enforcement personnel of the
department, the state plant quarantine officers, and county
agricultural commissioners.

2189. (a) As used in this section "nonnative wild animal" means any
nonnative animal species, or hybrid thereof, that is not normally
domesticated pursuant to this code or regulations adopted pursuant
thereto and that is not designated as a furbearing, game, nongame,
threatened, or endangered animal.
(b) No person shall import into this state any live nonnative wild
animal except pursuant to this chapter or regulations adopted
pursuant thereto.
(c) Any live nonnative wild animal that is possessed or
transported within this state in violation of this chapter or
regulations adopted pursuant thereto shall be disposed of in
accordance with regulations adopted pursuant to Section 2122, at the
expense of the owner or possessor. The owner or possessor shall pay
the costs associated with the seizure, care, holding, transfer, and
destruction of the animal.
(d) Any live, nonnative wild animal found at large within this
state shall be either summarily destroyed or, if captured, shall be
confined for not less than 72 hours following notification of the
local humane society. Any local, state, or federal governmental
agency that has public safety responsibilities is authorized to
implement this subdivision.
(e) If, during the 72-hour holding period, any person claims
ownership of the animal, that person shall only be allowed to dispose
of the animal pursuant to subdivision (c).
(f) After the 72-hour holding period, if the animal is unclaimed,
it shall be disposed of in accordance with regulations adopted
pursuant to Section 2122 unless the animal is listed as a threatened
or endangered species by either state or federal regulation.
Notwithstanding subdivision (c), if the animal is listed as a
threatened or endangered species in either regulation, the department
shall be notified of the animal's location and the department shall
be responsible for proper disposition.

2190. It is unlawful for any person who keeps in confinement, with
or without a permit, any wild animal of a species enumerated in or
designated pursuant to Section 2118, to liberate, ship, or transport
the animal except in accordance with the conditions of a permit first
obtained from the department.

2192. Notwithstanding Part 2.5 (commencing with Section 18900) of
Division 13 of the Health and Safety Code, Section 11356 of the
Government Code, or any other provision of law, regulations of the
commission relating to the construction, fixtures, and other minimum
caging standards adopted by the commission for the confinement of
live wild animals pursuant to this chapter are not building standards
subject to the approval of the State Building Standards Commission.

2193. (a) Every person who holds a permit issued pursuant to
Section 2150 shall immediately report by telephone the intentional or
unintentional escape or release of the wild animal, to the
department and the nearest enforcing officer of the city or county in
which the wild animal was released or escaped. The permitholder
shall be liable for all expenses associated with efforts to recapture
the wild animal. For the purposes of this subdivision, the
exhibition of a wild animal on a movie set, film set, television set,
still photography set, or any other professional activity allowable
under a permit issued pursuant to Section 2150, does not constitute
an intentional or unintentional escape or release of the wild animal
unless the person exhibiting the wild animal has lost control of the
wild animal.
(b) The commission shall promulgate regulations establishing the
criteria for permitholders to notify the department prior to taking
possession of or transferring an animal and upon the death of an
animal.
(c) These regulations shall be developed and adopted by the
commission on or before January 1, 2007.

2195. When a wild animal enumerated in, or designated pursuant to,
Section 671 of Title 14 of the California Code of Regulations is
properly confiscated by the department, the new custodian with whom
the animal is placed by the department may bring a civil action to
recover the reasonable costs incurred by the custodian for any
necessary relocation of the animal to a new facility, any actual and
necessary costs to construct new caging to house the animal, and any
actual and necessary costs to return the animal to a healthy state,
to the extent that the department or new custodian has not already
collected the costs pursuant to paragraphs (1) and (2) of subdivision
(d) of Section 2125. The prior owner or possessor from whom the
animal was confiscated shall be liable for these costs only if the
conditions that led to the animal's confiscation were the result of
acts or omissions of the prior owner or possessor.