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The California Fish & Game Commission Says the Public Has a Voice. Our Experience Shows Otherwise.

The California Fish & Game Commission Says the Public Has a Voice.
Our Experience Shows Otherwise.

For decades, Californians have been told that our state government is transparent, responsive, and accountable. And if you visit the California Fish and Game Commission’s website today, you’ll see that message front and center.

Right there on the page, the Commission proudly declares:

“The APA allows the public to participate… any interested person may petition a State agency to change regulation.”

This is not a slogan.
It is a legal promise — one rooted in the California Administrative Procedure Act (APA), a law that has governed state rulemaking since 1945.

The APA guarantees that any Californian may petition a state agency to adopt, amend, or repeal a regulation. It guarantees participation. It guarantees transparency. It guarantees a response.

At least, that’s how it’s supposed to work.

Our experience tells a very different story.

What the Commission Says vs. What the Commission Does

When we submitted the ferret petition — a lawful, properly formatted APA petition — here’s what happened:

  • It was not docketed
  • It was not acknowledged
  • It was not placed on any agenda
  • It was not processed
  • It was not forwarded properly
  • It was not responded to within the required timeframe

And when we filed Public Records Act (PRA) requests to understand what happened behind the scenes, we learned even more:

  • A litigation hold was issued
  • Internal communications were withheld
  • Emails between the Commission and the Department were withheld
  • Even basic metadata (dates, senders, subject lines) was withheld
  • PRA‑processing emails were withheld
  • Entire categories of documents were withheld under attorney‑client privilege

This is not what the APA promises.
This is not what the Commission advertises.
This is not what democracy looks like.

Why This Matters to Every Californian — Not Just Ferret Owners

The ferret issue is important on its own.
But what we’re seeing now is bigger than ferrets.

When a state agency:

  • advertises public participation,
  • promises transparency,
  • invites petitions,
  • and then ignores a petition entirely,

…it undermines the entire purpose of the APA.

The APA exists so that ordinary people — not just lobbyists, not just insiders — can participate in shaping state regulations. It is one of the few tools Californians have to influence policy without needing a lawyer, a lobbyist, or a political machine.

If the Commission can ignore one petition, it can ignore any petition.

And that should concern everyone.

The Front‑Page Promise Is Evidence

The Commission’s website is not just a public‑relations statement.
It is a public admission of their legal duties.

When they say:

“Any interested person may petition to change a regulation,”

they are acknowledging:

  • they know the law,
  • they know the process,
  • they know their obligations,
  • they know they must respond.

So when they fail to process a petition, it is not confusion.
It is not a misunderstanding.
It is a failure to follow their own rules.

Courts take this seriously.

What This Means for the Ferret Petition

Here’s the good news:

  • The law is on our side.
    The Commission’s own website confirms it.
  • The petition is being taken seriously.
    Agencies don’t issue litigation holds for trivial matters.
  • Their secrecy is revealing.
    When an agency hides documents, it’s rarely because everything is fine.
  • This strengthens our case.
    Their public promises and their private behavior are now in direct conflict.

What We’re Doing Next

We will continue to:

  • file PRA requests,
  • document inconsistencies,
  • demand compliance,
  • inform supporters,
  • pursue every lawful avenue to enforce the APA.

We are not discouraged.
We are not going away.
And we are not alone.

A Final Thought

The California Fish and Game Commission tells the public:

“You have a voice.”

But when we used that voice, they ignored it.

Rights don’t disappear just because an agency refuses to honor them.
They become even more important to defend.

And that’s exactly what we’re doing — for ferrets, for fairness, and for every Californian who believes government should follow its own rules.

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