1. (a) Cervid. Any live mammal, embryo, or gamete in the taxonomic family Cervidae. Cervids include but are not limited to sika deer, fallow deer, axis deer, white-tailed deer, mule deer, moose, caribou, reindeer, and elk.

2. (b) Prohibitions.

   1. (1) It shall be unlawful to import into this state any species of cervid except as authorized and permitted by the department pursuant to this section.
   2. (2) It shall be unlawful to import into this state any live species of cervid from any state where chronic wasting disease has been detected, according to credible science as defined in Fish and Game Code Section 33, unless otherwise authorized by the department under this section.

3. (c) Permit Applications and Requirements.

   1. (1) Permit Application. Application for a cervid importation permit shall be made pursuant to the Cervidae Importation Application, DFW 1681 (NEW 04/23), which is incorporated by reference herein. Applications can be obtained by contacting the department's Wildlife Health Lab at [email protected] or (916) 358-2790. Issuance of a permit pursuant to this section does not obviate the need to obtain other applicable permits and approvals, including but not limited to restricted species permit(s) and/or a fallow deer farming permit.

   2. (2) Requirements. Cervidae importation permit applicants shall comply with the following when submitting a cervid importation permit. Cervid gametes from a United States Department of Agriculture (USDA) bTB and Brucellosis-Free herd are not subject to the subsequent requirements in subsection (c)(2) and (c)(5).

      1. (A) Health Certificate/Certificate of Veterinary Inspection. Cervidae Importation Applications shall be submitted with a Certificate of Veterinary Inspection issued by a USDA-accredited category II veterinarian licensed in the state the cervid is to be imported from. The Certificate of Veterinary Inspection shall accompany the imported cervid and shall include the disease test(s), the result(s) of that testing, and individually identifying tags or markings on the tested cervid.
      2. (B) Bovine tuberculosis (bTB) testing. The herd of origin must have undergone official testing for bovine tuberculosis within 24 months of importation of cervid(s), using a single cervical tuberculin (SCT) test or other USDA-approved bTB screening test for cervids. All cervids six months of age or older shall be tested for tuberculosis within 90 days prior to entry into California and shall have been classified negative for tuberculosis based upon an official test. However, cervids originating from a USDA bTB Accredited herd do not require testing for importation. (Note: It is recommended that cervids be tested 90-120 days after importation).
      3. (C) Brucellosis testing. The USDA-accredited veterinarian issuing the Certificate of Veterinary Inspection shall attest that the cervid(s) being imported into California are not known to be infected with brucellosis and have not been in contact with animals of unknown brucellosis status. Sexually intact cervids six months of age or older shall be tested for brucellosis within 30 days prior to entry into California utilizing an official brucellosis laboratory test for Cervidae as determined by USDA. However, cervids originating from Certified Brucellosis-Free cervid herds do not require testing for importation.

   3. (3) Disease Prevention and Control.

      1. (A) Exposure to chronic wasting disease. The department is authorized to deny a cervid importation permit application for any cervid that the department determines, based on the most recent disease reports and credible science as defined in Fish and Game Code Section 33, may have been exposed to chronic wasting disease. The department shall notify the permittee in writing of such a determination, which shall include the rationale for its determination.
      2. (B) Other Disease Testing. The department shall require as a condition on any cervid importation permit that additional testing be conducted if a state-licensed and USDA-accredited veterinarian determines that other diseases, parasites, or other health risks are present based on emerging disease threats. Disease testing requirements may be adjusted on a case-by-case basis based on animal welfare considerations and relative risk as established by credible science as defined in Fish and Game Code Section 33. The department shall notify the permittee in writing if such testing is required.
   4. (4) Permit Term. Cervid importation permits issued under the provisions of this section shall be valid for a term of 30 days.
   5. (5) Identifying Markings. Every cervid that is imported under a cervid importation permit shall be marked, so as to be individually identifiable, by an approved unique identifying method and reported to the department. Approved methods include electronic implants, tattoos, tamper resistant ear tags or a USDA-approved device that adheres to official identification numbering. The department may approve an alternative method if the permittee provides written justification from a state-licensed and USDA-accredited category II veterinarian, explaining the alternative method of unique identification and why other methods would be detrimental to the health or welfare of the animal(s).

   6. (6) In making the determinations in subsections (c)(7) through (9) the department shall consider four factors:

      1. (A) The applicant/permittee's history of violations;
      2. (B) The willfulness of the violation;
      3. (C) The nature, scope, and gravity of the violation; and
      4. (D) The extent to which the permittee cooperated with the department to ensure compliance with the Fish and Game Code and regulations adopted pursuant thereto.
   7. (7) Denial of Application. The department may deny a cervid importation permit for failure to comply with the Fish and Game Code or any regulations adopted pursuant thereto to promote compliance with the law and applicable regulations and ensure that applicants can be trusted to comply with the requirements for cervid importation.
   8. (8) Revocation. The department may revoke a cervid importation permit issued pursuant to this section at any time for failure to comply with the terms and conditions of a cervid importation permit, the Fish and Game Code, or this section.

   9. (9) Reconsideration.

      1. (A) An applicant who receives a notice of denial from the department of a permit application under subsection (c)(7) or a revocation of a permit under subsection (c)(8) may submit a written request sent to Wildlife Health Lab at [email protected] for reconsideration to the department no later than 30 calendar days following the date of the notification, and shall state the reasons for the requested reconsideration.
      2. (B) The department shall evaluate any information submitted with the request and determine if a reversal of the department's decision is warranted based on all available information and the factors set forth in subsection (c)(6).

   10. (10) Written notice of the department's determination of reconsideration shall;

       1. (A) Explain in writing the basis for the department's determination and the effective date of the denial, or the effective date of the revocation, or the determination of a request for reconsideration according to (c)(9); and
       2. (B) Be sent by email and certified mail using the email and mailing addresses included in the form DFW 1681 submitted by the applicant.
4. (d) Fees. There is no Cervidae Importation Application fee or importation permit fee associated with cervid importation under this section.
5. (e) Retention of Health Records. The permittee shall maintain all health records of individual cervids for a minimum of three years. Any person holding a cervid importation permit issued pursuant to this section shall exhibit any records required to be maintained by these regulations upon the request of any department employee.
6. (f) Inspection. Live cervids imported into California shall be inspected by the department or its designee after notice is provided, either at the place of entry into the state or at other locations within the state, if the department determines that inspection is necessary to ensure compliance or mitigate disease risk.
7. (g) Any live cervid imported in violation of this section shall be seized or denied entry into this state by the department. An animal that is seized may be taken to another location by the department or seized in place.

Note: Authority cited: Sections 1002, 1050, 2120, 2122, 2150, 2150.2, 2355 and 3005.5, Fish and Game Code. Reference: Sections 13.5, 33, 80, 200, 1001, 1008, 2118, 2118.2, 2118.4, 2120, 2121, 2122, 2193, 2350, 2353, 2355, 3219, 4011 and 4150, Fish and Game Code.

History

1. New section filed 7-1-2024; operative 7-1-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 27).