1. (a) Inspections by the Department.

   1. (1) Inspections During Application Processes. The department shall conduct an inspection of any wildlife rehabilitation facility, satellite facility, enclosure, equipment, and required record belonging to or in the possession of, and any rehabilitation animal and part of a rehabilitation animal confined or possessed by any applicant pursuant to subsection 679.3(a); a permittee, their designee, or sub-permittee who requests a permit amendment pursuant to subsection 679.3(a)(9); an applicant, permittee, their designee, or sub-permittee who request a variance pursuant to subsection 679.4(c).

      1. (A) The department shall document in writing, in a form provided by the department, the following information during an inspection:

         1. 1. Reason for Inspection. New permit, permit renewal, sub-permit, re-inspection, specialty rehabilitation authorization, and/or variance.
         2. 2. Personal Information. Full name, permittee name if different, ALDS GO ID, federal permit if applicable, physical address, mailing address if different, telephone number, and email address.
         3. 3. Facility Information. Facility name and physical address; property use type (owner, tenant, other); number of staff, volunteers, sub-permittees, authorized persons, and qualified handlers; taxonomic group of rehabilitation animals, specialty rehabilitation animals if applicable.
         4. 4. Inspection Requirements. Facility, humane care, and treatment requirements pursuant to sections 679.3, 679.4, and 679.5, and Chapter 2 and Chapter 3 of the DFW 679 Manual.
         5. 5. Enclosures Inspection. Enclosure requirements and pre-release enclosure minimum size requirements pursuant to Section 679.4 and Chapter 2 of the DFW 679 Manual.
         6. 6. Inspection Notes. Items that fail to meet requirements; items that exceed requirements; other items observed during inspection.
         7. 7. Inspection Determination. Pass, fail (recommend reinspection), fail (recommend permit denial), fail (recommend permit revocation).
         8. 8. Acknowledgement and signature. Certify under penalty of perjury that the declaration is true and correct, and that the wildlife described is legally possessed by the undersigned.
      2. (B) The department shall conduct an inspection during a reasonable time of the day and any day of the week when a permittee, their designee, or sub-permittee, or an applicant, are present and such a person shall allow the department access to inspect any area of a facility, enclosure, equipment, required records, and rehabilitation animal and parts thereof during the inspection.

      3. (C) Except as provided in subsections 679.3(d) and 679.9(a) and (b), the department shall provide a permittee, their designee, or sub-permittee that has failed an inspection in writing via email, or the U.S. Postal Service, or overnight carrier, a list of the changes required to attain compliance within 45 calendar days of the notification date and the process to determine the date and time of a re-inspection of any required changes.

         1. 1. Request for Extension. A permittee, their designee, or sub-permittee may request to the department, in writing via email at [email protected], up to an additional 30 calendar days to implement the required changes no later than 5 calendar days before the 45 calendar day deadline described in subsection (a)(1)(C). The department shall approve such a request in writing via email, within 5 calendar days of receiving the request from a permittee, their designee, or sub-permittee, if the department determines that the requester can reasonably implement the required changes within the requested extension of time, and that such an approval will not harm native wildlife, animal welfare, human health or safety, or agricultural interests.
         2. 2. Animal Possession. The department may allow a permittee, their designee, or sub-permittee that has failed an inspection to continue temporarily possessing rehabilitation animals of a species or taxonomic group approved by the department, if the department determines that such an approval shall not harm native wildlife, animal welfare, human health or safety, or agricultural interests.

      4. (D) The department shall revoke a permit or sub-permit or specialty rehabilitation authorization if the permittee, their designee, or sub-permittee, authorized person, or qualified handler refuses to allow an inspection by the department.

         1. 1. A refusal to allow an inspection shall be inferred if: after three reasonable attempts by the department to schedule an inspection, such a person is unavailable for inspection; or, such a person refuses to allow the department to fully inspect any area of a facility, enclosure, equipment, required record, or any rehabilitation animal or part of a rehabilitation animal.
         2. 2. The department shall reinstate a permit or sub-permit if the permittee, their designee, or sub-permittee, authorized person, or qualified handler allows the department to conduct an inspection and no violations of these regulations are observed during that inspection.
   2. (2) Other Inspections. The department may conduct a scheduled inspection of any wildlife rehabilitation facility, satellite facility, enclosure, equipment, required record, or any rehabilitation animal or part of a rehabilitation animal confined by or in the possession of, a permittee or their sub-permittee, designee, authorized person, or qualified handler for any other purpose during a reasonable time of the day and any day of the week when such person is present. A permittee or their designee, or sub-permittee, authorized person, or qualified handler shall allow the department access to inspect any area of a facility, enclosure, equipment, required record, and rehabilitation animal during the inspection.

2. (b) Inspections by a Permittee or Their Designee.

   1. (1) Except as provided in subsection 679.7(b)(2), a permittee or their designee shall conduct an inspection of any satellite facility, enclosure, equipment, and required record belonging to or in the possession of, and any rehabilitation animal temporarily confined or possessed by, a sub-permittee or authorized person, at least once during the valid permit period and no sooner than 6 months after the last inspection. A permittee or their designee shall conduct an inspection during a reasonable time of the day, any day of the week, when a sub-permittee or authorized person is present. The department shall determine if a sub-permittee or authorized person passes or fails an inspection; the department shall use the information documented by a permitee or their designee during an inspection pursuant to subsection (b)(1)(A) and other substantially-related evidence that the department possesses or obtains, and make a determination based on the need to protect native wildlife, animal welfare, human health or safety, and agriculture interests.

      1. (A) A permittee or their designee shall document in writing in a form provided by the department, the following information during an inspection and submit the form to the department in writing via email at [email protected] within 30 calendar days of conducting an inspection:

         1. 1. Reason for Inspection. Sub-permit, re-inspection, specialty rehabilitation authorization (except for large carnivores), authorized person, and/or variance.
         2. 2. Permittee information. Full name, ALDS GO ID, federal permit if applicable.
         3. 3. Sub-permittee Information. Full name, federal permit if applicable, physical address, mailing address if different, telephone number, and email address.
         4. 4. Facility Information. Satellite facility name and physical address; property use type (owner, tenant, other); number of staff, volunteers, authorized persons, and qualified handlers; taxonomic group of rehabilitation animals, specialty rehabilitation animals if applicable.
         5. 5. Inspection Requirements. Facility, humane care, and treatment requirements pursuant to sections 679.3, 679.4, and 679.5, and Chapter 2 and Chapter 3 of the DFW 679 Manual.
         6. 6. Enclosures Inspection. Enclosure requirements and pre-release enclosure minimum size requirements pursuant to Section 679.4 and Chapter 2 of the DFW 679 Manual.
         7. 7. Inspection Notes. Items that fail to meet requirements; items that exceed requirements; other items observed during inspection.
         8. 8. Inspection Recommendation. Pass (meets requirements), fail (recommend reinspection), fail (recommend denial), fail (recommend revocation).
         9. 9. Acknowledgement and signature. Certify that the declaration is true and correct, under penalty of perjury and that the wildlife described is legally possessed by the undersigned.
   2. (2) A permittee or their designee shall re-inspect any satellite facility, enclosure, equipment, required record, and any rehabilitation animal temporarily possessed by a sub-permittee and/or an authorized person if the permittee or their designee, or the department, determines that a re-inspection is necessary to protect animal welfare, native wildlife, human health or safety.
   3. (3) A permittee or their designee shall revoke the sub-permit of a sub-permittee, or the authorization of an authorized person, who refuses to allow an inspection by the permittee or their designee. A refusal to allow an inspection may be inferred if, after three reasonable attempts by the permittee or their designee to schedule an inspection, the sub-permittee or authorized person is unavailable for an inspection.
3. (c) Nothing in this section shall be construed to limit or constrain the department's authority to conduct inspections, searches, seizures, or other enforcement actions, at any time and for any reason, with respect to rehabilitation animals, wildlife rehabilitators, or rehabilitation facilities.

Note: Authority cited: Sections 200, 1050, 2081, 2121, 2122, 2150.4, 2189, 2192, 3005.5, 3800 and 4150, Fish and Game Code. Reference: Sections 1008, 1801, 2000, 2122, 2123, 2150.4, 2190, 3005 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).