1. (a) Evaluation for Release. A permittee, their designee, or sub-permittee shall evaluate a rehabilitation animal to determine if it can be released to the wild, in accordance with Section 671.6, using the following non-releasability criteria: the animal does not have a condition that will likely prevent the animal from surviving in the wild; the animal can display the natural life history behavior of its species needed to survive in the wild; the animal is not observed to be habituated or mal-imprinted; the animal is not known or suspected to have a disease of concern listed in Chapter 3 of the DFW 679 Manual.

2. (b) Requirements for Release. A permittee, their designee, or sub-permittee, authorized person, or qualified handler shall release a rehabilitation animal that meets all the requirements of subsection (a) above to suitable habitat in the wild nearest to its place of origin, if known.

   1. (1) Obtaining permission for release on state-owned or private propterty. A permittee, their designee, or sub-permittee, authorized person, or qualified handler shall obtain verbal or written permission from the owner of a state-owned or private property, or a duly authorized representative of the owner, to release a rehabilitation animal by such persons, or a person approved by such person, on the property prior to such a release.
   2. (2) Evaluating conditions for release. A permittee, their designee, or sub-permittee, authorized person, or qualified handler shall evaluate and consider the following conditions prior to release of any rehabilitation animal to the wild: acclimation to environmental conditions, suitability of habitat at location found, seasonal timing of release, and natural life history requirements to survive such as ecological, migratory, social, and territorial needs.

   3. (3) Release of specialty rehabilitation animals. A permittee, their designee, or sub-permittee, or the department, shall collar or tag a large carnivore or ungulate rehabilitation animal prior to its release to the wild at a location selected by the department. Such a person may obtain such a location by contacting the department in writing via email at [email protected].

      1. (A) The department shall provide to such persons a mark, collar, or tag as described above; the process to mark, collar, or tag the rehabilitation animal; the intended use and management of collected data; and a list of personnel trained to mark, collar, or tag any rehabilitation animal.
      2. (B) A permittee, their designee, or sub-permittee shall request to the department in writing via email at [email protected] for the department to review any public statement, photograph, or video of the intake or release of any large carnivore or ungulate rehabilitation animal at least 10 calendar days prior to the release of such public information. A permittee, their sub-permittee, or designee shall not disclose the description of the mark, collar, or tag of any large carnivore and ungulate rehabilitation animal; or the physical location, or a landmark that may be reasonably used to infer the physical location, of the site of origination or release of any large carnivore and ungulate rehabilitation animal.
   4. (4) Release of rehabilitation amphibians or reptiles. A permittee, their designee, or sub-permittee, authorized person, or qualified handler shall release to the wild a rehabilitation animal of any species of amphibian or reptile at the location where it was found, if known, or at a location provided by the department in writing if the location where found is not known or if the location found is not suitable habitat for release to reduce the risk of disease to healthy populations of that species. Such a person may obtain such a location by contacting the department in writing via email at [email protected].
   5. (5) Release of fully protected species. A permittee, their designee, or sub-permittee, authorized person, or qualified handler shall release to the wild a rehabilitation animal of any fully protected species at the location where it was found, if known, or at a location provided by the department in writing if the location where found is not known or does not provide suitable habitat, to protect animal welfare and native wildlife and to reduce the risk of disease to healthy populations of that species. Such a person may obtain such a location by contacting the department in writing via email at [email protected].

3. (c) Animals not Native to California. A permittee, their designee, or sub-permittee, authorized person, or qualified handler shall not temporarily possess for the purposes of rehabilitation, or release to the wild, any of the following species not native to California:

   1. (1) Any mammal or exotic game mammal species suspected to be not native to California including wild pig (Sus scrofa), nutria (Myocastor coypus), European ferret (Mustela putorius furo), hedgehog (Atelerix or Hemiechinus species), European fallow deer (Dama dama), or any red fox unless determined by the department or its designee to be a Sierra Nevada red fox (Vulpes vulpes necator) or Sacramento Valley red fox (Vulpes vulpes patwin) native to California;
   2. (2) Any bird species suspected to be not native to California including barred owl (Strix varia), pintailed whydah (Vidua macroura), scaly-breasted munia (Lonchura punctulata), whiteeyes (Zosterops species) or mute swan (Cygnus olor).
   3. (3) Any reptile species suspected to be not native to California including any slider (Trachemys species), softshell turtle (Apalone species), common snapping turtle (Chelydra species), alligator snapping turtle (Macrochelys species), watersnake (Nerodia species), anoles (Anolis species), geckos (Hemidactylus or Tarentola species), or any Python species.
   4. (4) Any amphibian species suspected to be not native to California including American bullfrog (Lithobates catesbeianus), African clawed frog (Xenopus laevis), common coqui (Eleutherodactylus coqui), Axolotl (Ambystoma mexicanum).

Note: Authority cited: Sections 200, 1050, 2081, 2120, 2121, 2122, 2150.4, 2157, 2189, 3005.5, 3800 and 4150, Fish and Game Code. Reference: Sections 1008, 1801, 2118, 2123 and 2186, 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).