s 671.1. Permits for Restricted Species.

(a) General. It is unlawful for any person to import, export, transport, maintain, 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) Inspections. The department may approve an application prior to facilities being inspected and approved. A permit shall not be issued unless the applicant's facilities have been inspected and approved by the department or persons designated by the department.

The department may enter any facility at a reasonable hour, where restricted species are kept or may be kept to inspect animals, facilities, animal equipment, or to inspect, audit, or copy any permit, book or record required to be kept by these regulations or federal regulations relating to such species.

(3) Change of Address or Name. The permittee must notify the Department's License and Revenue Division, 3211 S Street, Sacramento, California 95816, in writing of any change of address or name related to the permit within fourteen (14) days of the change.

(4) Records. Any record, log, invoice, or other document required by this Section 671.1 shall be maintained by the permittee for at least three years from the date issued, and be made available to the department immediately upon demand.

(5) Transportation Records Required of Broker/Dealer. The permittee shall prepare and sign an invoice in duplicate prior to any animals leaving their facility. The invoice shall contain the name and address of the Broker/Dealer, a phone number where the Broker/Dealer and the consignee can be reached 24 hours, the name and address of the consignee, the date of the shipment, and the number 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.

(6) Permits for Business. A person (as defined in Fish and Game Code Section 67) other than a natural person can qualify for and be issued a permit, only by employing at least one full time employee who possesses the requirements for obtaining a permit. The permittee must continue to employ such qualified persons as long as the animals are possessed in California.

(7) 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 must be in the form of an insurance bond or other financial guarantee payable to the department, local government agency, or entity contracting for the animals.

(8) 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.

(9) 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. Municipal treated sewage systems are not considered waters of the state. The Commission may grant an exception to subsection (a)(9)(A) of this regulation 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 must 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 individuals 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) A university, college, governmental research agency or other bona fide scientific institution, as determined by the department, may apply for an expedited permit review under 671.1(b)(6) of this section 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 guidelines administered by an Institutional Animal Care and Use Committee (IACUC). Such institutions shall have 120 calendar days from May 14, 2003 to submit supporting documentation for an initial permit.

(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 Fish and Game 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.

(I) The regulations under subsection 671.1(a)(9) shall be reviewed by the Department and other interested parties no later than one year after their effective date of May 14, 2003. A summary of the review shall be reported to the Commission at a regularly scheduled meeting within 90 days of May 14, 2004.

(b) Permits and Fees. The following fees will be adjusted annually pursuant to Section 699, Title 14, CCR. The department may issue permits with the conditions it determines are necessary to protect native wildlife, agriculture interests, animal welfare, and/or human health and safety to:

(1) Animal Care. A person who is a resident and who has the demonstrated experience and ability to house an animal, and who legally possessed the animal in California prior to January 1992. The permittee may only possess and provide care for the animal(s) specifically listed on their department approved permit inventory. No other activity is authorized except that which is medically necessary for the care of the animal. The base permit fees for this activity in 1998 are $34.75 for Welfare species and $289.50 for Detrimental species.

(2) Exhibiting. A person who is a resident or nonresident who is in the business of exhibiting animals and who possesses the qualifications listed in 671.1(c)(1) to import, transport, and possess only those species listed on the department approved permit inventory for commercial exhibition purposes. The base permit fee for this activity in 1998 is $289.50 for residents and $579.00 for nonresidents.

(3) Single Event Breeding for Exhibitor. A person who is a resident and permitted pursuant to Section 671.1(b)(2) to conduct a one time, single breeding of an animal which is listed on the department approved permit inventory. The permit may be renewed annually, but only upon written verification by a veterinarian accredited by the U.S. Department of Agriculture (USDA) that the breeding authorized by the former permit was not successful. The base permit fee for this activity in 1998 is $34.75.

(4) Breeding. A person who is a resident and who possesses the qualifications listed in Section 671.1(c)(1) to import, transport, and possess only those species listed on the department approved permit inventory for breeding, but only if the department determines the breeding will not result in unneeded or uncared for animals or the species is threatened or endangered. The base permit fee for this activity in 1998 is $289.50.

(5) AZA. A person accredited by the American Association of Zoos and Aquariums (AZA) to import, transport, and possess only those species listed on the department approved permit inventory for breeding, exhibition, or for bona fide scientific or public health research. The base permit fee for this activity in 1998 is $289.50.

(6) Research. A university, college, governmental research agency, or other bona fide scientific institution, as determined by the department, engaging in scientific or public health research to import, transport, and possess only those species listed on the department approved permit inventory for breeding, or for bona fide scientific or public health research. The base permit fee for this activity in 1998 is $289.50.

(7) Broker/Dealer. A person who is a resident or nonresident to act as a broker or dealer in a transaction involving the buying and/or selling of restricted species, or who is the business of transporting restricted species within the state between permittees. The base permit fee for this activity in 1998 is $289.50 for residents and $579.00 for nonresidents.

(A) Special Restrictions.

(1) Minimum Caging Period. Animals may be kept in transport caging for a period not to exceed 48 hours. An additional 48 hours may be approved by an enforcing officer or a veterinarian accredited by the USDA.

(2) Nonresident Restriction. The nonresident dealer shall only transport animals between permittees authorized by this Section or between AZA accredited institutions and permittees or ship them out of state in compliance with Federal guidelines.

(8) Shelter. A person who is a resident, who possesses the qualifications listed in Section 671.1(c)(1), and who has a statement in writing signed by the department's regional manager verifying the need for a shelter or similar facility in the area, to transport and possess restricted species for humane purposes only. The base permit fee for this activity in 1998 is $34.75. The permit fee may be waived upon recommendation of the regional manager when he/she determines it is in the best interest of the public, the animal, or the department to do so.

(A) Special Authorizations.

(1) A permittee may exhibit animals at its facility for fund-raising purposes.

(2) The department may authorize a permittee to import restricted species upon receipt of written verification that appropriate facilities outside of California were contacted and no housing was available, and that these specific animals would be euthanized if they cannot be imported into California.

(Note: Deer Farming Permits. See Section 676.)

(c) Qualifications, Application Fees, and Permit Information.

(1) Qualifications. Applicants shall be at least 18 years of age and possess at least two years, full-time, paid or volunteer, hands-on experience caring for restricted species at a facility(ies) engaged in a similar or directly related activity to the permit requested. Applicants shall have at least one year full-time hands-on professional experience working with prohibited 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 was directly involved in and responsible for the animals while engaged in the activity requested on the permit. Applicants must be residents of California, except permits for an exhibiting permit or a broker/dealer permit may be issued to nonresidents.

Persons or facilities accredited by the American Association of Zoological Parks and Aquariums (AZA), universities, colleges, governmental research agencies or other bona fide scientific institutions, as determined by the department, engaging in scientific or public health research are exempt from meeting these qualifications.

(2) Application. Completed applications and all fees shall be submitted to the Department of Fish and Game, License and Revenue Branch, Sacramento (see Section 671.1(a)(3) above for address) for each permit, permit amendment, or renewal. Application fees are nonrefundable and are in addition to permit fees.

The following information and documents shall accompany an application for each permit, amendment, or renewal:

(A) An inventory of each animal requested including the common and scientific name, sex, and age of each animal;

(B) Written certification from a veterinarian accredited by the USDA, that he/she has observed each of the permittee's animals at least twice during the prior year, that the animals have been appropriately immunized and are being housed and cared for as required by law. The certification must be signed by the veterinarian and must include the veterinarian's printed name, address and license number. In the case of animals to be acquired by the permittee, the certification shall include the future dates the animals will be inspected by the veterinarian;

(C) A resume which provides the dates and description of the applicant's experience. The resume is required only when applying for the original permit or when applying to add new species to the inventory.

(D) A copy of current license or registration document required by the United States Department of Agriculture (USDA) and a copy of the most recent USDA facility inspection form completed for the facility.

(E) A letter of recommendation on letterhead stationary signed in ink by the owner or operator of a facility where the applicant gained his/her experience. The letter must provide the printed name of the owner or operator and detailed information regarding the quality and extent of the applicant's knowledge and experience related to the permit requested.

(F) Applicants for a breeding permit shall include a statement describing why the progeny are necessary. The statement must be in writing on letterhead stationary from a university, research facility, exhibitor, breeder, zoological garden or other authorized recipient. The statement must contain the printed name and be signed in ink by an official representative of the organization providing the statement. The statement is required only with the original application and when applying to add new species to the breeding inventory.

(3) 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 issue.

(4) Denial. The department may deny the issuance of a permit if the conditions of Section 671.1(b) are not met, or the failure to comply with terms and conditions of a permit or the provisions of sections 671-671.6. Any person denied a permit under these regulations may request a hearing before the commission to show cause why their permit request should not be denied.

(5) Revocation. Any permit issued pursuant to these regulations may be canceled or suspended at any time by the commission for failure to comply with the terms and conditions of the permit or for failure to comply with sections 671-671.6, after notice and opportunity to be heard, or without a hearing upon conviction of a violation of these regulations by a court of competent jurisdiction.

(6) Fees. The following fees will be adjusted annually pursuant to Section 699, Title 14, CCR.

(A) Application. A nonrefundable application fee for new permit, amending or renewing existing permit: $30.

(B) Inspection. The applicant shall pay $100.00 for two inspections each year. If an inspection requires more than two hours, or additional inspections are required to verify corrections of facilities or for compliance with these regulations an additional $25.00 per hour shall be charged. The inspection fee shall be waived if a person submits an annual statement from a veterinarian accredited by the USDA certifying that the animals have been inspected at least twice during the year, at six month intervals, and that the animals are being cared for and housed in accordance with applicable requirements in sections 671.2 through 671.4, Title 14, CCR. In the case of animals to be acquired, the inspection fee shall be waived if a veterinarian accredited by the USDA will certify that the facilities meet the minimum requirements of Section 671.2, Title 14, CCR, and that the animals will be inspected at least twice during the next year as required.

Note: Authority cited: Sections 1002, 2118, 2120, 2122, 2150 and 2150.2, Fish and Game Code. Reference: Sections 2116-2118, 2190 and 2271, Fish and Game Code.

 HISTORY 

1. Amendment filed 5-6-75 as an emergency; effective upon filing (Register 75, 

 No. 18). For prior history, see Register 75, No. 4.

 2. Certificate of Compliance filed 7-3-75 (Register 75, No. 27).

 3. Amendment of subsection (a) filed 5-11-79; effective thirtieth day

 thereafter (Register 79, No. 19).

 4. Amendment of NOTEfiled 7-16-81; effective thirtieth day thereafter (Register

 81, No. 29).

 5. Order of Repeal of subsection (b) filed 6-3-85 by OAL pursuant to 

 Government Code section 11349.7; effective thirtieth day thereafter 

 (Register 85, No. 26).

  6. Editorial correction of NOTEfiled 9-20-85; effective thirtieth day

 thereafter (Register 85, No. 38).

 7. Repealer and new section filed 2-26-92; operative 2-26-92 pursuant to 

 Government Code section 11346.2(d) (Register 92, No. 13).

 8. Amendment of subsection (b)(5)(A)2b and new subsections (b)(9) and 

 (c)(6)(A)9 filed 12-7-94; operative 12-7-94 pursuant to 

Government Code section 11346.2(d) (Register 94, No. 49).

 9. Repealer and new section filed 8-27-98; operative 9-26-98 (Register 98, 

 No. 35).

 10. New subsections (a)(9)-(a)(9)(G) and amendment ofNote filed 4-14-2003;

 operative 5-14-2003 (Register 2003, No. 16).

 11. Amendment of subsection (a)(9)(G) and new subsections (a)(9)(H)-(I) filed

 8-28-2003; operative 9-27-2003 (Register 2003, No. 35).