Section 671.5 - Disposition of Violations Related to Possession of Wild Animals(a) Any live bird or mammal that is (1) designated as a furbearer, game, nongame, fully protected, threatened, or endangered animal or is of a species native to California, and (2) possessed in violation of Fish and Game Code section 3005.5 or regulations adopted pursuant thereto, shall be seized by the department. An animal that is seized may be taken to another location by the department or seized in place.(b) Any person who, in violation of the provisions of the Fish and Game Code or regulations adopted pursuant thereto, brings into this state or transports or possesses within this state any live wild animal other than those specified in subdivision (a) may, upon written notice from an enforcing officer, be authorized to exercise one of the following options within the time and by the method specified by the enforcing officer, to have the animal (1) transferred to an appropriately permitted facility, (2) transferred out of the state, or (3) humanely destroyed. The exercise of any such option shall be under the direction and control of the enforcing officer and at the expense of the owner or possessor. If the owner or possessor fails to exercise such option within the time specified by the enforcing officer, the department shall thereafter seize the animal. An animal that is seized may be taken to another location by the enforcing officer or seized in place.(c) Once an animal is seized pursuant to subsection (a) or (b), the enforcing officer may: (1) transfer the animal to an appropriate facility,(2) transfer the animal out of the state,(3) humanely destroy the animal, or(4) for animals specified in subsection (a) only, release the animal to the wild. Costs associated with the seizure, care, holding, transfer and destruction of the animal will, at the discretion of the department, be at the expense of the owner or possessor. Failure to pay these costs may result in an action for cost recovery and civil penalties pursuant to Fish and Game Code section 2125.Cal. Code Regs. Tit. 14, § 671.5
1. Amendment filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 4).
2. Amendment filed 5-11-79; effective thirtieth day thereafter (Register 79, No. 19).
3. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
5. Renumbering and amendment of former section 671.3 to section 671.5 and renumbering and amendment of former section 671.5 to section 671.6 filed 2-26-92; operative date 2-26-92 (Register 92, No. 13).
6. Amendment of section and NOTE filed 2-23-2007; operative 3-25-2007 (Register 2007, No. 8). Note: Authority cited: Section 2122, Fish and Game Code. Reference: Sections 1002, 2116- 2118, 2118.2, 2118.3, 2118.4, 2119- 2155, 2185- 2190, 3005.5, 3005.9 and 3005.92, Fish and Game Code.
1. Amendment filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 4).
2. Amendment filed 5-11-79; effective thirtieth day thereafter (Register 79, No. 19).
3. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
5. Renumbering and amendment of former section 671.3 to section 671.5 and renumbering and amendment of former section 671.5 to section 671.6 filed 2-26-92; operative date 2-26-92 (Register 92, No. 13).
6. Amendment of section and Note filed 2-23-2007; operative 3-25-2007 (Register 2007, No. 8).