(c) Qualifications, Application Fees, and
Permit Information.
(1) Qualifications.
Applicants or the applicant's full-time employee shall be at least 18 years of
age and possess the equivalent of at least two years, full-time, paid or
volunteer, hands-on experience caring for restricted species at facilities
engaged in a similar or directly related activity to the permit requested.
Applicants or the applicant's full-time employee shall have at least one year
full-time hands-on professional experience working with restricted species in
the same family or closely related taxonomic family as each species being
requested. Experience will be considered only for the periods the applicant or
the applicant's full-time employee was directly involved in and responsible for
the animals while engaged in the activity requested on the permit and only when
acquired within five years of the date of the initial permit application. Any
person who applies for an Animal Care, Aquaculture, AZA, Broker/Dealer, Fish or
Research permit is exempt from this experience requirement. Applicants shall be
residents of California, except that AZA, Exhibiting, Broker/Dealer and
Nuisance Bird Abatement permits may be issued to nonresidents.
(2) Fees. The following application and
inspection fees specified in Section
703 are required and shall be
adjusted annually.
(A) Application. The
applicant shall pay a nonrefundable application fee when submitting an
application for a new permit, amending an existing permit, or renewing a
permit.
(B) Inspection. The
applicant shall pay an inspection fee for the type of inspection as required in
Section 671.8. Applicants for Aquaculture
permits may have the inspection fee waived if a fish pathologist as defined in
subsection
245(b)(5) has
inspected the applicant's facilities within the last six months, determines
that the facility's housing meets the minimum applicable requirements in
Section 671.7 and no fish health issues
have been identified in the past year. If not waived, the applicant for an
Aquaculture permit shall pay an aquaculture inspection fee.
(3) Application. The applicant for a new
permit, amendment to an existing permit, or permit renewal shall submit the
completed application or document, and fee, as specified in Section
703, to the address listed on the
application.
Persons who apply for an Aquaculture or Fish permit are
exempt from the application requirements (B) through (M) and shall instead
follow the requirements in Section
671.7.
The following information and documents shall accompany an
application for each permit, amendment, renewal, or upon change or expiration
unless specified as exempt or as specifically required.
(A) An inventory of each animal requested
including the common and scientific name, sex, and age of each animal. Any
person who applies for an Aquaculture or Fish permit shall also provide the
actual number of animals specified by either the weight, volume or
count.
(B) A resume which provides
the dates and description of an applicant or their full-time employee's
experience. The resume is required only when applying for the initial permit,
an amendment, or when applying to add new species to the inventory upon
renewing a permit. Any person who applies for an Animal Care, AZA,
Broker/Dealer or Research permit is exempt from this requirement.
(C) A copy of current license or registration
document required by the USDA (for mammals only) and a copy of the most recent
USDA facility inspection form completed for the facility shall be on file with
the department at all times. The department may waive compliance for initial
applications by California residents. However, a copy of the issued USDA
license or registration document shall be provided to the department within 10
business days of receipt. Any person who applies for an Animal Care, Nuisance
Bird Abatement or Shelter (non-exhibiting) permit is exempt from this
requirement.
(D) A letter of
recommendation, written in the previous five years, on letterhead stationary
with an original signature signed in ink by the owner or operator of a facility
where the applicant or their employee gained his/her experience. The letter
shall provide the printed name of the owner or operator and detailed
information regarding the quality and extent of the applicant's or their
employee's, knowledge and experience related to the permit requested. Any
person who applies for an Animal Care, AZA, Broker/Dealer or Research permit is
exempt from this requirement.
(E)
Breeding Plan. Only persons who apply for a Breeding or Single Event Breeding
for an Exhibitor permit are required to comply with these requirements. A
breeding plan shall include the items listed below and allow the department to
determine that the breeding of the species will not result in risk to animal
welfare, wildlife populations, livestock and poultry health, public health and
safety; and there is an authentic and legitimate scientific, conservation,
exhibition, or educational use certified by a recognized scientific,
conservation or educational institution, or licensed professional in breeding
or exhibition of restricted species. Breeding of restricted species is
prohibited unless specifically authorized by the department. The breeding plan
is required with the original application annually and when applying to add a
new species to the breeding plan. The breeding plan shall include all of the
following in order to be considered complete:
1. An official signed document on letterhead
from a bona fide scientific, conservation or educational institution, or
licensed professional in the breeding or exhibition of restricted species,
confirming that there is a legitimate scientific, conservation, exhibition, or
educational need for the breeding in the coming year. The person confirming the
need for the breeding shall demonstrate that they have at least five years
experience working with the species identified in the breeding plan. The
statement shall contain the printed name and original signature and be signed
in ink by an official representative of the organization providing the
statement.
2. A plan of operation
that includes the anticipated number of progeny produced in the coming year,
caging availability, and veterinarian care.
3. A description of how the progeny will be
uniquely identified if required under subsection
671.1(c)(3)(J).
4. The department may deny the renewal of a
breeding permit if it determines that the use of a permitted animal was
inconsistent with the breeding plan. The department may require a permittee
seeking to renew a breeding permit to provide documents, including but not
limited to client lists with contact information or contracts with clients,
demonstrating that the use of a permitted animal was consistent with the
breeding plan.
(F)
Nonresident Exhibitors. Applicants shall submit a copy of a current and valid
contract or other written confirmation that specifies each place and length of
time where the exhibition will take place in California. If no contract is in
effect at the time of application, copies of past contracts and/or written
descriptions of anticipated performances being negotiated shall be substituted.
Applicants shall submit a complete exhibiting itinerary using the Restricted
Species Nonresident Exhibiting Permit Itinerary form specified in Section
703 with their initial or renewal
application or upon change to its current itinerary. The department shall
receive itinerary changes at least 72 hours prior to entry into California. The
itinerary shall provide the location(s) and date(s) where the nonresident
applicant or permittee intends to perform within this state. Only persons who
apply for a Nonresident Exhibiting permit are required to comply with this
requirement.
(G) A statement of
purpose describing in detail the planned use for each animal. Applicants shall
include relevant materials including, as appropriate, any lists of prospective
clients with their contact information or contracts with clients or websites,
scripts, brochures or flyers promoting or describing the planned use of the
animals. If the animals will be used in an educational program, the applicant
shall provide an explanation why live restricted species are necessary and
samples of the educational material and message that will be distributed. The
department may deny the issuance of a permit if it determines that the
statement of purpose for the animal(s) does not sufficiently describe the
planned use for each animal or is not supported by the permit application
materials. The department may deny the renewal of a permit if it determines
that the use of a permitted animal was inconsistent with the statement of
purpose. The department may require a permittee seeking to renew a permit to
provide documents, including but not limited to client lists with contact
information or contracts with clients, demonstrating that the use of a
permitted animal was consistent with the statement of purpose. Any person who
applies for an Animal Care, AZA, Breeding, Research or Single Event Breeding
For Exhibitor permit is exempt from this requirement.
(H) A copy of all current permits required by
the United States Fish and Wildlife Service (USFWS) shall be on file with the
department at all times. The department may waive compliance for initial
applications by California residents. A copy of the issued USFWS license or
registration document shall be provided to the department within 10 business
days of receipt. Any person who is required to possess a USFWS permit for the
restricted species applied for or listed on a department-approved permit is
required to comply with these requirements.
(I) Emergency Action Plan.
1. Every restricted species permittee shall
have a written Emergency Action Plan readily available and posted in a
conspicuous place in the event of an escape, an attack or an emergency
evacuation, and shall submit a copy to the department upon initial application,
renewal of a permit and addition of species. The Emergency Action Plan shall be
titled, with a revision date, updated annually and include, but is not limited
to the following:
a. List of the re-capture
equipment available, including but not limited to darting equipment, nets,
traps, and chemical immobilization drugs;
b. Description of humane lethal dispatch
methods for various animals and a list of qualified personnel who are trained
to carry out the methods;
c. List
of medical supplies/first aid kits and where they are located;
d. Description of mobile transport cages and
equipment on hand;
e. List of
emergency telephone numbers that includes the local department regional office,
911, and animal control agencies; and
f. Written plan of action for
emergencies.
2.
Permittees are responsible for the capture, and for the costs incurred by the
department related to capture or elimination of the threat, of an escaped
animal or the use of humane lethal force required to capture an animal that
escapes. If an escaped animal becomes a public safety threat, state, federal,
or local law enforcement personnel have the authority to use appropriate lethal
force required to end the threat.
3. Any incident involving an animal held
under a restricted species permit that results in serious injury or death to a
person shall be reported immediately to the department's regional office having
jurisdiction over the area in which the serious injury and death has occurred.
If the department determines that serious injury or death has occurred as a
result of contact with an animal held under the authority of a restricted
species permit, the authorizations and conditions of the permit may be reviewed
and subject to change by the department. Additional conditions to the permit
may be added at any time to provide for human health and safety.
4. Permittees shall immediately report by
telephone the intentional or unintentional escape or release of a wild animal
to the department regional office and the nearest law enforcement agency of the
city or county in which the wild animal was released or
escaped.
(J) Unique
Identification.
1. Every elephant, non-human
primate, bear, wolf, gila monster, and animal in the Family Felidae that is
possessed under a restricted species permit shall be identifiable by an
approved unique identifying method and reported to the department for inclusion
in a registry. Approved methods include microchips, tattoos or any other
alternative method that is approved by the department. The department may
approve an alternative method if the permittee provides written verification
from a veterinarian accredited by the USDA explaining why it would be
detrimental to the health of the animal to microchip or tattoo the animal and
what alternative method of unique identification would be suitable.
2. Every permittee who possesses an animal
that requires unique identifiers shall conform to the provisions of this
section and provide documentation of an animal's unique identifier or proposed
alternative method to the department on or before December 31, 2011. Each
permittee must provide an animal's unique identification to the department
within 10 business days of receipt or transfer of an animal, the birth or death
of an animal, or change in unique identification for an animal.
3. The department shall continue to maintain
a record of the unique identification for each animal until it is transferred
out of state or until the death of the animal.
(K) Bona fide scientific research
institutions, as identified in subsection
671.1(b)(9),
shall submit the following with the initial application and for each additional
new species (only required from persons who are not a university, college or
governmental research agency and are asking for department determination as a
bona fide scientific research institution):
1.
At least one letter of recommendation from a university, college, governmental
research agency or other bona fide scientific research institution, as
recognized by the department, with expertise with the species and in the field
of the proposed project. The letter shall contain specific reasons for the
support and a statement verifying that the anticipated results are reasonably
achievable using the species and techniques described.
2. A description of the proposed project
stating the objectives, and if experimental or manipulative, a study plan based
on the "Scientific Method".
3. The
estimated completion date of the project.
4. The anticipated benefits of this
research.
(L) Applicants
for a research permit shall include proof that the applicant is part of a
federal program or have a permit meeting or exceeding Federal Requirements such
as those under the NIH guidelines administered by an IACUC. Only persons who
apply for a Research permit are required to comply with these
requirements.
(M) Each permittee
shall keep accurate written records at the facility of all acquisitions,
births, transfers and deaths of restricted species that are covered by their
permit. Permittees shall retain all such records for a minimum of three years
from the date of the acquisition, birth, transfer or death and make such
records available to the department for inspection at all
times.
(4) Term of
Permit. Permits issued under the provisions of this Section
671.1 shall be valid for a term of
one year from the date of issuance.
(5) Denial.
(A) The department may deny the issuance of a
permit or amendment of an existing permit if:
1. the applicant or permittee has failed to
comply with terms and conditions of a permit or any provision of the Fish and
Game Code or regulations adopted pursuant thereto; or
2. the applicant or permittee has failed to
comply with any provision of any statute, regulation, rule or ordinance
existing in any other state or in any city, county, or other local governing
entity in any other state, that is related to the care and permitting of
restricted species listed in Section
671, so long as the failure to
comply would constitute a violation of the Fish and Game Code or regulations
adopted pursuant thereto if it had occurred in this state; or
3. the applicant or permittee has failed to
comply with any provision of any federal statute, regulation, or rule that is
related to the care and permitting of restricted species listed in Section
671, so long as the failure to
comply would constitute a violation of the Fish and Game Code or regulations
adopted pursuant thereto if it had occurred in this state; or
4. the department determines that the
application or other documents submitted do not support the statement of
purpose/use for the animal(s).
(B) The department shall deny the issuance of
a permit or amendment of an existing permit if the applicant or permittee fails
to demonstrate compliance with the conditions of subsections
671.1 (b) and
(c). Before denying an application for this
reason, however, the department shall notify the applicant that it has not
received sufficient materials or information pursuant to subsections
671.1 (b) and
(c). The applicant may amend or supplement an
application with additional information or materials, but these supplemental
materials shall be postmarked no later than 30 days after the date of the proof
of service accompanying the department's notification. If the 30 day deadline
falls on a weekend or holiday, the submission of additional information or
materials will be accepted until the close of business on the first state
business day following the deadline to submit additional information or
materials. New applications may be submitted at any time.
(C) All notifications, denials, or other
correspondence sent from the department to an applicant or permittee under
subsections
671.1(c)(5), (c)(6) and
(c)(7) shall include a proof of service that
consists of a declaration of mailing, under penalty of perjury, indicating the
date of mailing the department's notification, denial, or other
correspondence.
(6)
Revocation. Any permit issued pursuant to these regulations may be suspended or
revoked at any time by the department for failure to comply with the terms and
conditions of the permit or for failure to comply with any provision of the
Fish and Game Code or regulations adopted pursuant thereto. Unless the
permittee has been convicted in a court of competent jurisdiction of violating
one of these provisions, the suspension or revocation shall not take effect
until the time to request an appeal pursuant to subsection
671.1(c)(7) has
expired. A timely request for an appeal will stay the department's suspension
or revocation if the permittee was not convicted of violating the Fish and Game
Code or regulations adopted pursuant thereto.
(7) Appeal. Any applicant or permittee who is
denied a permit, an amendment to an existing permit or has a permit suspended
or revoked by the department pursuant to these regulations may appeal that
denial, suspension, or revocation by filing a written request for an appeal
with the commission. The request for an appeal shall either be postmarked, if
sent by the Unites States mail or overnight carrier, or received by the
commission, if sent by electronic mail, or facsimile no later than 30 days
after the date of the proof of service accompanying the department's notice of
denial, suspension, or revocation. The commission shall not accept a request
for an appeal that is submitted after the 30 day deadline to request an appeal.
If the 30 day deadline falls on a weekend or holiday, the request for appeal
will be accepted until the close of business on the first state business day
following the deadline to submit a request for appeal.
(A) The commission's president may appoint a
commissioner, a current or former executive director of the commission, a
current employee of the commission, or a member of the state bar of California
in the active practice of law to serve as a hearing officer.
(B) No later than 30 days after filing an
appeal request, a person requesting an appeal (appellant) shall submit a
written statement to the commission that specifically identifies the legal and
factual grounds for challenging the department's action. The appellant's
written statement shall be signed by the appellant under penalty of perjury.
Upon receipt, the commission shall forward to the department a copy of all
appeal-related materials it receives from the appellant, including a copy of
the request for an appeal, and the appellant's written statement. The appellant
may receive an additional 30 days to submit a written statement if no later
than 30 days after filing a request for an appeal the appellant either: (i.)
receives a written stipulation from the department agreeing to an additional 30
days to submit a written statement and submits a copy of the stipulation to the
commission, or (ii.) submits a written request to the hearing officer for a
determination that good cause exists to grant an additional 30 days to submit a
written statement. The hearing officer shall provide the department with a copy
of the request for additional time and an opportunity to submit a written
objection to the request.
(C) No
later than 30 days after receipt of the appellant's written statement, the
department may submit a response to the commission, with a copy sent to the
appellant, along with any supporting documentary evidence and/or declarations
under penalty of perjury.
(D) No
later than 15 days after receipt of the department's response, the appellant
may submit a reply to the commission signed by the appellant under penalty of
perjury, with a copy sent to the department that addresses arguments and
evidence raised in the department's response. The appellant's reply shall not
contain any new evidence or new factual or legal grounds for challenging the
department's action.
(E) Following
the appellant's and the department's submittals on the appeal, the hearing
officer may request additional information, including testimony under oath,
from either party, and may permit either party to present additional
information or rebuttal if the hearing officer determines such to be helpful in
reaching a correct decision.
(F) In
any appeal of the department's denial of an application for a permit or to
amend an existing permit, if the hearing officer determines the appeal is based
upon new evidence or factual information that was not included in the
application or otherwise submitted to the department prior to the department's
denial, the hearing officer shall direct the applicant or permittee to file a
new application or seek reconsideration by the department, and the request for
appeal shall be closed.
(G) No
later than 60 days after receipt of all submittals and any additional
information or rebuttal permitted by the hearing officer under subsection
671.1(c)(7)(D),
the hearing officer shall prepare and submit a proposed decision to the
executive director of the commission. The decision shall contain proposed
findings and reasons for the commission's action. Upon receipt, the executive
director of the commission shall provide both parties a copy of the hearing
officer's proposed decision. A cover letter accompanying the proposed decision
shall indicate the date when the commission will consider the proposed decision
and a deadline for the parties to comment on the proposed decision. Copies of
the proposed decision shall include a proof of service indicating the date the
proposed decision is mailed to the parties. Each party may submit written
comments on the proposed decision to the commission, however, these comments
shall not exceed two pages, and they shall not refer to or introduce any new
factual information or evidence that was not previously submitted to the
commission.
(H) At a meeting of the
commission no later than 60 days after receipt of the hearing officer's
proposed decision, the commission shall consider adoption of the proposed
decision, unless good cause exists to delay consideration of the proposed
decision. The commission may by order adopt, revise or reject the proposed
decision. The commission shall serve both parties a copy of the commission's
order and decision. The order is final.
(I) A party may request judicial review by
filing a petition for writ of mandate in accordance with Section
1094.5
of the Code of Civil Procedure within 30 days from the date of service
(postmark) of the order. The record of the proceedings as designated by the
petitioner shall be prepared by the commission and delivered to petitioner's
counsel or, if appearing pro se, the petitioner within 30 days after
petitioner's request and upon payment of the fee specified in Section
69950 of
the Government Code.