2150
. (a) (1) The department, in cooperation with the Department of
Food and Agriculture, may, upon application, issue a written permit
to import into, possess, or transport within this state any wild
animal enumerated in, or designated pursuant to, Section 671 of Title
14 of the California Code of Regulations, upon a determination that
the animal is not detrimental or that no damage or detriment can be
caused to agriculture, native wildlife, the public health or safety,
or the welfare of the animal, as a result of the importation,
transportation, or possession.
(2) A permit may be issued to any person only upon application and
payment of a nonrefundable application fee in an amount determined
by the department pursuant to Section 2150.2. Application forms shall
be provided by the department and shall be designed to ascertain the
applicant's ability to properly care for the wild animal or animals
the applicant seeks to import, transport, or possess. Proper care
includes providing adequate food, shelter, and veterinary care, and
other requirements the commission may designate.
(b) The commission or the department shall deny a permit and the
commission shall revoke a permit if it finds that a permittee or
applicant has failed to meet, or is unable to meet, the requirements
for importing, transporting, possessing, or confining any wild animal
as established pursuant to Section 2120.
(c) A zoo is exempt from any permit requirement pursuant to this
chapter except for animals whose importation, transportation, or
possession is determined by the department, in cooperation with the
Department of Food and Agriculture, to be detrimental or cause damage
to agriculture, native wildlife, or the public health or safety. For
purposes of this section, "zoo" means any organization which is
accredited as meeting the standards and requirements of the American
Zoo and Aquarium Association (AZA). Any California organization which
is not accredited by the AZA may apply to the department for a
waiver of specified permit requirements of this chapter. The
department may grant or deny the request for a waiver for justified
reasons. Foreign zoos outside this state are not subject to the
permit requirements of this chapter beyond those specific permit
requirements affecting California zoos or organizations with which
they are collaborating. Any organization may appeal the determination
of the department to the commission.
(d) An exhibitor licensed by the United States Department of
Agriculture or a dealer who is so licensed who buys any animal
specified in subdivision (c) from a zoo within the state, may sell or
transfer it only to a private individual who has a permit issued
pursuant to this section prior to the receipt of the animal or to a
public or private organization that has a permit issued pursuant to
this section prior to the receipt of the animal. The exhibitor or
dealer who sells or transfers that animal shall pay a fee pursuant to
Section 2150.2 to the department.
(e) Any university, college, governmental research agency, or
other bona fide scientific institution, as defined in regulations
adopted by the commission, engaging in scientific or public health
research is exempt from any permit requirement pursuant to this
chapter except for animals whose importation, transportation, or
possession is determined by the department, in cooperation with the
Department of Food and Agriculture, to be detrimental or cause damage
to agriculture, native wildlife, or the public health or safety.
(f) Notwithstanding the provisions of this section, every zoo,
university, college, governmental research agency, or other bona fide
scientific institution shall comply with the requirements of
subdivision (a) of Section 2193 for all animals the zoo, university,
college, governmental research agency, or other bona fide scientific
institution possesses that are enumerated in, or designated pursuant
to, Section 671 of Title 14 of the California Code of Regulations.