(a) Except as otherwise provided in these
regulations, it shall be unlawful for persons without a valid Commercial Native
Rattlesnake Permit issued by the department to:
(1) possess, propagate, exchange, or
transport native rattlesnakes for commercialized venom extraction;
(2) sell, import, or export native
rattlesnake venom or products derived from native rattlesnake venom for
commercial purposes; or
(3)
purchase native rattlesnakes from a biological supply house, permitted through
Section
651, for the purpose of developing
and selling biomedical and therapeutic products.
(b) Consistency with Federal, State, and
Local Laws.
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.
(c) Authorized
Native Rattlesnake Species.
A Commercial Native Rattlesnake Permit may be issued
pursuant to this section for the following native rattlesnake species,
including their subspecies and taxonomic successors:
(1) Western diamond-backed rattlesnake
(Crotalus atrox),
(2) Mohave rattlesnake (Crotalus
scutulatus),
(3) Western
rattlesnake (Crotalus oreganus),
(4) Southwestern Speckled Rattlesnake
(Crotalus pyrrhus),
(5) Sidewinder (Crotalus
cerastes), and
(6)
Panamint rattlesnake (Crotalus stephensi).
(d) Permit Application and Fees.
(1) Application form 2018 COMMERCIAL NATIVE
RATTLESNAKE PERMIT APPLICATION (DFW 1044 (NEW 9/2018)) for a permit shall be
completed in its entirety and submitted with the permit and nonrefundable
inspection fees as specified in Section
703.
Application forms are available on the department's website
at www.wildlife.ca.gov.
(2) Duration of Permit. Permits issued under
this section shall be valid from January 1 through December 31 each year, or if
issued after the beginning of that term, for the remainder thereof.
Applications for renewal must be received by the department no later than
November 1.
(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).
(4) Qualifications. The following information
and documents shall accompany an application for each new permit or renewal
unless specified as exempt or as specifically required:
(A) For an application that proposes housing
live native rattlesnake species and will develop products derived from venom
extracted from native rattlesnake species:
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:
a. Possess a minimum of 1000 hours experience
with captive husbandry of snakes within five (5) years of the date of
application; and
b. Possess a
minimum of 200 hours of experience working with captive rattlesnakes or other
venomous snakes within five (5) years of the date of
application.
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.
3. A statement of purpose describing in
detail the planned uses for the native rattlesnakes and their venom, including
the approximate desired maximum quantities of each species being housed at the
facility.
4. A written Emergency
Action Plan as specified in subsection (g).
5. Proof that the applicant and staff working
with, and directly supervising staff working with, native rattlesnakes and
their venom are at least 18 years of age at the time of
application.
(B) For an
application that does not propose housing live native rattlesnakes and will
only develop products derived from venom extracted from native rattlesnake
species:
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.
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.
3. A statement of purpose describing in
detail the planned uses for the venom.
4. Proof that the applicant and staff working
with, and directly supervising staff working with, native rattlesnake venom are
at least 18 years of age at the time of
application.
(e) General Conditions.
(1) At least one natural person who meets the
minimum qualifications, as defined in subsection (d), shall be present whenever
rattlesnakes are being handled or venom is being processed.
(2) Native rattlesnakes possessed pursuant to
this section shall not be sold but may be transferred to or exchanged with a
natural person with a valid Commercial Native Rattlesnake Permit. The receiving
permittee may be charged only to recover actual transportation and shipping
costs.
(3) Native rattlesnakes that
have been in captivity, including wild-caught and captive-bred individuals or
offspring, shall not be released into the wild.
(4) Inspections.
(A) The facility must pass an initial
inspection to ensure the requirements of this section are met before the
department will issue a permit.
(B)
The department may enter the facilities of any permittee where native
rattlesnakes are housed, or reasonably may be housed, at any reasonable hour to
inspect the animals and their enclosures and to inspect, audit, or copy records
required by this section.
(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.
(6) Revocation. Any permit
issued pursuant to these regulations may be suspended or revoked at any time by
the department as described below.
(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.
(f)
Humane Care and Treatment. Permitted facilities that house live native
rattlesnakes shall comply with the following provisions:
(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.
(2)
Food. Food shall be wholesome, palatable and free from contamination and shall
be supplied in sufficient quantity and nutritive value to maintain the animal
in good health.
(3) Water. Potable
water shall be accessible to the animals at all times or provided as often as
necessary for the health and comfort of the animal. All water receptacles shall
be clean and sanitary.
(4) Cleaning
of enclosures. Excrement shall be removed from enclosures as often as necessary
to maintain animals in a healthy condition.
(5) Disinfection of enclosures. All
enclosures shall be disinfected after an animal with an infectious or
transmissible disease is removed from an enclosure.
(6) Pest control. Programs of disease
prevention and parasite control, euthanasia and adequate veterinary care shall
be established and maintained by the permittee.
(7) Observation. Animals shall be observed at
least twice a week by the permittee or once a week if the animals are in
hibernation. Sick, diseased, stressed, or injured animals shall be provided
with care consistent with standards and procedures used by veterinarians or
humanely destroyed.
(8) Handling.
Animals shall be handled carefully so as not to cause unnecessary discomfort,
behavioral stress, or physical harm to the animal.
(g) Emergency Action Plan.
(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:
(A) List of the re-capture
equipment available;
(B)
Description of humane lethal dispatch methods and a list of qualified personnel
who are trained to carry out the methods;
(C) List of medical supplies/first aid kits
and where they are located;
(D)
Description of mobile transport cages and equipment on hand;
(E) Written plan of action for emergencies to
include but not be limited to rattlesnake bites, escape of rattlesnakes, and
emergency facility evacuations.
(2) Permittees are responsible for the
capture, and for the costs incurred by the department related to capture or
elimination of the threat, of an escaped rattlesnake or the use of humane
lethal force required to capture a rattlesnake that escapes.
(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.
(4) Permittees shall
immediately report by telephone the escape of a rattlesnake possessed pursuant
to this section to the nearest department regional office and the nearest law
enforcement agency of the city or county in which the rattlesnake
escaped.
(h) Records.
Every permittee that houses live native rattlesnakes shall keep accurate
accounting records for three (3) years from most recent issuance or renewal of
the permit in which all of the following shall be recorded:
(1) The complete scientific name and number
of all native rattlesnakes purchased, propagated, transferred, exchanged, died
and possessed.
(2) The person from
whom the native rattlesnakes were purchased, exchanged or
transferred.
(3) The person to whom
the native rattlesnakes were exchanged or transferred.
(4) The date that the native rattlesnakes
were purchased, exchanged, transferred, propagated or died.
(5) All required records shall be legible and
in the English language and maintained within the State of
California.
(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.