Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Responsibility
of Permittee. Permittees shall provide a copy of these regulations to any
carrier or intermediate handler transporting wild animals. Permittees shall not
transport or possess wild animals within the state for periods exceeding their
exhibiting itinerary unless they provide facilities which meet the caging
standards of Section
671.3 for each animal listed on
their permit.
(b) Requirements for
Carriers and Intermediate Handlers. (Also see subsections (d) and (f) of this
Section regarding holding and food and water requirements.)
(1) Carriers and intermediate handlers shall
not accept any animal presented by any person for shipment more than four hours
prior to the scheduled departure of the primary conveyance on which it is to be
transported.
(2) Carriers or
intermediate handlers shall accept wild animals for transportation only if the
transport cages are constructed in accordance with the provisions of subsection
671.4 (e)(1)
below.
(3) Carriers or intermediate
handlers whose facilities fail to meet the minimum temperature allowed by these
regulations may not accept for transportation any live animal consigned by any
person unless the consignor furnishes to the carrier or intermediate handler a
certificate executed by a licensed veterinarian on a date which shall not be
more than 10 days prior to delivery of such animal for transportation, stating
that such live animal is acclimated to air temperatures lower than 7.2° C.
(45° F.). A copy of such certificate shall accompany the shipment to its
destination. The certificate shall include at least the following information:
Name and address of the consignor; the number of animals in the shipment; a
certifying statement (e.g., "I hereby certify that the animal(s) in this
shipment is (are), to the best of my knowledge, acclimated to air temperatures
lower than 7.2° C (45° F)"; and the signature of the accredited
veterinarian, assigned accreditation number, and date.
(4) Carriers and handlers shall not commingle
animal shipments with inanimate cargo. All animal holding areas of any carrier,
handler, or any mode of conveyance shall be cleaned and sanitized often enough
to prevent an accumulation of debris or excreta, to minimize vermin infestation
and to prevent a disease hazard. An effective program shall be provided and
maintained by the owner or operator of the holding facility for the control of
insects, ectoparasites, and avian and mammalian pests for all animal holding
areas. All animal-holding areas containing live animals shall be provided with
fresh air by means of windows, doors, vents or an air conditioning system to
minimize odors and moisture condensation. Auxiliary ventilation, such as
exhaust fans and vents or fans or blowers or air conditioning shall be used for
any animal-holding area containing live animals when the air temperature within
such animal-holding area is not compatible with the health and comfort of the
animal. The temperature shall be regulated to protect the animals from
temperature extremes. Animals shall not be placed in a direct draft.
(5) Carriers and intermediate handlers shall
attempt to notify the consignee at least once every two hours following the
arrival of any live animals at the animal holding area of the terminal cargo
facility. The time, date and method of each attempted notification and the
final notification to the consignee and the name of the person notifying the
consignee shall be recorded on the copy of the shipping document retained by
the carrier or intermediate handler and on a copy of the shipping document
accompanying the animal shipment.
(c) Conveyances (motor vehicle, rail, air,
and marine).
(1) The cargo space of any
conveyance used to transport live animals shall be designed and constructed to
protect the health, and ensure the safety and comfort of the live animals
contained therein at all times.
(2)
The animal space shall be constructed and maintained to prevent the ingress of
direct engine exhaust fumes and gases from the conveyance.
(3) No live animal shall be placed in any
cargo space that does not have sufficient air for normal breathing for each
animal contained therein, and the transport cages shall be positioned in the
animal cargo space so that each animal has sufficient air for normal
breathing.
(4) Transport cages
shall be positioned in the conveyance so that the animals can be quickly
removed in an emergency.
(5) The
interior of the animal cargo space shall be kept clean and sanitary.
(6) Live animals shall not be transported
with any material, substance, (e.g., dry ice) or device which may be injurious
to their health and well-being unless proper precaution is taken to prevent
such injury.
(d) Handling
Provisions.
(1) Carriers and handlers shall
move live animals from animal holding areas to conveyances and from the
conveyances to animal holding areas as expeditiously as possible. Carriers and
handlers holding live animals in an animal holding area or transporting live
animals from the animal holding area to the primary conveyance and from the
primary conveyance to the animal holding area, including loading and unloading
procedures, shall provide the following:
(A)
Shelter from sunlight. Shade shall be provided to protect the animals from the
direct rays of the sun. Animals shall not be subjected to surrounding air
temperatures which exceed 29.5° C. (85° F.). The temperature shall be
taken outside of the primary enclosure at a distance not to exceed 3 feet from
any one of the external walls and on a level parallel to the bottom of the
enclosure at a point which approximates half the distance between top and
bottom of the enclosure.
(B)
Shelter from rain or snow. Protection shall be provided so animals remain dry
during rain or snow.
(C) Shelter
from cold weather. Transport cages shall be covered to provide protection for
animals when the air temperature falls below 10° C. (50° F.) and
animals shall not be subjected to surrounding air temperatures which fall below
7.2° C. (45° F.). The temperature shall be taken at a distance not to
exceed 3 feet from any one of the external walls of the transport cage unless
such animals are accompanied by a veterinarian's certificate of acclimation to
temperatures lower than 7.2° C. (45° F.).
(2) The transport cage shall not be handled
in a manner that may cause physical or emotional trauma to the animal contained
therein. Transport cages with animals inside shall not be tossed, dropped, or
needlessly tilted and shall not be stacked in a manner which may reasonably be
expected to result in their falling.
(e) Transport Caging Provisions. No person
shall offer for transportation any live animal in a cage which does not conform
to the following requirements:
(1) Cages used
to transport live animals shall be constructed in such a manner that:
(A) the structural strength of the cage shall
be sufficient to contain the animal and to withstand the normal rigors of
transportation;
(B) the interior of
the cage shall be free from any protrusions that could injure the animal
contained therein;
(C) the openings
of such cages shall be easily accessible at all times for emergency removal of
live animals;
(D) when a primary
enclosure is permanently affixed within the animal cargo space of the primary
conveyance so that the front opening is the only source of ventilation for such
primary enclosure, the front opening shall open directly to the outside or to
an unobstructed aisle or passageway within the primary conveyance. Such front
ventilation opening shall be at least 90% of the total surface area of the
front wall of the primary enclosure and covered with bars, wire mesh or smooth
expanded metal.
If there are ventilation openings located on two opposite
walls of the primary enclosure, the ventilation openings on each wall shall be
at least 16 percent of the total surface area of each such wall; or, if there
are ventilation openings located on all four walls of the primary enclosure,
the ventilation openings on each such wall shall be at least 8 percent of the
surface area of each such wall. At least one-third of the total minimum area
required for ventilation of the primary enclosure shall be located on the lower
one-half of the primary enclosure and at least one-third of the total minimum
area required for ventilation of the primary enclosure shall be located on the
upper one-half of the primary enclosure. Projecting rims or other devices shall
be placed on the exterior of the outside walls to prevent obstruction of
ventilation openings and to provide a minimum air circulation space of 1.9
centimeters (.75 inch) between the primary enclosure and any adjacent cargo or
conveyance wall; and
(E)
adequate handholds or other devices for lifting shall be provided on the
exterior of the cage to enable lifting of the enclosure without tilting and to
ensure that the person handling the cage will not be in contact with the
animal.
(2) Animals
transported in the same cage shall be of the same species and maintained in
compatible groups. Animals that have not reached puberty shall not be
transported in the same cage with adult animals other than their dams. Socially
dependent animals (e.g., sibling, dam, and other members of a family group)
shall be allowed visual and olfactory contact. Any female animal in season
(estrus) shall not be transported in the same cage with any male
animal.
(3) Transport cages shall
be as set forth below. In the event, however, the provisions of
9 CFR, Sections
3.85-3.91, Sections
3.112-3.118 and Sections
3.136-3.142 are met, the
requirements of this subsection shall be deemed satisfied.
(A) All Animals Except Primates Traveling for
Performances or Exhibition.
Minimum length: cages shall be at least 1- 1/4 times the
body length of quadruped (four-legged) animals, excluding the tail, or long
enough for other animal species to lie down and get up normally.
Minimum height: cages shall be at least the full height of
the animal plus 2 inches (antlers included in body height).
Minimum width: except for hoofstock, cages shall be at
least 1- 1/2 times the body width of the animal. For hoofstock, the width of
the cages shall be consistent to the needs of the animal to ensure its safe
delivery.
(B) Primates
Traveling for Performance and Exhibition.
Minimum length: cages shall be at least equal to the length
of the animal as measured from the buttocks to the top of the head.
Minimum height: cages shall be at least 1- 1/2 times the
height of the primate when it is in its natural posture.
Minimum width: cages shall be at least equal to the length
of the animal as measured from the buttocks to the top of the head. The cage
shall be large enough to allow the animal to lie down.
Notwithstanding the minimum requirements above, cages for
adult chimpanzees and orangutans shall be at least 4' long ( L) x 4' wide (W) x
4' high (H) with one shelf or perch. When not traveling, an exercise cage of at
least 6' (L) x 4' (W) x 6' (H) shall be provided for a minimum of four hours
per day. For adult small monkeys and baboons, cages shall be at least 3' (L) x
3' (W) x 4' (H). When not traveling, an exercise cage of at least 4' (L) x 4'
(W) x 6' (H) shall be provided for a minimum of four hours per day. Primates
less than one year of age shall be transported in a cage of such size and
construction which ensures its safe delivery.
(C) Immediately upon arrival at a
destination, animals traveling for performances or exhibition shall be placed
in a space equal to 1/3 the minimum permanent space required for that species.
Notwithstanding the foregoing, animals which are regularly exercised by
exhibitors shall be permitted to remain in their transportation cages provided
the permittee's veterinarian certifies that such cages provide sufficient space
for the animal once it has arrived at a destination. The department shall bring
to the immediate attention of the commission any circumstances where in the
opinion of the department's officer, proper care is not being provided.
Animals not used in performances or exercised regularly
shall be placed in a space equal to 1/2 the minimum permanent space required
for that species. Elephants accompanied by an attendant may be staked out in a
roped off area which excludes the public.
(4) Transport cages shall have solid bottoms
to prevent leakage in shipment and shall be cleaned and disinfected pursuant to
subsections
671.2(a)(4) and
(5). Transport cages shall contain clean
litter of a suitable absorbent material, which is safe and nontoxic to the
animals, in sufficient quantity to absorb and cover excrement.
(5) Transport cages consigned to carriers and
intermediate handlers shall be clearly marked on top and on all sides with the
words "Live Wild Animal" in letters not less than 1 inch in height, and with
arrows or other markings to indicate the correct upright position of the
container.
(6) Documents
accompanying the shipment consigned to carriers and intermediate handlers shall
be attached in an accessible location on the outside of one transport
cage.
(f) Care in
Transit.
(1) To minimize the distress to
animals during surface transportation, the driver shall visually inspect the
animals at least once every 4 hours to assure that the animals are not in
obvious physical distress and to provide for any needed veterinary care as soon
as possible. When transported by air, animals shall be observed if the cargo
space is accessible during flight. If the cargo space is not accessible during
flight, the carrier shall visually observe the animals whenever the cargo space
is accessible to assure that all applicable standards are being complied with
and to determine whether any of the live animals are in obvious physical
distress.
(2) Animals shall not be
taken from their cage except under extreme emergency.
(3) Food and water requirements while in
transit.
(A) All live animals shall be
offered potable water within 4 hours prior to being transported. Any person who
transports live animals shall provide potable water to all animals being
transported at least every 12 hours after such transportation is initiated
except as directed by a veterinarian or in the case of hibernation. Animals
requiring more water shall be treated appropriately.
(B) Each animal shall be fed at least once in
each 24-hour period, except as directed by a veterinarian. Predators are to be
separated when feeding. Animals requiring more food shall be treated
appropriately.
(C) Any person who
offers animals to any carrier or intermediate handler for transportation shall
comply with the provisions of subsection
671.1(a)(4) and
shall affix to the outside of the transportation cage written instructions
pursuant to subsections
671.4(f)(3)(A) and
(B) concerning the food and water
requirements of each animal.
(D) No
carrier or intermediate handler shall accept any live animals for
transportation unless written instructions concerning the food and water
requirements of each animal are affixed to the outside of the
cage.
1. Amendment
filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance
included (Register 75, No. 4).
2. Amendment filed 5-11-79; effective
thirtieth day thereafter (Register 79, No. 19).
3. New subsection
(d) filed 7-16-81; effective thirtieth day thereafter (Register 81, No.
29).
4. Order of Repeal of subsection (d)(1)(f) filed 6-3-85 by OAL
pursuant to Government Code section
11349.7;
effective thirtieth day thereafter (Register 85, No. 26).
5.
Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter
(Register 85, No. 38).
6. Repealer and new section filed 2-26-92;
operative 2-26-92 pursuant to Government Code section
11346.2(d)
(Register 92, No. 13).
7. Amendment of section heading and
subsection (a) filed 8-27-98; operative 9-26-98 (Register 98, No.
35).
Note: Authority cited: Sections
2116.5
and
2120,
Fish and Game Code. Reference: Sections
2116.5,
2120,
2150
and
2150.3,
Fish and Game Code.
