This site will be continually under construction and changing as the states, counties and municipals continually change their regulations and laws. These are the current regulations for 1996 that we have received to date. If you have other information, please let us know the citations of those laws or regulations, the state and when the changes went or will go into effect by sending e-mail to lawschange@monkeymaddness.com.

671. Importation, Transportation and Possession of Wild Animals.

(a) Species listed in subsection (c) of this Section are prohibited and it shall be unlawful to import, transport or possess these species alive except under permit issued by the Department of Fish and Game. Permits for importation, transportation or possession of these species shall be refused by the department, except that permits may be granted as specified herein and for purposes designated in Section 671.1 subject to the conditions and restrictions contained in sections 671.1, 671.2, 671.3, 671.4, 671.5, 671.6, and 671.7 and such other conditions as may be designated by the department. Cities and counties may prohibit possession or require a permit for species not requiring a state permit.

(b) In designating these prohibited species, the commission has determined that they are not normally domesticated in this state and recognizes two specific classes of prohibited wild animals. Mammals listed to prevent the depletion of wild populations and to provide for animal welfare are termed "welfare animals", and are designated by the letter "W". Those species listed because they pose a threat to native wildlife, the agriculture interests of the state or to public health or safety are termed "detrimental animals" and are designated by the letter "D". Animals may be added to or deleted from this list pursuant to the provisions of Section 2118(k) of the Fish and Game Code. The department shall include the list of welfare and detrimental wild animals as part of DFG MANUAL NO. 671 (2/25/92) IMPORTATION, TRANSPORTATION AND POSSESSION OF WILD ANIMALS, to be made available to all permittees and other interested individuals.

(c) No person shall release into the wilds of this state any animal which is not native to California except as provided in these regulations (See Section 671.6). Prohibited species include:

(2) Class Mammalia-Mammals.

(A) Order Primates-Monkeys, Apes

All species (W), except Family Hominidae not prohibited.

(B) Order Edendata-Sloths, Anteaters, Armadillos, etc

In 1992, the California Fish and Game Commission terminated the issue of permits for pet primates, making it illegal to obtain or keep primates unless legally acquired prior to 1992. However, individuals or institutions can apply for permits through FWS to keep and/or import primates for educational or propagation purposes (to benefit the species). Specifically, it is legal to own a primate by the means of an exhibition permit under section 671.1 b.1.A of the Dept of Fish and Game Manual (Appendix B1). As discussed below (Section 2), this exhibit permit can be used as a legal loophole for the ownership of primates as pets.

SECTION 1. Chapter 9 (commencing with Section 31601) is added to Division 14 of the Food and Agricultural Code, to read:

CHAPTER 9. POTENTIALLY DANGEROUS AND VICIOUS DOGS Article 1. Findings, Definitions, and General Provisions

31601. The Legislature finds and declares all of the following:

(a) Potentially dangerous and vicious dogs have become a serious and widespread threat to the safety and welfare of citizens of this state. In recent years, they have assaulted without provocation and seriously injured numerous individuals, particularly children, and have killed numerous dogs. Many of these attacks have occurred in public places.

(b) The number and-severity of these attacks are attributable to the failure of owners to register, confine, and properly control vicious and potentially dangerous dogs.

(c) The necessity for the regulation and control of vicious and potentially dangerous dogs is a statewide problem, requiring statewide regulation, and existing laws are inadequate to deal with the threat to public health and safety posed by vicious and potentially dangerous dogs.

31602. 'Potentially dangerous dog' means any of the following:

(a) Any dog which, when unprovoked, ontwo separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or keeper of the dog.

(b) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604. Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.

31603. 'Vicious dog, means any of the following:

(a) Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.

(b) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.

(c) Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31641, 31642, or 31643.

31604. 'Severe injury' means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

31605. 'Enclosure' means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the animal from escaping. The animal shall be housed pursuant to Section 597t of the Penal Code.

31606. 'Animal control department' means the county or city animal control department. If the city or county does not have an animal control department, it means whatever entity performs animal control functions.

31607. 'Impounded' means taken into the custody of the public pound or animal control department or provider of animal control services to the city or county where the potentially dangerous or vicious dog is found.

31608. 'County' includes any city and county.

31609.

(a) This chapter does not apply to licensed kennels, humane society shelters, animal control facilities, or veterinarians.

(b) This chapter does not apply to dogs while utilized by any police department or any law enforcement officer in the performance of police work.-

Article 2. Judicial Process

31621. If an animal control officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the chief officer of the public pound or animal control department or his or her immediate supervisor or the head of the local law enforcement agency, or his or her designee, shall petition the municipal court within the judicial district wherein the dog is owned or kept, for a hearing for the purpose of determining whether or not the dog in question should be declared potentially dangerous or vicious. A city or county may establish an administrative hearing procedure to hear and dispose of petitions filed pursuant to this chapter. Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause shall be sworn to and verified by the complainant and shall be attached to the petition. The chief officer of the public pound or animal control department or head of the local law enforcement agency shall notify the owner or keeper of the dog that a hearing will be held by the municipal court or the hearing entity, as the case may be, at which time he or she may present evidence as to why the dog should not be declared potentially dangerous or vicious. The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first-class mail with return receipt requested. The hearing shall be held promptly within no less than five working days nor more than 10 working days after service of notice upon the owner or keeper of the dog. The hearing shall be open to the public. The court may admit into evidence all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. A jury shall not be available. The court may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and make other orders authorized by this chapter.

31622.

(a) After the hearing conducted pursuant to Section 31621, the owner or keeper of the dog shall be notified in writing of the determination and orders issued, either personally or by first-class mail postage prepaid by the court or hearing entity. If a determination is made that the dog is potentially dangerous or vicious, the owne'r or keeper shall comply with Article 3 (commencing with Section 31641) in accordance with a time schedule established by the chief officer of the public pound or animal control department or the head of the local law enforcement agency, but in no case more than 30 days after the date of the determination or 35 days if notice of the determination is mailed to the owner or keeper of the dog. If the petitioner or the owner or keeper of the dog contests the determination, he or she may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction to a court authorized to hear the appeal. The fee for filing an appeal shall be twenty dollars ($20.00), payable to the county clerk. If the original hearing held pursuant to Section 31621 was before a hearing entity other than the municipal court of the jurisdiction, appeal shall be to the municipal court. If the original hearing was held in the municipal court, appeal shall be to the superior court within the judicial district wherein the dog is owned or kept. The petitioner or the owner or keeper of the dog shall serve personally or by first-class mail, postage prepaid, notice of the appeal upon the other party.

(b) The court hearing the appeal shall conduct a hearing de novo, without a jury, and make its own determination as to potential danger and viciousness and make other orders authorized by this chapter, based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods set forth in Section 31621 and subdivision (a). The court may admit all relevant evidence, including incident reports and the affidavits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The issue shall be decided upon the preponderance of the evidence. If the court rules the dog to be potentially dangerous or vicious, the court may establish a time schedule to ensure compliance with this chapter, but in no case more than 30 days subsequent to the date of the court's determination or 35 days if the service of the judgment is by first-class mail.

31623. The court or hearing entity of original jurisdiction or the court hearing the appeal may decide all issues for or against the owner or keeper of the dog even if the owner or keeper fails to appear at the hearing.

31624. The determination of the court hearing the appeal shall be final and conclusive upon all parties.

31625.

(a) If upon investigation it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the dog in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the dog pending the hearings to be held pursuant to this article. The owner or keeper of the dog shall be liable to the city or county where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious.

(b) When a dog has been impounded pursuant to subdivision (a) and it is not contrary to public safety, the chief animal control officer shall permit the animal to be confined at the owner's expen,se in a department approved kennel ,or veterinary facility.

31626.

(a) No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon, premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerous or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. No dog may be declared potentially dangerous or vicious if an injury or damage was sustained by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog.

(b) No dog may be declared potentially dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

Article 3. Disposition of Potentially Dangerous or Vicious Dogs

31641. All potentially dangerous dogs shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the court or hearing entity has determined the designation applies to the dog. The city or county may charge a potentially dangerous dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog.

31642. A potentially dangerous dog, while on the owner's property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A potentially dangerous animal may be off the owner's premises only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult.

31643. If the dog in question dies, or is sold, transferred, or permanently removed from the city or county where the owner or keeper resides, the owner of a potentially dangerous dog shall notify the animal control department of the changed condition and new location of the dog in writing within two working days.

31644. If there are no additional instances of the behavior described in Section 31602 within a 36-month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the 36-month period if the owner or keeper of the dog demonstrates to the animal control department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety.

31645.

(a) A dog determined to be a vicious dog may be destroyed by the animal control department when it is found, after proceedings conducted under Article 2 (commencing with Section 31621), that the release of the dog would create a significant threat to the public health, safety, and welfare.

(b) If it is determined that a dog found to be vicious shall not be destroyed, the judicial authority shall impose conditions upon the ownership of the dog that prot ect the public health, safety, and welfare.

(c) Any enclosure that is required pursuant to subdivision (b) shall meet the requirements of Section 31605. 31646. The owner of a dog determined to be a vicious dog may be prohibited by the city or county from owning, possessing, controlling, or having custody of any dog for a period of up to three years, when it is found, after proceedings conducted under Article 2 (commencing with Section 31621), that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.

Article 4. Penalties

31662. Any violation of this chapter involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars ($500.00). Any violation of this chapter involving a vicious dog shall be punished by a fine not to exceed one thousand dollars ($1,000.00).

31663.- All fines paid pursuant to this article shall be paid to the city or county in which the violation occurred for the purpose of defraying the cost of the implementation of this chapter.

Article 5. Miscellaneous

31681. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect othe-r provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

31682. The Judicial Council shall prepare all forms necessary to give effect to this chapter, including a summons or citation to be used by law enforcement agencies in the enforcement of this chapter. This chapter does not affect or change the existing civil liability or criminal laws regarding dogs.

31683. Nothing in this chapter shall be construed to prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs that may incorporate all, part, or none of this chapter, or that may punish a violation of this chapter as a misdemeanor or may impose a more restrictive program to control potentially dangerous or vicious dogs, provided that no program shall regulate these dogs in a manner that is specific as to breed.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for those costs which may be incurred by a local agency or school district because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Moreover, no reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.

671. Importation, Transportation and Possession of Wild Animal.

(a) Species listed in subsection (c) of this Section are prohibited and it shall be unlawful to import, transport or possess these species alive except under permit issued by the Department of Fish and Game. Permits for importation, transportation or possession of these species shall be refused by the department, except that permits may be granted as specified herein and for purposes designated in Section 671.1 subject to the conditions and restrictions contained in sections 671.1, 671.2, 671.3, 671.4, 671.5, 671.6, and 671.7 and such other conditions as may be designated by the department. Cities and counties may prohibit possession or require a permit for species not requiring a state permit.

(b) In designating these prohibited species, the Commission has determined that they are not normally domesticated in this state and recognizes two specific classes of prohibited wild animals. Mammals listed to prevent the depletion of wild populations and to provide for animal welfare are termed "welfare animals", and are designated by the letter "W". Those species listed because they pose a threat to native wildlife, the agriculture interests of the state or to public health or safety are termed "detrimental animals" and are designated by the letter "D". Animals may be added to or deleted from this list pursuant to the provisions of Section 2118(k) of the Fish and Game Code. The department shall include the list of welfare and detrimental wild animals as part of DFG MANUAL NO. 671 (2/25/92) IMPORTATION, TRANSPORTATION AND POSSESSION OF WILD ANIMALS, to be made available to all permittees and other interested individuals.

(c) No person shall release into the wilds of this state any animal which is not native to California except as provided in these regulations (see Section 671.6). Prohibited species include:

(2) Class Mammalia - Mammals (K) Order, Carnivora - Raccoons, Ringtailed Cats, Kinkajous, Coatis Cacomistles, Weasels, Ferrets, Skunks, Polecats, Stoats, Mongoose, Civets, Wolves, Foxes, Coyotes, Lions, Tigers, Ocelots, Bobcats, Servals, Leopards, Jaguars, Cheetahs, Bears, etc.

1. Family Felidae - All species

a. Acinonyx jabatus (cheetahs) - All species - (D).

b. All other species - (W), except that domestic cat is not prohibited and is exempt from permit requirement.

2. Family Canidae - All species - (W).

a. Wolf hybrids Canis familiaris (domestic dog) x Canis lupus {wolf).

i. Any Fl (first) generation wolf hybrid whelped on or before February 4, 1988 may be possessed under permit from the department.

ii. No state permit is required to possess the progeny of Fl generation wolf hybrids, but cities and counties may prohibit possession or require a permit.

b. Domesticated dogs are not prohibited and no permit is required. Authority: Sections 2118 and 2120, Fish and Game Code. Reference: Sections 1002, 2116, 2118, 2118.2, 2118.4, 2119-2155, 3005.9 and 3005.92, Fish and Game Code

671.1 Permits for Possession of Wild Animals.

(a) Authorized Permits. With the concurrence of the Departments of Health and Food and Agriculture, the Department of Fish and Game pursuant to this section and Section 671, Title 14, CCR, may issue permits for the importation, transportation and possession of species listed in Section 671 to zoological gardens, colleges, universities, government research agencies, other bona fide scientific institutions as determined by the department and to persons authorized pursuant to subsections (b)(1) through (8) of this section

(1) General Provisions. It shall be unlawful to import, export, transport, maintain or dispose of any prohibited Species except as authorized by these regulations and pursuant to terms and conditions established by the department to specifically provide for the welfare of the animal and to provide for the public health and safety.

(2) Inspection of Facility. A permit shall not be issued by the department unless the applicant's facilities have been inspected and approved. Inspections shall be conducted by the department's employees, persons designated by the department pursuant to Section 2020 of the Fish and Game Code, or a licensed veterinarian or any person who has obtained a degree in veterinary medicine from a college or university accredited by the American Medical Association [See subsection (c)(6)(B)].

(3) Prohibited transfer. It is unlawful to transfer possession or ownership of any prohibited animal to anyone not authorized to possess the animal pursuant to Sections 671-671.6.

(4)Exportation/Transfer Notification. The department's Wildlife Protection Division, 1416 Ninth Street, Sacramento, California 95814 (telephone no. 916-653-9742) must be notified within 48 hours of the exportation or transfer of any prohibited species.

(b) Types of Permits. The department may authorize the importation, transportation and possession of prohibited species under the following permits:

(1) Exhibiting Permit.

(A) Resident. The permittee is authorized by the department to exhibit, to possess wild animals for pubic display, including schools or those providing educational exhibits, public exhibition, or public education, and for commercial photographic use such as in motion pictures, still photography or television. Before any animal held by an exhibitor may be used for breeding, the exhibitor shall obtain a special written authorization from the department. Applicants shall be at least 18 years old, residents of California, work professionally with the desired animals for profit or nonprofit purposes and possess the qualifying experience specified in (b)(2)(A)2 below. Applicants shall provide the following information:

(B) A resume which outlines the applicant's qualifying experience; and

(C) A letter of recommendation from the facility(/ies) where the applicant gained his/ her experience. Such facility(/ies) shall possess a valid California permit which authorizes breeding or exhibiting or, if the facility is out of state, it shall be licensed by the United States Department of Agriculture (USDA) permit. The letter shall state the quality and extent of the applicant's Knowledge and experience in handling and caring for the particular species on the applicant's request. Out-of- state facilities shall furnish a copy of their current USDA permit with the letter for the request to be considered.

(D) Nonresident. A permittee is authorized by the department to import into and transport, possess, exhibit and maintain within California specified prohibited wild animals as designated in Section 671. This permit is issued only to persons who are not residents of California, but who are licensed to exhibit by the USDA in another state and who professionally exhibit animals in another state. Permits shall be valid for a one-year period. Permittees shall not transport or possess wild animals within the state for periods exceeding their exhibiting itinerary unless they provide

Section 671.3 for each animal listed on their permit. Applicants shall submit a oopy of their current USDA permit to the department's Wildlife Protection Division in Sacramento (address given herein) prior to importing any animal into California.

(2) Wild Animal Breeding Permit. The department shall authorize breeding only if it determines that the breeding will not result in unneeded or uncared for animals, and will not be detrimental to the public health and welfare or to the agricultural interests or fish and wildlife resources of the state. The department may permit breeding of threatened and endangered species.

(A) Special Requirements.

1. General. Applicants shall be at least 18 years old, residents of California and possess the required qualifying experience as specified in(b)(2)(A)2 below and have specific authorized reasons for conducting the breeding asset forth below. Applicants shall also provide he following information:

2. Qualifying Experience Resume. A resume which outlines the applicant's qualifying experience. Qualifying experiences defined as the equivalent of at least two years, full-time, hands-on general experience caring for wild animals at a facility(/ies) engaged in a similar or directly related activity. This experience shall include a total of one year of hands-on experience by the applicant or his/her full-time employee in specifically caring for wild animals in the same family or closely related taxonomic family as each animal for which a breeding permit is being requested. After the two years of experience, the permittee may be authorized to acquire additional wild animals beyond those permitted with his/her qualifying experience, by hiring someone with the qualifying experience to specifically care for such animals for a period of one year or by serving an apprenticeship for a period of one year under the direct supervision of someone who has the minimum qualifying experience with the type of animal the permittee wishes to acquire.

3. Letter of Recommendation. A letter of recommendation from the facility(/ies) where the applicant gained his/her experience stating the quality and extent of the applicant's knowledge and experience.

4. Written confirmation. Written confirmation from the permittee that the requested breeding authorization is necessary, or that the animal to be bred is a rare, threatened or endangered species and that further captive breeding of the species is necessary and desirable.

5. Letter of Intent. A letter from the university, research facility, exhibitor, breeder, zoological garden or other authorized recipient requesting the progeny, stating that the progeny shall be maintained in accordance with Sections 671-671.6.

(B) Special Breeding Permit. The department may authorize an authorized exhibitor to conduct a single breeding of a wild animal which is listed on their permit.

(3) Brokering or Dealing Permit. The permittee is authorized by the department to act as a broker or dealer in a transaction involving the buying and/or selling of prohibited wild animals.

(A) Special Requirements.

1. General. Applicants shall be at least 18 years old, residents of California or nonresi-dents who transport animals within the state.

2. Minimum Caging Period. Animals may be kept in their minimum specified transport caging for a period not to exceed 48 hours. An extension may be granted for a period not to exceed an additional 48 hours if approved by the local warden.

3. Transportation Permit. All animals being moved within California shall bc covered by a transportation permit issued pursuant to this section or, if appropriate, by a letter from an American Association of Zoological Parks and Aquariums (AAZPA) accredited institution.

4. Nonresident Restriction The nonresident dealer shall only transport animals between permittees authorized by this section or between AAZPA accredited institutions and permittees or ship them out of state in compliance with Federal guidelines

(4) Fur Farming Permit. A permittee is authorized to conduct fur farming operations. Permits for fur farming require Commission approval. Applicants shall be at least 18 years old, residents of California, raise and breed prohibited wild animals for the commercial fur industry and possess the qualifying experience specified in subsection 671.1(b)(2)(A)2. Applicants shall utilize a humane method of euthanasia which has been approved by the department.

(5) Detrimental Species Permit.

(A) Issuance of permit Permits to possess detrimental wild animals may be issued only to the following.

1. American Association of Zoological Parks and Aquariums (AAZPA) accredited facili- ties, universities, colleges, governmental research agencies or other bona fide scientific institutions, as determined by the department, engaging in scientific or public health research. Such facilities are not mandated to comply with subsection 671.1(b)(2)(A)1 though 5;

2. Persons not designated in (b)(5)(A)1 above with specific Commission approval, except the department may issue permits as authorized in Section 671 for:

a. Birds. Orders Falconiformes and Strigiformes, under conditions set forth in Section 670.

b. Mammals Muskrata, under conditions set forth in Section 2250, Fish and Game Code, and as authorized in Section 671(c)(2)(J)a.

c. Gastropods - the decollate snail, as author in Section 671(c)(9)(A).

(B) Application. When applying for a permit to possess detrimental species, the applicant shall submit the original application to the Department of Fish and Game, Wildlife Protection Division, 1416 Ninth Street, Box 944209, Sacramento, California 04244-2090.

(C) Concurrence of Department of Health Services and Food and Agriculture. The department may issue a Detrimental Species Permit only with the concurrence of the Department of Food and Agriculture and the Department of Health Services, if applicable.

(6) Clearinghouse Permit. The department may authorize prior permittees, or any individual who has qualifying experience as defined in subsection 671.1(b)(2)(A)2 and who has an approved facility to house an animal, to receive and house an animal that has been seized by the department, or that the department determines has been orphaned or abandoned. Such animals may not be bred or used for commercial purposes without specific authorization from the Commission

(7) Animal Care Permit. The department may issue permits authorizing the possession of a prohibited wild animal to persons who do not qualify under subsections 671.1(b)(1)-(3) and (b)(6), but who have the demonstrated experience and ability to house an animal and who were legally in possession of their animals prior to January 1992.

(8) Sheltering Permit. Applicants shall have facilities which qualify as a shelter pursuant to Section 2203 of the Fish and Game Code and shall not engage in any other activity authorized by this section. A permittee is authorized by the department to receive animals which were previously permitted in California. The department may use a permittee's facilities to receive and maintain orphaned, seized or surrendered animals.

(A) Special Requirements.

1. Importation. Shelter permittees may import animals only when such importation is ap- proved by the Commission and the applicant provides the department's Wildlife Protection Division, 1416 Ninth Street, Box 944209, Sacramento, 94244-2090 with written verification that appropriate receiving facilities outside of California were contacted and no housing was available, and that these specific animals would be euthanized if they cannot be placed in California.

2. Caging Provisions. Shelters shall meet all housing requirements as provided for in Section 671.3. 3. Notification Within 24 Hours. Subject to the limitations set forth above a shelter may accept animals at any time. The permittee shall notify the department in writing by certified mail within 24 hours of receipt of any animal.