California Fish & Game Sued for Ignoring State Code Regulations

Animal Protection Institute
Wednesday, 24 October 2001

SACRAMENTO -- In a suit filed today with the Superior Court of California, the Animal Protection Institute (API) and the Fund for Animals called for the California Department of Fish & Game (DFG) to enforce provisions of state Fish and Game codes concerning exotic animals which were enacted in 1985.

The lawsuit stems from a 1999 API investigation into inconsistencies of then-new DFG regulations with existing statutes and the actions of DFG which were inconsistent with its own regulations. Also at issue are unimplemented regulations that require establishing a committee to advise the director and entering into memorandums of understanding (MOUs) with eligible local entities to revoke or deny permits regarding the exhibition of exotic animals. The suit also seeks to compel DFG to modify and/or enforce existing regulations.

For example, DFG regulations bar issuing a permit if the exhibitor is being investigated for, charged with, or convicted of, violating the Animal Welfare Act. Yet API's investigation showed that a number of circuses and other exhibitors received California permits despite investigation by the U.S. Department of Agriculture (USDA).

Also, the DFG issued permits to unqualified zoos even though its own regulations require these zoos to be members of the American Zoo and Aquarium Association. Two "zoos" weren't members, and others were under investigation by the USDA.

Both the Fund and API charge that the Committee -- of which the Fund's Virginia Handley was a part -- never advised or assisted the director in entering into MOUs with eligible local entities regarding on site inspections of facilities with wild animals although many eligible groups -- including the Santa Clara Humane Society, the Los Angeles SPCA, and the Marin Humane Society -- remain interested in obtaining MOUs with DFG. This also directly contradicts the intentions of the 1985 law.

"By ignoring this statutory requirement, the California Department of Fish & Game has thumbed its nose at the legislature and the public, an inexcusable failure that puts the welfare of animals and the safety of California citizens in jeopardy," said Michael Markarian, Executive Vice President of The Fund for Animals.

"The California Department of Fish & Game wasted years and rejected numerous opportunities to fulfill the obligations of this 16-year-old law," said Nicole Paquette, Counsel for the Sacramento-based Animal Protection Institute. "It appears that DFG has no intention of serving its own mandate. Californians -- and the animals placed on exhibit in this State -- deserve better."

For more information, or to contact Animal Protection Institute, see their website at: www.api4animals.org