Regulation of Restricted Wildlife

Article 3, Chapter 2, Division 3 of the Fish and Game Code deals with the regulation and enforcement and wild game related to importing, transporting, and sheltering of restricted live wildlife.

Section 2185 provides that any person who transports, receives, or imports into the state, or transports within the state, any live wild animal must hold that animal in confinement for inspection and immediately notify the nearest enforcing officer of the animal’s arrival. The term “enforcing officer” is defined.

Section 2186 states that, if during inspection upon arrival any wild animal is found to be diseased, or there is reason to suspect the presence of disease, or there is reason to suspect the presence of disease that is or may be detrimental to agriculture, to native wildlife, or to the public health or safety, the diseased animal, and if necessary, the entire shipment is required to be destroyed by, or under the supervision of, the enforcing officer.

Section 2187 specifies that, whenever any wild animal is brought into this state under permit, the enforcing officers may examine the conditions under which that species is kept, and report to the department any suspicion or knowledge of any disease or violations of the conditions of the permit or of the regulations promulgated under this chapter.

Section 2189 defines the term “nonnative wild animal.” Persons are prohibited from importing into this state any live nonnative wild animal except pursuant to this chapter or regulations. Any live nonnative wild animal that is possessed or transported within this state in violation of this chapter or regulations must be disposed of in accordance with regulations adopted at the expense of the owner or possessor.

Section 2190 makes it unlawful for any person who keeps in confinement, with or without a permit, any wild animal of a species enumerated in or designated by law to liberate, ship, or transport the animal except in accordance with the conditions of a permit first obtained from the department.

Section 2192 states that regulations of the commission relating to the construction, fixtures, and other minimum caging standards adopted by the commission for the confinement of live wild animals pursuant to this chapter are not building standards subject to the approval of the State Building Standards Commission.

Section 2193 provides that every person who holds a permit must immediately report by telephone the intentional or unintentional escape or release of the wild animal, to the department and the nearest enforcing officer of the city or county in which the wild animal was released or escaped. The permitholder is liable for all expenses associated with efforts to recapture the wild animal.

Section 2195 provides that, when a wild animal is properly confiscated by the department, the new custodian with whom the animal is placed by the department may bring a civil action to recover the reasonable costs incurred by the custodian for any necessary relocation of the animal to a new facility, any actual and necessary costs to construct new caging to house the animal, and any actual and necessary costs to return the animal to a healthy state.