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(e) Care of Laboratory Animals. With the approval of the department, prohibited wild animals used for research purposes may be confined and cared for pursuant to the provisions of the "Guide for the Care and Use of Laboratory Animals" adopted by the U.S. Department of Health and Human Services (NIH Publication No. 86-23, Revised 1985).
(f) Regulations Manual. The facility and caging requirements specific to animals that may be lawfully possessed are provided in the DEPARTMENT OF FISH AND GAME MANUAL 671 (2/25/92)-IMPORTATION, TRANSPORTATION AND POSSESSION OF WILD ANIMALS, which is incorporated by reference herein. Copies are available from the department's Wildlife Protection Division, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090. Facility and caging regulations of subsection 671.3(b) contained in DEPARTMENT OF FISH AND GAME MANUAL 671 (2/25/92) are hereby adopted and made part of this Title 14 and are thus incorporated by reference.


Note: Authority cited: 1002, 2116, 2116.5, 2118, 2120, 2122, 3005.9 and 3005.92 Fish and Game Code. Reference: 1102, 2116-2118, 2118.2, 2118.4, 2119-2155, 2185-2190, 3005.9 and 3005.92, Fish and Game Code.

s 671.4. Transportation Standards for Exhibition of Live Restricted Animals.
(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<>o C. (45<>o 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<>o C (45<>o 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<>o C. (85<>o 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<>o C. (50<>o F.) and animals shall not be subjected to surrounding air temperatures which fall below 7.2<>o C. (45<>o 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<< super>>o C. (45<>o 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.


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.

s 671.5. Disposition of Violations Related to Possession of Wild Animals.
Any live wild animals brought into this state or transported or possessed within this state in violation of the provisions of the Fish and Game Code or regulations adopted pursuant thereto may, upon written notice from the enforcing officer inspecting them or discovering the violation, be shipped out of the state, returned to point of origin or destroyed, within the time specified in said notice, at the option of the owner or bailee.
The exercise of any such option shall be under the direction and control of the enforcing officer and at the expense of the owner or bailee. If the owner or bailee fails to exercise such option within the time specified in the notice, or to comply with the terms of a permit issued pursuant to Section 671.1, the enforcing officer shall immediately thereafter order the transfer of the animals to new owners or destroy the animals at the expense of the owner or bailee.


Note: Authority cited: Section 2122, Fish and Game Code. Reference: Sections 1002, 2116-2118, 2118.2, 2118.3, 2118.4, 2119-2155, 2185-2190, 3005.9 and 3005.92, Fish and Game Code.

s 671.6. Release of Animals into the Wild.
(a) No person shall release into the wild without written permission of the commission any wild animal (as defined by Section 2116 of the Fish and Game Code), including domestically reared stocks of such animal, which:
(1) is not native to California;
(2) is found to be diseased, or there is reason to suspect may have the potential for disease;
(3) may be genetically detrimental to agriculture or to native wildlife; or
(4) has not been successfully introduced prior to 1955.
(b) no permission will be granted to any person to release to the wild state turkeys that have been domestically reared for propagation or hunting purposes, except as provided in subsection 600(i)(4) of these regulations. Only wild trapped turkeys trapped from the wild by the Department may be released into the wild.
(c) Every person who releases Barbary partridges, Turkish or Greek chukar partridges; French, Spanish or Arabian red-legged partridges; and/or bobwhite or coturnix quail into the wild shall have a valid permit signed by the director of the department before making such a release. Persons desiring to release such birds shall submit an application showing the number and sex of birds to be released, the location of the proposed release, and the proposed date of such release.
At the time of release of such birds, the department may require that they shall be banded by the permittee with appropriate bands furnished by the department. The department may require a report giving the age, sex and number of the individual birds released.
(d) Application for the introduction of all non-native birds or animals, except those birds cited in subsection 671.6(c), shall be made to the commission on forms supplied by the department.


Note: Authority cited: Section 2120, Fish and Game Code. Reference: Sections 2116, 2116.5, 2118, 2118.2, 2118.3, 2118.4, 2120 and 2121, Fish and Game Code.

s 671.7. Permits for Aquaculture Purposes.
The Department of Fish and Game may issue permits for importation, possession, and transportation of aquatic animals listed in Section 671 for aquaculture purposes.


Note: Authority cited: Sections 2118, 2120, Fish and Game Code. Reference: Sections 1050, 2116-2118, 2118.5-2123, 2125, 2150-2190, 15200-15202, 15400 and 15600, Fish and Game Code.

s 672. Shooting Exotic Resident and Nonresident Game Birds.


Note: Authority cited: Sections 200 and 3516, Fish and Game Code. Reference: Sections 200 and 3516, Fish and Game Code.

s 673. Importation of Resident Game Birds.
Every person who brings or causes to be brought into this state live domestically reared resident game birds shall have such birds inspected for disease and health conditions by the Department of Fish and Game unless the shipment is accompanied by a certificate from a licensed veterinarian at the point of origin stating that the birds are disease free. Written notice shall be given ten days in advance of all shipments, to the director, showing the date and place of arrival and stating whether or not the birds will be accompanied by a certificate of inspection. Game birds will be rejected for release if found diseased or altered in any manner which would, in the opinion of the department, render them incapable of surviving in the wild. Any birds rejected for release will be kept, destroyed, or returned to the place of origin by the importer at his sole cost and responsibility.


Note: Authority cited: Sections 2120 and 3516, Fish and Game Code. Reference: Sections 2120, 3500 and 3516, Fish and Game Code.

s 674. Permits to Possess Desert Tortoises (Gopherus).
(a) Desert tortoises may be possessed only under the authority of a permit issued by the department. The department may issue a permit for the possession of a desert tortoise provided the tortoise was legally acquired and possessed prior to March 7, 1973. The department may require an applicant for a permit to submit proof of the legal acquisition of any desert tortoise.
(b) Applications for a tortoise permit shall be submitted on forms furnished by the department and may be filed with the department at any time. Upon approval of the application, the department shall provide a tag which shall be affixed to the desert tortoise as directed by the department.
(c) No desert tortoise may be transferred to any other person without prior department approval.
(d) Possession of a desert tortoise, regardless of subspecies, except under the authority of a department permit is in violation of this section. Untagged desert tortoises shall be seized by the department.


Note: Authority cited: Sections 200, 202, 1002 and 5002, Fish and Game Code. Reference: Sections 200-202, 203.1, 5000-5002, 5060 and 5061, Fish and Game Code.

s 675. Importation and Sale of Domesticated Reindeer Meat.
Any domesticated reindeer meat imported into this state shall be accompanied by a bill of lading, a copy of which shall be forwarded to the Department of Fish and Game, Sacramento, within 24 hours after such importation. The bill of lading shall indicate the number of carcasses or pieces of reindeer meat, the total weight of the shipment, the country of origin and the name of the importer.
(a) No domesticated reindeer carcass or portion thereof shall be transported for sale or sold by an importer or wholesaler unless each quarter and each loin or each piece of the carcass of each reindeer is tagged with a domesticated game breeders tag or seal as provided in sections 3206 and 3207 of the Fish and Game Code.
(b) Tags or seals must be affixed to reindeer meat at the point of origin or by the importer before the meat is distributed for storage or sale in California.
(c) No tag or seal so affixed shall be used again.
(d) No tag or seal shall be sold by the department to anyone other than a person who is legally in possession of domesticated reindeer, reindeer carcasses or portions thereof.
(e) The keeper of a hotel, restaurant, boarding house, or club may sell portions of a quarter or loin of a domesticated reindeer to a patron or guest for actual consumption on the premises only.
(f) A retail meat dealer may sell portions of a quarter or loin of a domesticated reindeer carcass to a customer for actual consumption. All packages containing such portions shall be marked to indicate the origin, place of sale, amount contained in each package and date of sale. This marking shall be kept with the reindeer meat until such meat is consumed.
(g) The premises of such importers, wholesalers and retailers, together with the premises of such hotels, restaurants, boarding houses and clubs shall be open to inspection by the department at all times.


Note: Authority cited: Section 3219, Fish and Game Code. Reference: Sections 1006 and 3219, Fish and Game Code.

s 676. Fallow Deer Farming.
(a) General Provisions. Fallow deer farming is defined as the rearing of fallow deer for commercial sale of meat and other parts or for sale of live fallow deer pursuant to these regulations. No person shall engage in any deer farming activity except as provided by the Fish and Game Code and regulations provided herein. Only fallow deer (Dama dama) may be possessed for deer farming purposes.
(b) Permit Information.
(1) Application. Application for a fallow deer farming permit shall be made on Fallow Deer Farming Application, LRB 1676 (3/97), which is incorporated by reference herein. Application forms are available from the Department of Fish and Game, License and Revenue Branch, 3211 S Street, Sacramento, CA 95816. A new applicant shall complete the application form in its entirety, including information on the plan of operation, source of fallow deer, testing protocol and contingency plans for recapture of escaped fallow deer.
(2) Residency Requirement. Applicants shall be at least 18 years old and be residents of California.
(3) Inspection of Facility. No new fallow deer farming permit shall be issued until the applicant's facility is inspected and approved by the department. The department shall charge a fee pursuant to Section 2150.2 of the Fish and Game Code in an amount sufficient to cover the cost of the inspection.
(4) Term of a New Fallow Deer Farming Permit. Nontransferable, new fallow deer farming permits issued under the provisions of this section shall be valid for a term of one year. A permanent permit number shall be issued to the permittee for marking slaughtered fallow deer for transport.
(5) Fallow Deer Farming Permit Renewal. Fallow deer farming permits must be renewed by January 1 of each year. An inspection is required for the renewal of a fallow deer farming permit and may be accomplished by the department pursuant to the provisions of subsection (b)(3) above. In lieu of a department inspection, the department may approve a renewal application when a veterinarian, or other person who has obtained a degree in veterinary medicine from a college or university accredited by the American Veterinary Medical Association, certifies in writing that he/she has inspected the facility and found it to be in compliance with this section. If a veterinarian inspects the facility, he/she must certify that each of the permittee's fallow deer have been observed at least once during the prior year and that they have been appropriately cared for and appear healthy. No person shall falsely certify that the facility has been inspected and that such facility is in compliance.
(6) Terminating a Fallow Deer Farming Permit. Any fully or partially certified fallow deer farm permitted pursuant to this section shall notify the department within 45 days of its intended termination of fallow deer farming operations. The permittee shall identify the number of fallow deer under his/her possession and the disposition of fallow deer upon termination of operations. Upon termination of operations, fallow deer shall be slaughtered for meat consumption or, with proper health certifications, sold to another permitted fallow deer operation in California or sold and transported out of state.
(7) Denial. The department may deny the issuance of a fallow deer farming permit for failure to comply with the terms and conditions of a permit or the provisions of this section. Any person denied a permit under these regulations may request a hearing before the commission to show cause why their permit should not be denied.
(8) Revocation. Any fallow deer farming permit issued pursuant to these regulations may be revoked 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 these regulations, 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.
(9) Fees. Pursuant to sections 2150 and 2150.2 of the Fish and Game Code, the following fees have been established to offset costs of administering and enforcing the associated laws and regulations.
(A) Application Fee. The application fee for a new fallow deer farming permit shall be $30.00 and shall be annually adjusted pursuant to Section 713 of the Fish and Game Code to offset the department's administrative costs of processing an application.
(B) Permit Fee. The fallow deer farming permit fee shall be $200.00. This fee shall be annually adjusted (base year 1997) pursuant to Section 713 of the Fish and Game Code.
(C) Inspection Fee. The annual fallow deer farming inspection fee shall be an amount sufficient to cover the department's cost of inspection. If, in lieu of a department inspection, a qualified veterinarian performs the inspection pursuant to subsection (b)(5) above, the annual fallow deer farming inspection fee shall be waived.
(c) Certification. All new fallow deer farming facilities shall be fully certified by the department. Fallow deer farms allowed to operate under partial certification when the fallow deer regulations were initially adopted in 1994 may satisfy the requirements for full certification set forth in this section.
(1) Full Certification. Fully certified fallow deer farms shall comply with the following requirements:
(A) Marking. All fallow deer shall be marked in such a manner that they are individually identifiable as stock of the permittee.
(B) Testing. All fallow deer six months of age or older shall undergo two tests, at least 12 months apart, for tuberculosis and one test for brucellosis within three years of the owner being granted a fallow deer farming permit, unless the fallow deer were obtained from a fully certified herd in the state. Tests shall be administered and interpreted by a U.S. Department of Agriculture accredited veterinarian approved by the department.
(C) Negative Herd Status. Full certification will not be granted unless negative herd status (not having a significant possibility of being infected) is determined by the department.
(D) Movement of Live Fallow Deer. Only fully certified fallow deer farms in full compliance with the provisions of subsection (f) of this section may serve as sources within California for stock for new fallow deer farms. Fully certified fallow deer farms may sell, trade or transport live fallow deer to any person in California in possession of a valid fallow deer farming permit issued by the department. Permittees shall maintain records of such transactions, including the number of fallow deer transferred, identification of individual fallow deer and the name and address of the person receiving the fallow deer. The provisions of subsection (e) of this section shall be complied with when importing fallow deer stock from outside of California.
(2) Existing Partially Certified Fallow Deer Farms. Existing partially certified fallow deer farms must comply with the following requirements:
(A) Marking. All fallow deer should be marked in such a manner that they are individually identifiable as stock of the permittee.
(B) Prohibition on Movement of Live Fallow Deer. Partially certified fallow deer farmers shall not sell, trade or transport, except to slaughter, live fallow deer in California.
(d) Sale of Meat. Fallow deer farmers may sell the meat of slaughtered fallow deer to persons within or outside of California. A receipt shall be prepared and included with each shipment of meat. This receipt shall show the date of the transaction, identify the quantity of meat sold and bear the name and permit number of the fallow deer farmer selling the meat. A copy of the receipt shall be retained by the permittee for a period of one year after the date of transaction. Any person may obtain meat from a fallow deer farmer and sell it to the ultimate consumer. No permit is required of persons reselling meat obtained from fallow deer farmers. (Note: Fallow deer shall be humanely slaughtered in compliance with Penal Code Section 597.)
(e) Importation of Fallow Deer for Farming. Fallow deer shall not be imported into California for the purposes of farming, except as provided by these regulations.
(1) Importation Application Requirement. A Fallow Deer Farming Importation Application, LRB 1676A (3/97), which is incorporated by reference herein, shall be completed in its entirety by permittees wishing to obtain fallow deer stock from outside California. This application and documentation identified below shall be submitted to the Department of Fish and Game, Wildlife Investigations Laboratory, 1701 Nimbus Road, Suite D, Rancho Cordova, California 95670. Application forms are available at this address. The approved Fallow Deer Farming Importation Application form must accompany the imported fallow deer stock.
(2) Health Certificate Requirement. A health certificate issued by a U.S. Department of Agriculture accredited veterinarian or other person who has obtained a degree in veterinary medicine from a college or university accredited by the American Veterinary Medical Association in the state from which the fallow deer stock is being shipped shall accompany the imported fallow deer stock. This health certificate shall contain the methods used for testing, the results of the testing and be correlated to identifying markings on fallow deer tested.
(3) Copy of Official Test Results Required. A copy of the official results from tests conducted in the state of origin shall be submitted with the Fallow Deer Farming Importation Application form. Information on the test methods used and the results for each fallow deer tested shall be included.
(4) Disease Tests Required.
(A) Bovine Tuberculosis Testing. The herd of origin shall have undergone official testing for bovine tuberculosis within 24 months of importation of fallow deer, using a Single Cervical Tuberculin (SCT) Test or a Blood Tuberculosis (BTB) Test. All fallow deer six months of age or older shall be tested for tuberculosis within 120 days prior to entry into California and shall have been classified negative for tuberculosis based upon an official test. (Note: It is recommended that imported fallow deer be tested 90-120 days after importation.)
(B) Brucellosis. The veterinarian issuing the health certificate shall attest that the fallow deer to be imported into California are not known to be infected with brucellosis and that the animals have not been in contact with animals of unknown brucellosis status. Fallow deer six months of age or older shall be tested for brucellosis within 30 days of entry into California.
(C) Other Disease Testing. The department shall reserve the right to require additional testing prior to importation when there is reason to believe other diseases, parasites or other health risks are present. The department shall provide written notification if such testing is required.
(f) Disease Prevention and Control.
(1) Herd Testing for Bovine Tuberculosis. Testing is not required if no fallow deer have been added to the herd except by birth and if imported fallow deer have been properly tested.
(2) Issuance of Hold Order if Herd Test is Positive. If a herd is found positive for bovine tuberculosis, a hold order will be issued by the State Animal Health Official, (the chief veterinarian or official for a state animal disease control program), and an epidemiologic evaluation of all fallow deer in the herd must be conducted by a State or USDA veterinarian. If the epidemiologic evaluation indicates a negative herd status, the hold order shall be removed. If the epidemiologic evaluation indicates a positive herd status (having a significant possibility of being infected), the herd shall be classified as infected. Positive status fallow deer shall be identified, and the department shall issue a hold order for the herd. The permittee shall immediately prepare a written plan for eliminating bovine tuberculosis from the herd. When this plan is approved by the department it shall constitute a memorandum of understanding between the permittee, the state and appropriate federal agencies to eliminate bovine tuberculosis from the infected herd. The department shall make every reasonable effort to minimize economic loss to the impacted permittee. (Note: The state has no indemnification for depopulation of an infected herd).
(3) Other Disease Testing. The department shall reserve the right to additional testing when there is reason to believe other diseases, parasites or other health risks are present. The department shall notify the permittee in writing if such testing is required.
(4) Retention of Health Records. The permittee shall maintain all health records of individual fallow deer for a minimum of three years.
(g) Facility and Maintenance Requirements. The following general housing and maintenance provisions shall be complied with in rearing fallow deer for fallow deer for farming:
(1) An enclosure shall provide no less than 800 square feet of area for one animal and another 200 square feet for each additional fallow deer.
(2) Perimeter fences shall be eight feet in height and shall be constructed of a minimum of 12.5 gauge woven wire or equivalent. Posts shall be of structurally sound 4 x 4 wood or equivalent.
(3) Natural or artificial shelter from the elements shall be provided for all animals.
(4) Potable water shall be provided for fallow deer at all times.
(5) Fallow deer shall be observed every day by the person in charge of the care of the animals or by someone working under his/her direct supervision. Sick or diseased, stressed, injured or lame fallow deer shall be provided with veterinary care or humanely destroyed.
(h) Availability of Records and Inspection of Facility by Department. Any person holding a fallow deer farming permit authorized under this section shall allow the department's employees to enter his/her premises upon request at a reasonable hour, to inspect facilities, fallow deer restraining equipment and fallow deer possessed by the permittee, or to inspect records required to be maintained by these regulations or federal regulations relating to fallow deer farming.


Note: Authority cited: Sections 1002, 2120, 2150 and 2150.2, Fish and Game Code. Reference: Sections 2116.5, 2120, 2124, 2150, 2150.2, 2150.4, 2150.5, 2151, 2185, 2186, 2187, 2189, 2190, 2350 and 2355, Fish and Game Code.

s 677. Dog Training and Field Trials.
(a) Dog Training When No Wild Birds Are Captured, Injured, or Killed. Notwithstanding Section 265 of these regulations, a person may train dogs to retrieve, or to point or flush game birds, or may train for or participate in field trails or similar events related to these activities, at any time of year from sunrise to sunset if no wild birds are captured, injured, or killed. Domestically reared birds may be released and taken for dog training or field trials only as provided in Section 677(b). Dogs shall not be trained on or otherwise be allowed to pursue any birds that have special protection under California or federal law, including but not limited to fully protected birds (Section 3511 of the Fish and Game Code) and endangered, threatened or candidate species (Section 670.5 of these regulations and Code of Federal Regulations, Title 50, Section 17.11).
(b) Release and Take of Birds. Notwithstanding Section 671.6 of these regulations, bobwhite and coturnix quail, domestic pigeons, and the following domestically reared game birds may be released and/or taken during dog training or organizational field trials in accordance with subsections (b)(1) through (b)(5) of this section, general resident game bird regulations, or licensed game bird club regulations: pheasants (Phasianus colchicus), including all ring-necked pheasant races, chukar, Hungarian partridge and captive-reared mallard ducks.
(1) Hunting License Required. Each person taking domestically reared game birds must possess a valid California hunting license. In addition, each person, except holders of junior hunting licenses, taking Hungarian partridge, ring-necked pheasant, and chukar must possess a valid Upland Game Bird Stamp.
(2) Prior Notification Required. Persons releasing and/or taking game birds in accordance with this section during organized field trials or hunt tests shall provide the Department's regional office in the region where the birds will be released and/or taken the following information at least three business days prior to the activity. This notification shall be in letter form, by fax, or by internet. The information required includes:
(A) The name, address, and telephone number of the person providing the information.
(B) The location that birds will be released and/or taken.
(C) The approximate number of each species of bird that will be released and/or taken.
(D) The approximate number of persons who will be involved in the release and/or take.
(E) The date and time that birds will be released and/or taken.
For any event where more than one person may be taking birds, only a single notification is required.
(3) Restrictions On Daily Take.
(A) Domestically reared game birds may be taken only on the day they are released, except when taken pursuant to general resident game bird regulations.
(B) Bobwhite quail and coturnix quail released for dog training or field trial purposes may be taken on any day.
(4) Marking of Birds.
(A) Prior to Release. If the Department determines that there is a need to distinguish domestically reared game birds used for dog training or field trials from other game birds at a particular location or event, the Regional Manager may require that some or all species of domestically reared game birds used for dog training or field trials be marked with streamers, coloring, or other conspicuous material prior to their release.
(B) Carcass. The carcass of each pheasant and chukar shall be tagged with a seal as provided by Section 3206 of the Fish and Game Code. The carcasses of bobwhite quail and coturnix quail need not be tagged. While in the field, all birds must be in a condition that the species can be identified.
(5) Inspection of Birds. The department may inspect all birds prior to their release and no birds may be released if the department determines that such releases may have significant potential to transmit diseases to wild bird populations.


Note: Authority cited: Sections 200, 202, 203, 3508 and 3516, Fish and Game Code. Reference: Sections 86, 203, 2080, 3500, 3502, 3508, 3511 and 3513-3516, Fish and Game Code.

s 678. Captive Raptor Breeding.
(a) General Provisions. No person shall engage in any activity related to the propagation of raptors except as provided by the Fish and Game Code and regulations provided herein. Applicable regulations adopted by the U.S. Secretary of the Interior pursuant to the Migratory Bird Treaty Act and published in Title 50, Code of Federal Regulations (CFR), Part 21 (Revised 9/14/89) are hereby incorporated and made available upon request from the Department of Fish and Game, Wildlife Protection Division, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090.
(b) Department Inspections. The department may enter the premises of any permittee at any reasonable hour to inspect all housing, equipment, or raptors possessed by the permittee, or to inspect, audit, or copy any permit, book, or record required to be kept by these regulations.


Note: Authority cited: Sections 200 and 395, Fish and Game Code. Reference: Sections 200 and 395, Fish and Game Code.

s 679. Possession of Wildlife and Wildlife Rehabilitation.
(a) General Prohibition on Possession of Wildlife. Except as proved in subsection (b) below or as otherwise authorized, it is unlawful for any person to possess any live game mammal or bird, nongame mammal or bird, furbearer, reptile or amphibian.
(b) Temporary Confinement of Wildlife. Except for big game mammals listed in Section 350, Title 14, CCR, injured, diseased or orphaned animals may be temporarily confined by persons if they notify the nearest regional office of the department within forty-eight (48) hours of finding or confining such wildlife. Notification shall include name and address; the species of wildlife and a description of its injury, disease or condition; the date and location the wildlife was found; and the location where the wildlife is confined. Confined animals must be disposed of pursuant to department direction, including placement in a department-approved wildlife rehabilitation facility. (Department offices: Region 1 (Redding), (916) 225-2300, Region 2 (Rancho Cordova), (916) 355-0978, Region 3 (Yountville), (707) 944-5500, Region 4 (Fresno), (209) 222-3761, Region 5 (Long Beach), (310) 590-5132)
(c) Prohibition on Possession of Big Game Mammals or Fully Protected, Threatened or Endangered Species Except Under Department Permit. No person or wildlife rehabilitation facility may possess any big game mammal listed in Section 350, Title 14, CCR, or any fully protected, endangered or threatened bird, mammal, fish, reptile or amphibian without specific written authorization from the department.
(d) Prohibition on Picking up Disabled Wildlife in a Department Designated Oil/Toxic Spill Area. No person may enter a department designated oil/toxic spill area for the purpose of picking up disabled wildlife or transport or possess wildlife disabled by an oil spill or other spilled toxic substance unless that person has completed the training required by subsections 817.02(i) and (j), Title 14, CCR, and has authorization from the department. Designated oil/spill areas shall be clearly posted by the department.
(e) Wildlife Rehabilitation Facilities.
(1) Wildlife Rehabilitation Facility Defined. For the purposes of these regulations, a wildlife rehabilitation facility is defined as a site where activities are undertaken to restore to a condition of good health, for the purpose of release to the wild, animals occurring naturally and not normally domesticated in this state.
(2) Approval of Wildlife Rehabilitation Facility. The department may approve and issue a permit in the form of a Memorandum of Understanding to only those wildlife rehabilitation facilities which meet the wildlife care standards set forth in the 1993 Wildlife Rehabilitation Minimum Standards and Accreditation Program manual published jointly by the International Wildlife Rehabilitation Council and the National Wildlife Rehabilitators Association. The above wildlife care standards are hereby adopted and made a part of this Title 14 and shall be included as part of DEPARTMENT OF FISH AND GAME MANUAL 679 (5/94) - WILDLIFE REHABILITATION AND CARE STANDARDS, which is incorporated by reference herein. This manual shall be made available to all permittees and other interested individuals. Existing wildlife rehabilitation facilities not meeting these standards will not be permitted to rehabilitate wildlife after June 6, 1997. New facilities must comply with the standards upon the effective date of these regulations.
(f) Provisions Related to the Operation of a Wildlife Rehabilitation Facility.
(1) Responsibility for Costs Incurred. The operator of a wildlife rehabilitation facility shall be reasonable for any and all costs incurred in connection with the treatment, confinement or transportation of wildlife.
(2) Liability. The operator of a wildlife rehabilitation facility shall indemnify, defend and save harmless the State, its officers, agents, and employees from any and all claims and losses occurring or resulting to any person or property in connection with the treatment, confinement or transportation of wildlife.
(3) Restrictions Related to Holding Wildlife. Wildlife temporarily held for rehabilitation must be maintained separate from facilities housing domestic animals and shall not be displayed to the public. Such wildlife shall have minimal direct human contact. Every effort shall be made to prevent imprinting.
(4) Department Approval Requirement for Release of Wildlife Back into the Wild. Rehabilitated wildlife may be released back into the wild only as directed by the department. All mammals and raptors shall be marked with bands or tags provided by the department (see "BANDING, TAGGING, MARKING" in Wildlife Rehabilitation and Care Standards Manual.) If any animal cannot be released, it shall be transferred to a zoological garden, museum, college, university or other educational/research institution or wildlife exhibitor. If it cannot be released or transferred, it shall be humanely euthanized. These regulations do not authorize any person, facility or organization to accept, possess or relocate nuisance wildlife. Any healthy wildlife trapped in towns or cities or removed from under buildings or otherwise taken or trapped because of human/animal conflict shall be immediately released in the area where trapped or disposed of as directed or authorized by the department. Any such wildlife that has been determined by a veterinarian to be so seriously ill that it cannot be treated shall be euthanized and tested as directed by the appropriate county public health agency or the department.
(5) Notification Requirement for Dead or Diseased Animals. The operator of a wildlife rehabilitation facility shall notify the nearest department region office within twenty-four (24) hours if any animal dies of a disease specified in the facility's permit or is suspected to have died from one of those diseases and shall make the dead animal available for delivery to the department or other facility as directed by the department. (continued)