Back to the Fish and Game Commission, but with a difference
OAL is responsible for ensuring that California state agencies comply with the rulemaking procedures and standards set forth in California’s Administrative Procedure Act (APA). A “regulation” is any rule, regulation, order or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it. When adopting regulations, every department, division, office, officer, bureau, board or commission in the executive branch of the California state government must follow the rulemaking procedures in the Administrative Procedure Act (APA) (Government Code section 11340 et seq.) and regulations adopted by the Office of Administrative Law (OAL), unless expressly exempted by statute from some or all of these requirements. The APA requirements are designed to provide the public with a meaningful opportunity to participate in the adoption of regulations or rules that have the force of law by California state agencies and to ensure the creation of an adequate record for the OAL and judicial review.
Date: October 29, 2024
California Fish and Game Commission
P.O. Box 944209
Sacramento, CA 94244-2090
Subject: Formal Request for Regulatory Review of 14 CCR 671 and the Classification of Domestic Ferrets
Dear Members of the California Fish and Game Commission:
I am writing to formally request that the California Fish and Game Commission (FGC) conduct a thorough and scientifically-based review of 14 CCR 671, which currently classifies domestic ferrets as a restricted species, alongside wild and detrimental animals. This request follows correspondence with the Office of Administrative Law (OAL), which has informed us that the authority to review and amend this regulation lies with the FGC. As such, I am now petitioning the Commission directly under Government Code Section 11340.6, requesting the amendment of 14 CCR 671 to remove domestic ferrets from the list of restricted species.
Background and History of Unfair Treatment
For decades, the California Fish and Game Commission has subjected ferret owners to undue and unfair treatment based on outdated and unsubstantiated claims about the nature of domestic ferrets. Despite overwhelming evidence supporting the domestic status of ferrets, the FGC continues to classify them as wild and detrimental animals, even though no scientific data has ever conclusively demonstrated that ferrets pose a threat to California’s environment or public health.
We believe this long-standing regulatory stance by the FGC lacks the necessary scientific foundation and has never been justified by an open, transparent, and rigorous review. As noted in California Civil Code Section 655, domestic animals, including ferrets, should not be subject to restrictions meant for wild or harmful species unless it is clearly proven that such classification is necessary. To date, such proof has never been presented.
Legal Basis for Petition and Request for Review
Under Government Code Section 11340.6, we have the right to petition for regulatory change, and under Government Code Section 11340.7, the FGC is obligated to respond within 30 days of receiving this petition. We formally request that the Commission initiate rulemaking proceedings and thoroughly examine the inclusion of domestic ferrets in 14 CCR 671.
This examination must consider the best available science and should involve public hearings where we can present expert testimony, peer-reviewed studies, and evidence from states where ferrets are legal and pose no environmental threat.
The Fish and Game Commission must also comply with the Administrative Procedure Act (APA), which mandates transparency, public participation, and due process in regulatory matters. We demand that these standards be fully upheld as you review our petition.
Moving Forward
Given the long history of neglect and misclassification of ferrets as wild and harmful animals, I am prepared to pursue this matter to the fullest extent of the law. Should the FGC fail to adequately address our concerns or dismiss this petition without a thorough review based on facts and science, I will have no choice but to seek judicial review under Government Code Section 11350, which provides for the invalidation of regulations that lack a legal or scientific basis.
I am ready to reinitiate legal proceedings in California Superior Court, pro se, if the Commission does not act in accordance with its legal responsibilities. I am committed to challenging this issue until the FGC addresses the injustice and reclassifies domestic ferrets fairly and accurately.
Conclusion
I respectfully urge the Commission to take this matter seriously and initiate the necessary steps to remove domestic ferrets from 14 CCR 671. It is time to correct this regulatory overreach and give ferret owners in California the same rights and protections afforded to residents in the 48 states where ferrets are legal and recognized as domestic animals.
Thank you for your attention to this important matter. I look forward to your timely response and to working together toward a fair and just resolution.
We STILL need public support!
Even though we are not the OAL, we are keeping this petition up
Ferrets have never had their day in court, and it’s time to change that! We’re taking our case to the California Office of Administrative Law to fight for ferret legalization, but we need public support to make it happen. Please sign our petition and help us ensure ferrets finally get the fair hearing they deserve!
Our Start
The Birth of Ferrets Anonymous: Advocating for Ferret Lovers Since 1993
Ferrets Anonymous was founded in 1993 to give ferret enthusiasts in San Diego County a collective voice. Our mission is to overcome legislative challenges and foster a supportive community for ferret lovers.
Rallying for Change
Our journey began with a proactive approach, reaching out to local legislators for support. Despite early obstacles, such as Senator Lucy Killea’s initial dismissal, our group remained steadfast. Our efforts culminated in the Ferret Legalization Rally, which attracted media attention and gathered around 40 dedicated individuals.
Forming Ferrets Anonymous
Inspired by the rally’s success, we formalized our organization. A serendipitous encounter with a neighboring Narcotics Anonymous meeting led to our unique and memorable name: Ferrets Anonymous.
Ferrets are Domestic
According to our state civil code, domestic animals are legal. However, the Fish and Game Commission has circumvented this by misclassifying ferrets as wild or stating that their domestic status hasn’t been confirmed in California.
Despite our repeated requests, the Commission has refused to stop labeling ferrets as wild animals. They claim that doing so would relinquish their jurisdiction over ferrets. However, our investigations have revealed this claim to be false. The misclassification persists, unfairly impacting ferret owners and enthusiasts across the state.
In response, Ferrets Anonymous has taken decisive action by filing a lawsuit to challenge this misclassification. With the support of a dedicated attorney, we are fighting to correct this unjust designation and secure the rightful status of ferrets as domestic animals.
This legal battle is crucial for protecting the rights of ferret owners and ensuring that these beloved pets are recognized and treated appropriately under the law.
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3000 Club
In 2005, LegalizeFerrets.org was established with a clear mission: to pursue a ballot initiative aimed at legalizing ferrets. Our strategy involved rallying 3000 individuals to support our cause. They could either contribute $10 and commit to gathering 100 signatures or opt for a $100 membership, thus joining the esteemed 3000 Club.
While we have yet to reach our goal of 3000 members, the initiative persisted as the most promising avenue for advancing ferret legalization.
We are still accepting memberships, you can join here!
CLIFF
In 2015 we filed a ballot initiative, CLIFF; Californians Legalization Initiative for Ferrets. Our goal was to get 90,000 signatures to trigger a legislative hearing. We knew we didn’t have a chance of getting the 360,000 signatures to put the initiative on the ballot. Unfortunately we fell way short, only collecting a little over 10,000 signatures.
We did learn that people are increasingly more familiar with ferrets, that younger people especially not only favor legalization but laugh at the prohibition. We also learne
In 2015, we took a bold step forward by filing the CLIFF initiative (Californians Legalization Initiative for Ferrets). Our ambitious aim was to gather 90,000 signatures, which would trigger a legislative hearing. Realistically, we knew attaining the 360,000 signatures required to place the initiative on the ballot was beyond reach. Regrettably, we fell significantly short, only managing to collect a little over 10,000 signatures.
Despite this setback, valuable insights were gained from our efforts. We discovered a growing familiarity with ferrets among the public, particularly among younger demographics who not only support legalization but also find humor in the prohibition. However, our failure to meet the signature target was perceived by legislators as a signal that ferret legalization is not a pressing issue requiring their attention.
d that legislators saw our failure as a sign that ferret legalization is not something they have to be concerned with.