CA UPDATE 11/12/96
 
Here's what happened last Friday at the Fish and Game Commission hearing.
Randy Christison's opinion was essentially that the specific language of
2118 which includes ferrets in the list of prohibited species, and
specifically excludes domesticated dogs and cats, makes the legislative
intent clear-- the Legislature intended for Fish and Game to prohibit
domesticated ferrets!  Of course, one has to skip right over the rubric, or
heading of that statute, and virtually every other statute of Fish and Game
because they contain the specific word WILDLIFE!
 
The Commission did not rule that they don't have the authority to delist the
ferret, neither did they rule that they do have that authority.  Instead,
they said, we're confused, let's go back to the Legislature via a committee
(consisting of ex-Commission president Frank Boren, a staff member of the
Department of Fish and Game, and Mr. Christison, as legal counsel only).
Commissioner Frank Boren will be the only one on this committee with an open
mind-- of course I don't know who will represent the Department of Fish and
Game yet, but no one can really expect that individual to be unbiased, and
we've seen how Mr. Christison has behaved,so, a very stacked deck will
approach the Legislature's oversight committee, whatever oversight committee
that might be, to try to understand what the Legislative intent behind
listing the ferret in this wildlife statute really was.  Christison did say
that the opinion by Mary Ellen Hogan and Chris Amantea of McDermott, Wills
and Emery was the best he's ever seen on this issue.  They are experts in
the field of environmental law and their opinion was beautifully written and
on point.  That opinion was delivered to each Commissioner as well.I also
spoke today with Jan Goldsmith and he's surprised and disappointed by the
Commission's unwillingness to address this issue head on.  Jan is not about
to let this issue go away, so let's all be ready to help him when he asks
for it.
 
I will have more information later this week, or early next week, about
possible next moves in this ridiculous and embarrassing dance by our
government around what should be a no-big-deal issue.  Based on the extreme
position taken by the Deputy Attorney General, ignoring the plain language
of the statute that clearly gives the Commission authority to deal with the
ferret issue, one has to ask, what are they so afraid of?  Someday, DFG and
the Commission will have to do the right thing by the good people of this
state and relieve ferret owners of the burden of living like criminals.
Putting off the question of the ferret's true nature will not allow the
agency or the Commission to avoid having to eat a healthy dose of crow,
their portion (and the issue) just promises to get bigger.
 
BTW Californians for Ferret Legalization sent approximately 200 Press
Releases to newspapers across the state condemning the abuse of government
by our Department of Fish and Game.  In the absence of any hot story or
legislation, I was surprised to hear that a reference appeared in Rob
Morse's column in the San Francisco Examiner.  But unlike Jim, I don't see
it as bad press.  Believe me, I've seen worse, and well, we do have a few
tricks, er, up our "pant legs."
 
Jeanne Carley
Coordinator
Californians For Ferret Legalization
[Posted in FML issue 1752]