1. (a) Provisions Related to the Operation of a Wildlife Rehabilitation Facility and Satellite Facility.

   1. (1) Responsibility for Costs Incurred. A permittee, their designee, or sub-permittee shall be responsible for any and all costs incurred in connection with the temporary confinement, temporary possession, treatment, or transportation of any rehabilitation animal while the rehabilitation animal is temporarily confined or temporarily possessed by a such a person.
   2. (2) Liability. A permittee, their designee, or sub-permittee shall indemnify, defend, and save harmless the State, its officers, agents, and employees from any claims and losses occurring or resulting to any person or property in connection with the capture or treatment, confinement, or transportation of any rehabilitation animal while in the possession of such a person.
   3. (3) Continuing Education. A permittee, their designee, sub-permittee, authorized persons, and qualified handlers shall complete at least 8 hours of continuing education each year. Continuing education constitutes education and training that a permittee, their designee, or sub-permittee has determined is most beneficial to maintain facility operations and to protect the welfare of each rehabilitation animal that they hold in trust for the purposes of release to the wild.
   4. (4) Display or Possession of Permit and Emergency Action Plan. A permittee, their designee, or sub-permittee shall display the permit, or a copy of the permit issued by the department, and any other required permits in a location at the facility that is visible to staff, volunteers, and the public. An authorized person and qualified handler shall retain a copy of the permit in their possession in a location where it can be readily provided to the department or a designee of the department. A permittee, their designee, or sub-permittee shall retain a copy of the facility emergency action plan required pursuant to subsection 679.3(a)(6)(D) and notify all personnel of its location and content.

   5. (5) Authorized Persons. A permittee, their designee, or sub-permittee shall communicate with an authorized person listed pursuant to subsection 679.3(a)(6)(C) either in writing by email, or by telephone, at least once every 7 calendar days regarding the status, condition, and welfare of each rehabilitation animal under the care of the authorized person.

      1. (A) A permittee, their designee, or sub-permittee shall provide an authorized person with the medical records and a plan for the care of each rehabilitation animal that includes instructions for the feeding and care of that animal. An authorized person shall adhere to a plan for the care of each rehabilitation animal provided by the permittee, their designee, or sub-permittee.
      2. (B) An authorized person shall not possess an animal for more than 180 days except pursuant to subsection 679.5(b)(7).
      3. (C) An authorized person shall transfer a rehabilitation animal to the permittee, their designee, or sub-permittee, or the department, within a time period designated by the permittee, their designee, or sub-permittee, or the department, if the permittee, their designee, or subpermittee, or the department requires the rehabilitation animal to undergo a physical examination, humane euthanasia, or for any reason required to protect the welfare of the animal, native wildlife, human health, and human safety.

   6. (6) Required Records. A permittee, their designee, sub-permittee, authorized person, and qualified handler shall maintain all required records, whether written or electronic, for at least 5 years unless otherwise specified by the department or otherwise stated by these regulations. All records shall be written in English, and a permittee, their designee, sub-permittee, authorized person, and qualified handler may keep duplicate records written in other languages.

      1. (A) Annual Report. A permittee or their designee shall submit an annual report to the department via email at [email protected], no later than January 31, for the prior calendar year even if no rehabilitation animals were temporarily possessed, in a form provided by the department, that shall include the following information:

         1. 1. Permittee information: Full name, ALDS GO ID, telephone number, email address, physical address, mailing address if different, facility name, and facility physical address;
         2. 2. Summary of patient outcome: List of patient outcomes, by taxonomic group, categorized as Released (R), Transferred to other facility (T), Euthanized (E), Died in Care (D), Dead on Arrival (DOA), Reunited with Parent (RU), Remains in Care (RIC);
         3. 3. Wild animal intakes. List of intakes by species or common name, patient outcome, and total number of animals received by species;
         4. 4. Rehabilitation raptor transfers to licensed falconers. List of any rehabilitation raptor temporarily transferred to a licensed falconer pursuant to subsection 679.5(b)(4).
         5. 5. Continuing education. Brief description of training and continuing education hours completed by all persons required under the permit;
         6. 6. Non-releasable wildlife. List of non-releasable animals possessed pursuant to Section 671.1, or these regulations, or other authorization by the department.
         7. 7. Acknowledgement and signature. Certify that the declaration is true and correct, and that the wildlife described is legally possessed by the undersigned.
      2. (B) Availability of Records. Except as provided in subsection 679.7(a), a permittee, their sub-permittee, designee, authorized person, and qualified handler shall make all required records available to the department within 3 calendar days of such a request from the department.

   7. (7) Administrative Updates. A permittee, their designee, or sub-permittee shall notify the department in writing via email at [email protected] of the need for administrative update to a permit or sub-permit for any of the changes listed in subsections 679.4(a)(7)(A) and (B). Changes specified in (a)(7) of this section are administrative updates that do not constitute an amendment to a permit or sub-permit and the department shall not charge a fee for such administrative updates as listed pursuant to subsection 703(c)(2)(B).

      1. (A) Changes to Contact Information. Changes to written notification to the department no later than 10 calendar days after any change of the name, mailing address, telephone number, or email address of a wildlife rehabilitation facility or satellite facility.
      2. (B) Changes to Veterinarian of Record. A permittee or their designee, and their sub-permittee, shall ensure that a valid and accurate Veterinarian of Record is listed on a permit and sub-permit at all times. A permittee, their designee, or their sub-permittee shall notify the department, on a form provided by the department, within 30 calendar days of the change via email at [email protected].
   8. (8) Compliance With Other Restrictions. These regulations, or any permit issued pursuant thereto, do not authorize the take or possession of any wild animal in violation of the Fish and Game Code, regulations adopted pursuant thereto, or any other law.

   9. (9) Notification of Fully Protected Species Intake. A permittee, their designee, or sub-permittee, authorized person, or qualified handler shall notify the department in writing via email at [email protected] or by telephone at (916) 358-2790 within 24-hours of receiving any live or dead gray wolf (Canis lupus) or California condor (Gymnogyps californianus). A permittee, their designee, sub-permittee, authorized person, or qualified handler shall notify the department in writing via email at [email protected] or by telephone at (916) 358-2790 within 5 calendar days of receiving the following live or dead species listed in subsections 679.4(a)(9)(A) through (C).

      1. (A) Amphibians and Reptiles. California tiger salamander (Ambystoma californiense), bluntnosed leopard lizard (Gambelia silia), San Francisco garter snake (Thamnophis sirtalis tetrataenia), giant garter snake (T. gigas), California red-legged frog (Rana draytonii); desert tortoise (Gopherus agassizii), Banded gila monster (Heloderma suspectum cinctum); and
      2. (B) Birds. Greater sandhill crane (Grus candadensis tabida), Northern spotted owl (Strix occidentalis caurina); and
      3. (C) Mammals. Wolverine (Gulo gulo), ringtail (Bassariscus astutus), Sierra Nevada red fox (Vulpes vulpes necator), Sacramento Valley red fox (V. vulpes patwin), San Joaquin kit fox (V. macrotis mutica), island fox (Urocyon littoralis), riparian brush rabbit (Sylvilagus bachmani riparius), giant kangaroo rat (Dipodomys ingens), San Joaquin kangaroo rat (D. nitratoides spp.), Pacific marten (Martes caurina), fisher (Pekania pennantia).
   10. (10) Notification of Specialty Rehabilitation Animal Intake. A permittee, their designee, or sub-permittee, authorized person, or qualified handler shall notify the department in writing via email at [email protected] or by telephone at (916) 358-2790 within 24-hours of receiving for intake any of the following live or dead animals: Black bear (Ursus americanus), mountain lion (Puma concolor), deer (Odocoileus hemionus), pronghorn (Antilocapra americana), elk (Cervus canadensis), wild sheep (Ovis canadensis), golden eagle (Aquila chrysaetos), bald eagle (Haliaeetus leucocephalus). At the direction of the department, a permittee, their subpermittee, designee, authorized person, or qualified handler shall perform one of the following actions: temporarily confine the animal until the department or a permittee, their sub-permittee, or designee with specialty rehabilitation authorization for that animal, can take possession of the animal; transport the animal to the department or a location the department deems necessary to protect native wildlife, animal welfare, human health or safety, and agriculture interests; immediately release the animal at the location where it was found; or humanely euthanize the animal.

2. (b) Enclosure Requirements. A permittee, their designee, or sub-permittee, authorized person, and qualified handler shall maintain enclosures in compliance with the requirements listed in the DFW 679 Manual; and such persons shall comply with the following:

   1. (1) All enclosures shall be fully enclosed with walls and a roof or ceiling, unless otherwise specified by the department, to protect native wildlife, animal welfare, human health and safety, and agricultural interests. Enclosures shall be secured at all times to prevent ingress or egress by any wild or domestic animal and be free of any object or substance that could foreseeably cause injury or harm to any rehabilitation animal.
   2. (2) Conspecific or non-conspecific rehabilitation animals that naturally co-occur may be held in the same enclosure provided that the welfare of each animal is maintained, and all requirements are met pursuant to these regulations.
   3. (3) No person shall allow any rehabilitation animal to propagate.
   4. (4) All enclosures shall have sufficient drainage to prevent standing water from accumulating, except for pools or drinking water required pursuant to the DFW 679 Manual.
   5. (5) All enclosures shall maintain the range of ambient air temperature, and adequate ventilation, that is necessary to ensure the welfare of each rehabilitation animal.
   6. (6) Visual and physical separation shall be maintained between a rehabilitation animal and personal domestic animals, non-conspecific rehabilitation animals, and restricted species except where otherwise permitted in these regulations.
   7. (7) Written protocols to prevent and respond to escape of the following specialty rehabilitation animals shall be clearly posted on the enclosure: large carnivores, ungulates, and venomous snakes.
   8. (8) All enclosures shall be labeled in writing with an enclosure identifier, such as name or number, and such persons shall maintain a list that identifies the location and type of enclosure (neonate, limited mobility, pre-release conditioning), as a required record.

3. (c) Variances to Enclosure Requirements. A permittee, their designee, or sub-permittee shall submit to the department in writing via email at [email protected] a request for variance of any enclosure construction required in these regulations or the DFW 679 Manual.

   1. (1) A permittee, their designee, or sub-permittee shall provide, in a form provided by the department, the following information:

      1. (A) Applicant information. Full name, ALDS GO ID, telephone number, email address, physical address, and mailing address if different;
      2. (B) Location of requested variance. Provide location of variance as the wildlife rehabilitation facility, satellite facility, or other location (authorized person).
      3. (C) Category of variance. Provide category of variance as minimum size, maximum number of animals, construction design or materials, or location change.
      4. (D) Type of variance. Provide type of variance as new construction, existing construction, or modification of existing construction, and a brief description of the request.
      5. (E) Reasons for request. List reason for the variance request as the requirement will result in undue hardship due to physical limitations, excessive cost, and/or other restrictions.
      6. (F) Acknowledgement and signature. Certify that the declaration is true and correct, and that the wildlife described is legally possessed by the undersigned.
   2. (2) The department shall review a written request for a variance to enclosure requirements and provide notification of variance approval or denial, and any terms and conditions imposed by the department, in writing to the requestor within 15 calendar days of receiving all required information from a permittee, their designee, or sub-permittee. The department may provide written approval to the requestor to continue using an enclosure that is the subject of the variance request during the variance request review if the department finds that the conditions necessary to protect animal welfare, human health, and human safety shall be met during the review process.
   3. (3) The department shall approve an enclosure variance request if it finds that the overall security and welfare of a rehabilitation animal shall be maintained and that the requirement will result in an undue hardship to the permittee, their designee, or sub-permittee, qualified handler, or authorized person. The department may add terms or conditions to the variance if the department determines that such terms or conditions are necessary to protect native wildlife, animal welfare, human health and safety, or agricultural interests. Enclosures subject to an approved variance may deviate from otherwise applicable regulations only so far as is specified in the variance; all other regulations outside the bounds of the variance must be observed. A permittee, their designee, or sub-permittee shall maintain written or electronic documentation of an approved variance as a required record.
   4. (4) The department shall deny an enclosure variance request if it finds that the overall security and welfare of a rehabilitation animal will not be maintained, or that the requirement will not result in an undue hardship to the permittee, their designee, or sub-permittee, qualified handler, or authorized person. At the direction of the department, a permittee, their designee, or sub-permittee shall either modify the enclosure that is the subject of the variance request, or remove and replace it with an enclosure that meets the requirements of these regulations and the DFW 679 Manual, and passes an inspection pursuant to Section 679.7, or transfer all rehabilitation animals to another facility. A requestor whose variance request is denied may submit a written request for reconsideration to the department pursuant to subsection 679.9(e).
4. (d) Violations. A violation of any provision of Chapter 2 of the DFW 679 Manual shall be considered a violation of this section.

Note: Authority cited: Sections 200, 1050, 2081, 2120, 2121, 2122, 2127, 2150, 2150.4, 2192, 3005.5, 3800, 4150 and 5050, Fish and Game Code. Reference: Sections 1008, 1801, 2000, 2118, 2120, 2123, 2150.4, 2186, 3511, 3960.4, 4800, 4801.5 and 12159, Fish and Game Code; Section 597, Penal Code; and Title 50, Code of Federal Regulations, Parts 14, 16, 17, 21.29, 21.30, 21.31, 22 and 23.

History

1. New section filed 8-13-2025; operative 8-13-2025 pursuant to Fish and Game Code section 265 (Register 2025, No. 33).