1. (a) Seizure of Live Animals Possessed Pursuant to a Valid Permit or Sub-Permit. The department shall seize any rehabilitation animal temporarily possessed by a permittee, their sub-permittee, designee, authorized person, or qualified handler if such a person has violated any provision of the Fish and Game Code, these regulations, or Penal Code section 597; violated the terms or conditions of a permit or sub-permit; or is no longer able to temporarily possess rehabilitation animals for any reason, unless the department finds:

   1. (1) an action other than a seizure, such as a written warning issued to such persons is expected to cause such a person to cure an existing violation or not violate in the future; or
   2. (2) the violation did not adversely impact, and is not likely to adversely impact, animal welfare; native wildlife; human health and safety; or agricultural interests of this state.

2. (b) Seizure of Live Animals Possessed by a Person with an Invalid Permit or Sub-Permit. The department shall seize any rehabilitation animal possessed by a person whose permit or sub-permit has been denied pursuant to Section 679.3 or revoked pursuant to Section 679.9, or whose permit or sub-permit has expired, except for a person whose permit expired and either:

   1. (1) 45 or fewer calendar days have passed since the permit expired; or
   2. (2) more than 45 calendar days have passed since the permit expired, but the Department has issued an approval pursuant to subsection 679.3(a)(8)(B) or (C) to continue possessing rehabilitation animals.

3. (c) Animals Seized Pursuant to Paragraphs (a) or (b) or Subsection 679.5(a)(7)(B). The department shall, at its sole discretion and taking into account animal welfare, native wildlife, agricultural interests of the state, and human health or safety, determine that an animal that is seized pursuant to paragraph (a) or (b) or Section 679.5(a)(8) shall be:

   1. (1) seized in place;
   2. (2) transferred to a person authorized to possess such rehabilitation animal or a facility operated by the department;
   3. (3) humanely euthanized; or
   4. (4) released to the wild.
4. (d) Costs Incurred Pursuant to Paragraphs (a) Through (c). Costs incurred by either the department or another party for actions taken pursuant to paragraphs (a) through (c), including costs incurred for the care and possession of animals taken pursuant to paragraphs (a) through (c), shall be paid by the person from whom the live animal was seized. The department or other party may initiate a civil action for cost recovery.

Note: Authority cited: Sections 200, 1050, 2081, 2121, 2122, 2127, 2157, 2189, 3005.5, 3800 and 4150, Fish and Game Code. Reference: Sections 1008, 1801, 2000, 2118, 2120, 2122, 2123, 2125, 2126, 2186, 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).