BILL ANALYSIS
SB 1093
Page 1
Date of Hearing: July 10, 2001
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Dean Florez, Chair
SB 1093 (Johannessen) - As Amended: June 4, 2001
SENATE VOTE : 27-4
SUBJECT : Ferrets
SUMMARY : Declares an amnesty for owners of ferrets as of May
1, 2001, under specified conditions. Specifically, this bill :
1)Provides that a person who owns a domestic ferret (Mustela
furo) on May 1, 2001, will own the ferret legally on and after
January 1, 2002, if the owner can provide documents to show
that the ferret has been spayed or neutered and vaccinated
against rabies by a licensed veterinarian.
2)Provides that any county may adopt an ordinance that provides
for licensing of pet ferrets and that includes enforcement
methods or other regulations regarding the ownership or
possession of a ferret in the county.
3)Requires the Fish and Game Commission (Commission) to make a
determination whether to remove the ferret from the list of
prohibited species, with public testimony to commence by
October 2003.
EXISTING LAW : Prohibits the importation, transportation,
possession, or release into this state, except under a revocable
and non-transferable permit, any wild animal, including any
member of the family Mustelidae, which includes domestic
ferrets.
FISCAL EFFECT : Department of Fish and Game (DFG) estimates that
enforcement costs could range from $60,000 to $600,000 per year.
COMMENTS : This bill would grant an amnesty for current owners
of domestic ferrets (Mustela putorius furo) in California,
provided the ferrets are spayed or neutered and vaccinated
against rabies. The bill also requires the Commission to
determine whether ferrets should be removed from the list of
animals that are restricted in California.
SB 1093
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From 1994 through 1999, there have been annual bills in the
Legislature seeking various degrees of legalization of ferrets.
To date, none have passed both houses.
The domestic ferret is a variety of the European polecat, with
which it can interbreed. Ferrets have been domesticated for as
long as 2,500 years. They were originally used for hunting
burrowing animals and rabbits. Ferrets have since become
popular as household pets.
Proponents of this bill claim that as many as 500,000 ferrets
are owned as pets in California, in spite of the ban. However,
a survey of the American Veterinary Medicine Association
estimated that there were 791,000 pet ferrets in the entire
United States in 1996. Pet stores commonly have ferret aisles,
stocked with food, toys, and cages. Proponents claim that
domestic ferrets cannot live for more than a few days in the
wild, because they lack the instincts to hunt, seek shelter, or
avoid predators. Although there have been known cases of
ferrets attacking humans, especially small children and babies,
proponents contend that statistics show dogs are far more likely
to bite. Of course, due to the secretive nature of ferret
ownership, statistics on attacks by ferrets are difficult, if
not impossible, to obtain.
California and Hawaii are among six states in which possession
of ferrets is prohibited. In Kentucky, New Jersey, New York,
and Rhode Island, however, permits are available for possession
of ferrets as pets or for breeding. Thirty six states have
never prohibited ferrets. Seven states legalized possession of
ferrets between 1987 and 1995. A 1985 court decision in Alaska
removed that state's authority to regulate ferrets.
The Commission acknowledges that it has the power to remove
species from the prohibited list. The Commission claims that it
is ready to consider the legalization of ferrets, and in fact
held a public hearing on ferrets in April 2000. However, the
Commission contends that because its regulatory actions are
considered projects under California Environmental Quality Act
(CEQA), preparation of an environmental document is required.
The Commission requested the ferret proponent organizations to
fund and complete the environmental document, but those
organizations have not done so.
SB 1093
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The Commission and the California Waterfowl Association are
concerned that escaped ferrets could cause damage to other
wildlife, especially bird populations. Ferrets have become a
problem in New Zealand, where they were introduced to lower the
population of rabbits. They have been found preying on the
nests of wild birds, including the kiwi, New Zealand's national
bird. Feral populations of ferrets also exist in Great Britain
and the Island of San Juan in the State of Washington.
One major problem with this bill is enforcement. The bill
states that ferrets kept in California as of May 1, 2001 will be
considered to be legal, if spayed or neutered and vaccinated.
However, because these ferrets were imported or bred here
illegally, it is unlikely that the owners will be able to
reliably document their presence in the state before that date.
DFG will have to take it on faith that ferrets found in the
state between May 1 and January 1, 2002 were here before May 1.
Furthermore, because ferret owners in the state have broken the
existing law, the question arises as to whether they will abide
by the law as stated in this bill.
The Commission argues that, before legalizing any ferrets, it
would be better to wait until after an environmental document is
completed as required by CEQA and the Commission has had an
opportunity to rule on whether to remove ferrets from the
prohibited list. If the Commission were to decide to keep
ferrets on the prohibited list, based on the EIR, there would be
a large population of ferrets already grandfathered into legal
status, and enforcement of the prohibition would be virtually
impossible.
SB 1093
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REGISTERED SUPPORT / OPPOSITION :
Support
Californians for Ferret Legalization (sponsor)
California Animal Control Directors' Association
California Veterinary Medical Association
Capitol City Ferret Club
Contra Costa Humane Society
Doris Day Animal League
Ferrets Anonymous
Pet Industry Joint Advisory Council (PIJAC)
The Fund for Animals
25 individuals
Opposition
Audubon California
California Waterfowl Association
Department of Fish and Game
Analysis Prepared by : Jeff Volberg / W., P. & W. / (916)
319-2096