AB 2512

Bill Subjects

Abstract

(1) Existing law prohibits the importation, transportation, possession, or live release of specified wild animals, except under a revocable, nontransferable permit. Existing law permits the Fish and Game Commission, by regulation, and in cooperation with the Department of Food and Agriculture, to add or delete wild animals from the list of specified wild animals. Existing law requires the Department of Fish and Wildlife to publish, from time to time as changes arise, a list of animals that may not be imported or transported into this state. Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under this code, is a crime. This bill would authorize the commission to adopt regulations to limit the number of individuals or authorized uses of a wild animal, or prohibit the importation, transportation, or possession of any wild animal. The bill would delete the requirement for the department to publish the list and would instead require the department to establish a list of wild animals that may not be imported into, transported, or possessed in this state. The bill would authorize the department to add and delete wild animals from this list in accordance with specified criteria. The bill would require the department to provide rationale for the listing of any species and to consider whether a person may continue to possess any listed animals that are already in that person's possession. The bill would authorize the department to issue a permit allowing a person to import, possess, or transport a listed species of wild animal, as specified. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program. (2) Existing law requires the Fish and Game Commission, in cooperation with the Department of Food and Agriculture, to adopt regulations governing both (A) the entry, importation, possession, transportation, keeping, confinement, or release of any and all wild animals that will be or that have been imported into this state, and (B) the possession of all other wild animals. Existing law requires the regulations to be designed to prevent damage to the native wildlife or agricultural interests of this state resulting from the existence at large of these wild animals, and to provide for the welfare of wild animals and the safety of the public. This bill would authorize the commission to adopt regulations requiring a person who has been issued a permit to provide a financial security to the department that covers all expenses for a period of at least 90 days that the department may incur that are associated with the seizure, care, maintenance, and disposition of any species listed on the permit. (3) Existing law establishes the Fish and Game Preservation Fund in the State Treasury and requires all moneys collected under the provisions of the Fish and Game Code and under the provisions of any other law relating to the protection and preservation of birds, mammals, fish, reptiles, or amphibians to be paid into the fund. Under existing law, the moneys in the fund are available for expenditure, upon appropriation by the Legislature, to the Department of Fish and Wildlife and the Fish and Game Commission for specified purposes. Existing law establishes procedures under which a person claiming a wild animal that is confiscated is required to pay the costs of providing for the animal, as specified, during up to 2 periods of 30 days, during which the person who is not in compliance with the terms of their permit may come into compliance. Existing law authorizes the department to euthanize a confiscated animal or place a confiscated animal with an appropriate wild animal facility if the person claiming the animal fails to comply with the terms of their permit by the expiration of the first or 2nd 30-day period. This bill would require that expenses incurred by the department associated with the seizure, care, maintenance, and disposition of any wild animal be a perfected and enforceable state tax lien on the permittee, possessor, or owner of the wild animal, as specified. The bill would require moneys recovered by a judgment in favor of the department to be deposited in the fund. This bill would authorize the department, if a permittee's violation of specified provisions of law governing the importation, transportation, and sheltering of restricted live wild animals poses an immediate threat to the public health and safety, native wildlife, agricultural interests of the state, or animal welfare, to require the permittee, at the permitee's own expense, to take reasonable actions to remedy the violation within a reasonable time period. If the permittee fails to remedy the violation within the time period determined by the department, the bill would authorize the department to seize, care, hold, and dispose of any wild animal affected by the violation, and recover all expenses associated with the wild animal's seizure, care, holding, and disposal. (4) Existing law requires the Department of Fish and Wildlife to establish fees for permits, permit applications, and facility inspections in amounts sufficient to cover the costs of administering, implementing, and enforcing provisions of law governing the importation, transportation, and sheltering of restricted live wild animals. This bill would require the department, at least once every 5 years, to analyze and, as necessary, adjust those fees to meet the requirements of this provision. (5) Existing law prohibits the importation of a live aquatic plant or animal into this state without the prior written approval of the Department of Fish and Wildlife pursuant to regulations adopted by the Fish and Game Commission, except as specified. This bill would require the department to adjust the amount of the fees adopted by the commission for importation permits for a live aquatic plant or animal, as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to these permits. (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.