§ 42. Commercial Use and Possession of Native Rattlesnakes for Biomedical and Therapeutic Purpo...
14 CA ADC § 42Barclays Official California Code of Regulations
14 CCR § 42
§ 42. Commercial Use and Possession of Native Rattlesnakes for Biomedical and Therapeutic Purposes.
A permit issued pursuant to this section does not supersede any federal, state, or local law regulating or prohibiting native rattlesnakes or the activities authorized in a Commercial Native Rattlesnake Permit.
A Commercial Native Rattlesnake Permit may be issued pursuant to this section for the following native rattlesnake species, including their subspecies and taxonomic successors:
Application forms are available on the department's website at www.wildlife.ca.gov.
(3) Permitted facilities. A natural person shall obtain a separate Commercial Native Rattlesnake Permit for each facility housing native rattlesnake species or creating products from venom extracted from native rattlesnake species described in subsection (c) for purposes described in subsection (a).
1. A resume that provides the dates and description of an applicant's or their employee's experience researching and creating products from venom extracted from rattlesnake species or similar experience and working with venomous snakes and husbandry of captive snakes, demonstrating the following qualifications:
2. A letter of reference from an expert in venomous snake captive husbandry and research, dated within five (5) years of the date of application, on letterhead stationery with an original signature signed in ink by the owner or operator of a facility where the applicant or their employee gained his/her experience. The letter shall provide the printed name of the owner or operator and detailed information regarding the quality and extent of the applicant's or their employee's knowledge and experience related to the permit requested.
2. A letter of reference from an expert in venomous snake research, dated within five (5) years of the date of application, on letterhead stationery with an original signature signed in ink by the owner or operator of a facility where the applicant or their employee gained his/her experience. The letter shall provide the printed name of the owner or operator and detailed information regarding the quality and extent of the applicant or their employee's knowledge and experience related to the permit requested.
(C) The department may deny the issuance of, or immediately suspend, the permit of a permittee who refuses to allow inspection of a facility, permit, book, or other record required to be kept by the permittee. A refusal to allow inspection may be inferred if, after reasonable attempts by the department, the permittee does not make the facility, permit, book, or other record available for inspection. The department may reinstate a permit suspended pursuant to this subsection if the permittee allows the department to inspect the facility, permit, book, or other record and no violations of these regulations or any permit condition are observed during that inspection.
(5) Denial. The department shall deny a Commercial Native Rattlesnake Permit initial application or renewal application for any applicant who fails to comply with any provision in this regulation, and may deny an initial application or renewal application for any applicant who violates the Fish and Game Code, Title 14 regulations, any term or condition of a Commercial Native Rattlesnake Permit, or any other state or federal statute or regulation pertaining to wildlife or animal cruelty. Within 30 calendar days of a denial, an applicant may submit a written request for a hearing before the commission to show cause why his/her permit should be issued.
(A) For a permittee who has been convicted in a court of competent jurisdiction of violating the Fish and Game Code, Title 14 regulations, or any other state or federal statute or regulation pertaining to wildlife or animal cruelty, the suspension or revocation shall take effect when the permittee receives a notice of suspension or revocation. The permittee may submit a written request to the commission for a hearing to show cause why his/her permit should be reinstated.
(B) For a permittee who has violated the Fish and Game Code, Title 14 regulations, any term or condition of a Commercial Native Rattlesnake Permit, or any other state or federal statute or regulation pertaining to wildlife or animal cruelty, but has not been convicted of any such violation, the suspension or revocation shall not take effect unless 15 calendar days have passed from the date the permittee receives an accusation sent pursuant to Government Code Section 11503, and the permittee has not submitted to the commission a notice of defense described in Government Code Section 11506. If a permittee submits a timely notice of defense, the suspension or revocation shall take effect if, after a commission hearing, the commission finds by a preponderance of evidence that the department's suspension or revocation is warranted.
(1) Enclosures. The perimeter of the enclosure for snakes 33 inches in length or less shall be 1.5 times the length of the snake. The perimeter of the enclosure for snakes more than 33 inches in length shall be 1.25 times the length of the snake. The perimeter shall be measured on the inside of the top edge of the enclosure. Snakes may be kept in smaller cages or containers for 31 calendar days from the date of birth and while being transported. All enclosures shall be adequately ventilated. The substrate shall facilitate the ability to maintain a clean and healthy environment for each animal.
(1) Every Commercial Native Rattlesnake permittee that houses live native rattlesnakes shall have a written Emergency Action Plan readily available, posted in a conspicuous place, and shall submit a copy to the department with the initial permit and renewal application. The Emergency Action Plan shall be titled, state a revision date and emergency telephone numbers including the local department regional office, 911, and local animal control agencies, updated annually, and include, at a minimum, the following items:
(3) Any incident involving a rattlesnake held under a Commercial Native Rattlesnake Permit that results in serious injury or death to a natural person shall be reported immediately to the nearest department regional office. If the department determines that serious injury or death has occurred as a result of contact with a rattlesnake, the permit may be reviewed and subject to change by the department. Additional conditions to the permit may be added at any time to provide for public health and safety.
(i) Annual Reporting Requirement. No permit shall be renewed unless the permittee submits the record specified in Section 703, on or before November 1 of each year. The permittee must submit the record even if there is zero activity to report, or the permittee is not going to renew the permit. If the permittee is not going to renew the permit, the record specified in Section 703 must be submitted on or before December 31 or within 30 days of the business closing.
(j) Shipments. All deliveries or shipments of live native rattlesnakes taken under authority of this section shall have a legible copy of the valid permit attached to the outside of the shipping container, which shall be conspicuously labeled: “Live Rattlesnakes -- Handle With Care”. This subsection does not supersede any federal, state, or local law or regulation or shipper's requirements concerning shipment of live rattlesnakes.
Credits
Note: Authority cited: Section 5061, Fish and Game Code. Reference: Sections 5060 and 5061, Fish and Game Code; Section 597, Penal Code; and Sections 11503 and 11506, Government Code.
History
1. New section filed 11-28-2018; operative 1-1-2019 (Register 2018, No. 48). For prior history, see Register 2002, No. 2.
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 14, § 42, 14 CA ADC § 42
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