California Code of Regulations › Title 14 - Natural Resources › Division 1 - Fish and Game Commission-Department of Fish and Game › Subdivision 3 - General Regulations › Chapter 3 - Miscellaneous › Section 671.1 - Permits for Restricted Species

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General. It is unlawful for any person to
				  import, export, transport, maintain, sell, dispose of, or use for any purpose
				  any animal restricted by Section
				  671
				  except as authorized in a permit issued by the department.
(1) Limited Scope. A permit issued pursuant
				  to this Section
				  671.1 does not supersede any
				  federal, state, or local law regulating or prohibiting the animals or the
				  activities authorized in the permit.
(2) Change of Address or Name. The permittee
				  shall notify the department's License and Revenue Branch, in writing of any
				  change of address or name related to the permit within five days of the
				  change.
(3) Records. Any record,
				  log, invoice, or other document required by this Section
				  671.1 shall be maintained at the
				  facility by the permittee for at least three years from the date issued, and be
				  made available to the department immediately upon demand. All required records
				  shall be legible and in the English language.
(4) Transportation Records Required of
				  Broker/Dealer and Importers. The permittee shall prepare and sign an invoice in
				  duplicate prior to any animals leaving or being imported into their facility.
				  The invoice shall contain the name and address of the Broker/Dealer or
				  Importers, a phone number where the Broker/Dealer or Importers and the
				  consignee can be reached, the name and address of the consignee, the date of
				  the shipment, and the number or poundage, sex (if available) and scientific
				  name of each animal. The invoice shall accompany the animals being shipped. The
				  consignee shall sign and date the invoice receipt of the shipment and retain a
				  copy.
(5) Permits for Business. Any
				  person (as defined in Fish and Game Code Section
				  67) can qualify for and be issued
				  a permit, if the applicant or the applicant's full time employee possesses the
				  qualifications for an applicant specified in subsections
				  671.1(c)(1), (c)(3)(B) and
				  (c)(3)(D). Where a full time employee
				  provides the qualifications, the applicant shall continue to employ such
				  qualified person as long as the animals are possessed in California. The
				  applicant who owns the business shall submit annual proof of continued
				  employment for a full time employee if the applicant continues not to meet the
				  qualifications specified in subsection
				  671.1(c)(1).
(6) Financial Responsibility. The department
				  may require an applicant for a nonresident permit to provide proof he/she will
				  immediately cover all expenses incurred by the department for personnel,
				  equipment, and facilities used to locate, capture, house, care for, and
				  transport animals that escape or that are released or abandoned. The written
				  proof shall be in the form of a department approved financial guarantee payable
				  to the department, local government agency, or entity contracting for the
				  animals.
(7) Health Certificates.
				  The department may require as a condition on any permit that restricted animals
				  be approved for interstate shipment pursuant to applicable federal or state
				  agency standards for diseases such as but not limited to tuberculosis,
				  brucellosis, and pseudo rabies. Permit conditions may be more restrictive than
				  federal standards.
(8) Transgenic
				  Aquatic Animals. The department may issue permits for importation, possession,
				  transportation or rearing of, or research on, transgenic aquatic animals
				  pursuant to the following terms and conditions:
(A) All transgenic aquatic animals shall be
				  held, raised, and transported in a closed-water system or in a system which
				  treats effluent discharge from the facility with a disinfection system adequate
				  to ensure against the inadvertent release of live animals. A closed-water
				  system means that there is no discharge to waters of the state. For purposes of
				  this section, municipal treated sewage systems are not considered waters of the
				  state. The commission may grant an exception to this subsection if it is
				  determined that doing so shall not pose a significant risk to the waters or
				  wildlife of the state.
(B) Access
				  to facilities containing transgenic aquatic animals shall be restricted through
				  means determined to be adequate by the department to assure against
				  unauthorized removal of animals.
(C) Movement of live transgenic aquatic
				  animals from facilities is prohibited unless specifically permitted by the
				  department.
(D) Release of
				  transgenic aquatic animals or their progeny into waters of the state is
				  prohibited.
(E) If transgenic
				  aquatic animals are held with non-transgenic animals of the same species, all
				  such animals that commingle with transgenic animals shall be treated as
				  transgenic for the purposes of regulation and may not be introduced into waters
				  of the state. Nontransgenic animals that can be individually identified as
				  nontransgenic may be exempt from this provision with prior department
				  approval.
(F) In addition to any
				  other penalty provided by law, any unauthorized release of transgenic aquatic
				  animals or their progeny into the waters of the state may be subject to the
				  penalties provided for under Fish and Game Code Sections
				  2125,
				  12007,
				  and/or 12023.
(G) Any university,
				  college, governmental research agency or other bona fide scientific
				  institution, as determined by the department, may apply for an expedited permit
				  review under subsection
				  671.1(b)(9) by
				  demonstrating that they meet or exceed the requirements stipulated in
				  subsections (A) through (F) as part of a federal program or permit, for
				  example, National Institute of Health (NIH) guidelines administered by an
				  Institutional Animal Care and Use Committee (IACUC).
(H) The department shall provide written
				  notice of the filing of all permit applications to any interested party who
				  submits a written request for such notice. The department shall consider all
				  written comments regarding a permit application that are received from any
				  interested party prior to approval of that application. All approved
				  applications shall be reviewed by the commission during a regularly scheduled
				  public meeting; and the commission, following public comment, may deny the
				  issuance of a permit if it finds that an applicant is or will be unable to meet
				  all regulatory requirements for importation, transportation, possession, and
				  confinement of transgenic aquatic animals.
(9) Conferring. In addition to the
				  departments of Food and Agriculture and Public Health, the department may
				  confer with other state and federal agencies or any other person or entity in
				  order to verify information on the application or to determine if the
				  importation, transportation, or possession of any animal requested will be in
				  the best interest of the state and animal.