Ms. Carley not only attended the meeting but testified as well.  Here is her
accounting of the events of the meeting on Nov. 2, 1995    [CDFA1]
 
         CDFA Moves Issue Ahead with Fish and Game Commission
 
When my father, Floyd Carley, made his terrific presentation to the Fish and
Game Commission in August this year, it was so well organized and delivered
that the Commission directed (they did not ask) that the department respond
to the issues he raised.  Having seen the same lies about ferrets told over
and over again by the Department of Fish and Game (DFG) and the Department
of Health Services (DHS) I stood up and respectfully asked that the
California Domestic Ferret Association be invited back to rebut any
testimony the department might give.  Little did I know then that the event
would snowball.
 
Shortly after Dad's presentation, I was in Sacramento for one of the many
legislative meetings between CDFA lobbyist Bob Naylor, CVMA lobbyist Mike
Dillon, and PIJAC lobbyist Kevin Pedrotti and CDFA.  We were organizing our
combined approach to the 11 Senators on our Natural Resources committee.  At
that meeting I told Mike Dillon that this was the first time I'd ever seen
any movement from the commission, and that I thought they should hear from
Dick Schumacher and the CVMA on this issue.  The veterinarian's position had
never been presented to this body and it was an excellent opportunity for
the commissioners to hear from a professional association harmed by the
ferret ban.  Mike agreed and asked that I call Dick about sending a letter
or testifying in person.  Dick was unsure of the possibilities from this
hearing but agreed to attend and testify in person.
 
At that time Dick told me of the harassment of Janet and Barry Weber of
Fresno by a DFG warden.  He said they could add a personal side to this
issue and asked that I call them and coordinate their testimony as well as
the rest of the testimony to be presented.  After talking with Janet and
Barry, it was clear that their story about the absurd 22 hour DFG stake-out
of their home, and the harassment of their neighbors over this minuscule
non-issue could be particularly damaging to DFG as an incredible waste of
taxpayer dollars.
 
In the meantime, Dad was dissecting the DHS report, as well as DFG claims
about the ferret with factual information from credible sources, and I was
making calls to CDFA members to pre-screen them for the CVMA-organized
visits to the Senators on our committee.  In the course of calling folks in
Senator Killea's district, I happened upon a member of ours by the name of
Ed Hamilton.  Ed's business is in Bionomics.  He is a consultant on wildlife
issues, specifically waterfowl, and actually is on a DFG committee.  I asked
him to address the impact of the ferret on ground-nesting birds in the U.S.,
and to address the New Zealand question, as undoubtedly it would come up.
 
At the same time, both Bob Naylor, the CDFA lobbyist, Dick Schumacher of the
CVMA, had been trying to allay Farm Bureau concerns on this issue.  Bob
Naylor made several calls but was having difficulty getting the two sides
together so I asked Bob about enlisting Assemblyman Jan Goldsmith's help.  I
told him that Jan had suggested that the Dad and I and Bill meet with the
Farm Bureau to present our evidence so perhaps Jan would help organize such
a meeting.  Bob though it was a good idea so suggested I call Jan about it.
 
Since it was already after 6:00 P.M when I got off the phone with Bob
Naylor., I didn't really expect to reach Jan but hoped to simply leave a
message.  Fortunately Jan was in and took my call.  He cares so deeply about
this issue that he not only offered to organize something with the Farm
Bureau, but when I told him of the CDFA presentation in a few days, he
offered to testify.  I told him about the federal study by the Office of
Technology Assessment documenting an absence of feral ferrets and
immediately faxed a copy his way.  Jan's desire to become a part of this
presentation was key and all of the participants were excited with the
prospect of his attendance.  The stage was now set for the best case for
ferret legalization ever heard by this commission.
 
At 8:30 A.M., the participants all met for breakfast at the Holiday Inn on
the Bay, Assemblyman Jan Goldsmith, Matt Adams from Jan's office, the
Webers, Dick Schumacher, Ed Hamilton, Dad, Bill and I sat down over
breakfast to go over a list I provided for each participant of all of the
persons testifying and their topics.  It was only necessary to determine the
order.  Everyone concurred that Jan should go first.  This committee doesn't
usually hear from Assembly members and we knew his appearance would set the
tone.  Next Dad would testify as the major rebuttal, then Dick, then Ed,
then the Webers, then me and, for clean-up, Bill.
 
Jan's testimony was impassioned and articulate.  He said that this was a
clear case of over-regulation and a waste of taxpayer dollars.  He held the
OTA report up and said that this animal is clearly domesticated and clearly
not a problem.  Jan highlighted the 250,000-500,000 illegal domestic ferrets
already in this state.  He asked that the Commission do their job and
classify this animal as normally domesticated in this state, and that the
legislature would do their job by putting into place appropriate regulations
on the ownership of the domestic ferret.  Jan's committment to this issue
was clearly evident to the Commissioners and I think helped to communicate to
them that this issue is not about to go away.
 
My father was next, and one by one literally shredded anti-ferret claims in
the infamous 1987 DHS report.  From phantom feral populations, to misquoted
experts, to gross hyperbole on the ferrets' threat to children, as well the
rabid nature of DHS statements on the disease in ferrets, the DHS report was
shown to be exactly what it is:  an advocacy piece for the ban on ferrets
produced at the request of DFG.  Dad amassed over 20 exhibits from outside
agencies documenting the incorrect and misleading statements by both agencies
on this issue.  Dad said that if ferrets could sue for libel, they'd have a
very strong case!  He also highlighted our key issue, jurisdiction, with
over 50 cites that the animal in question is domesticated.
 
Dick Schumacher followed with an explanation to the Commission that if the
Health Department's concern was truly for public health issues that the
ferret needed to come out of the closet and be vaccinated for rabies and
other diseases.  He described the predicament of California's veterinarians
whose code of ethics mandate that they treat all animals yet treatment of
ferrets means they could lose their licenses because they are considered to
be in possession by current DFG rules.  Dick told the commission that the
CVMA and the AVMA considers the ferret to be a domesticated species, and
that neither group advocates the keeping of wild animals as pets.  He also
caught the Health Department in its incorrect statement that euthanasia for
rabies vaccinated ferrets that bite is universal.  Dick's testimony was
strong and compelling.  The CVMA is one of this issue's strongest advocates,
their claims are rational and unemotional.
 
(Having seen the DHS letter before the hearing I asked Marie Davis to
contact the Bossarts in New Hampshire about the letters they had on Health
Department letterhead from Virginia, Ohio, and Colorado, regarding observed
quarantine times for vaccinated ferrets that bite.  They kindly overnighted
this information to me and I passed these on to Dick at the breakfast
meeting.  I had previously provided him with a copy of the New Hampshire
bill that the Bossarts were instrumental in passing that mandates a 45 day
quarantine for healthy vaccinated ferrets that bite.  All I can say is that
it was wonderful to see another DHS misstatement of fact go up in flames.
Thanks Marie, Dick and Joan.)
 
Ed Hamilton reminded the Commission that he is on a DFG appointed committee
as an expert in waterfowl concerns, and has traveled extensively in New
Zealand and all over the world.  He was referenced in recent books about
Mustelids and has worked with the San Diego Zoo for years.  Ed addressed the
question of any impact from the ferret on waterfowl testifying that
literally no reports of morbidity or mortality from the domestic ferret have
been documented in this country.  He told them that New Zealand does not
prohibit the keeping of ferrets as pets.  Rats, cats, snakes and man, he
testified, have done more damage than all of the mustelids combined will
ever do, and that a comparison of island and mainland ecosystems was not
appropriate.
 
After hearing from scientists and professionals, it was the Webers turn.
Janet Weber was alleged, by an overzealous DFG wardenette, to be in
possession of a ferret.  This warden alleged that she saw Mrs. Weber in a
veterinarians office holding a sick ferret.  I saw the police report and had
to laugh out loud when the warden reported that since she was with her 5
year old son, she feared for his safety and was unsure of how to proceed
without putting him in "further jeopardy".  My god, if Mrs. Weber had a
sick ferret, I can't imagine how this kindly, 45 (or so) year old woman with
one sick ferret adds up to a deadly combination for a 5 year old.  What
hysterics.  Anyway, Janet testified that this female warden and another
female warden literally staked out her house for over 20 hours, stalked her,
ran DMV checks on her licenses and those of her neighbors, broke a pane of
glass in her door by pounding on it, and gained entry to her neighbor's
property by false pretenses all over the suspicion that the Weber's had....
a ferret.  The Weber's letter to their Assemblymember asked that DFG's
budget be slashed so that real crime in their area could be better
addressed.  The Webers also testified about a neighbor harassed by the same
warden who may go into premature labor because of this same warden's
anti-ferret zeal.  The interim and deputy director of DFG encouraged the
Webers to file a citizens complaint against this clearly overzealous
warden..
 
I testified that California's unique and unjustified ferret ban had horrific
effects, not just for Californian's like the Webers but for visitors
surprised at the Agriculture Inspection Stations.  I mentioned the 11 year
old from Canada, recently separated from his dying mother, now cruelly
separated from his only pet.  I reminded the commission of the young student
from Arizona who was jailed!  I presented the Commission with loving photos
of children and their ferrets taken in Oregon which could just have easily
been taken in any of the 50 states, including California, and virtually the
world because ownership of the ferret is a universal right.  I told them
that Californians knew they were not criminals for exercising this right and
that this is why this law is so widely ignored.
 
Bill Phillips asked to follow any opposition viewpoints but unfortunately
his request was denied.  He then pointed out that no other wildlife agency
spends one dime on this issue and told the commission that since he began
working on ferret legalization no less than 5 states have legalized the
ferret, all while California wildlife officials maintained that California
was on the cutting edge.  He said that if that were the case, he'd prefer
that none of these trend setters carve his Thanksgiving Day turkey.
 
Next up, in opposition, was the ubiquitous Mr. Michael Winikoff from the
Humane Society of the United States expressing concernsa about the impact of
ferrets on Humane Agencies.  As Dad said about DFG testimony, the word
concerns was used so often that it was apparent that opposition was long on
concerns and short on evidence.  Mr. Winikoff is the "ferret expert" who
wrote to the Senators on our committee that "when wild animals such as
ferrets are kept as pets...." He claimed that ferrets can and do have a
substantial effect on Humane agencies without any evidence to back up these
statements.  I asked him later if he had a copy of the survey I did on the
impact of the domestic ferret on animal control and humane agencies.  He
claimed that he wrote the CDFA main address but never received one.  Neither
Bill nor I have ever seen any request from HSUS for any information.  Maybe
they don't want to know the truth because they can't repeat it.  In any
case, the survey will be sent to Mr. Winikoff but we doubt that it will
make a significant difference in his organization's opposition to domestic
ferret ownership because contrary to what Mr. Winikoff says, the HSUS does
have something against ferrets and their owners.  He also testified that
HSUS had opposed ferret legalization everywhere, another lie.  There was no
opposition by HSUS to Michigan's bill and there is none to the Massachusetts
bill.  Dad was able to refute some of this when he was asked later to
clarify some CDFA data.
 
Again, I urge everyone who cares about ferrets to write HSUS and tell them
that any financial support they might have received from them is history.
Mr. Winikoff's claim that they, HSUS, has nothing against either the ferret
or ferret owners is pure garbage.  How they can maintain this when their
opposition threatens the lives of 500,00+ ferrets and criminilizes 250,00+
Californians is absurd.  I'll be sending him a copy of my report in which
mostly humane agencies reply to our ferret impact questionnaire that there
is an insignificant impact from the ferret on their facilities.  Write Mr.
Winikoff in Sacramento and the president Paul Irwin in Washington, D.C.
 
Commission President, Frank Boren said that Dad's dissection of the DHS
report was thorough and professional.  Vicepresident, Doug McGeoghegan said
that the information we presented was compelling.  Commissioner Theriot
maintained that they could not simply go on to item three based on the
evidence they heard so, after 3 hours of testimony and questions back and
forth, while everyone was literally on pins and needles, the commission
voted 3-2 to do a public notice and comment on this statute.  This is the
best we could have hoped for, except, of course, a 5-0 vote.  Any time the
commission changes a statute they are required to do a public notice and
comment.  The commission and department maintain they must do an
environmental impact study (EIS) and the deputy director of DFG told me that
this could take several months due to lack of personnel and funding.  I
asked that he suspend enforcement of the ferret ban and allocate enforcement
money to this EIS instead.  It was, of course only a rhetorical question on
my part.  I did, however, mention to the interim director of the Department
of Fish and Game, Chuck Raysbrook, that when New Hampshire DFG looked at
this issue they did an EIS that literally cost the equivalent 50) 32 cent
stamps when they wrote all 50 states asking if ferrets were legal and what
impact they had on wildlife, agriculture and public health.  He asked to see
the study and I will be forwarding it on to him.  I can't believe that this
state needs to spend any money literally repeating history by examining the
same issue that Bill Phillips first looked into in 1987 and 1989, that was
later examined by the New Hampshire Department of Fisheries in 1991, and was
looked into once again by the Office of Technology Assessment Report,
published in 1993, all with the same conclusion: FERRETS ARE DOMESTICATED
ANIMALS AND HAVE NO IMPACT ON WILDLIFE OR AGRICULTURE, AND AN INSIGNIFICANT
IMPACT ON PEOPLE COMPARED TO OTHER COMPANION ANIMALS ESPECIALLY DOGS!
 
Anyway, after the hearing, the same participants met for lunch to determine
the next step for our side, and to take a moment to smile and reflect on a
small but significant victory for the truth where ferrets are concerned.
Though all of us know that there is a lot more work to do, and that
legalization is still probably a year away, the mood was definitely one of
celebration.  Dad and I went so far as to actually have a beer.  Matt said
that our presentation was the most professional he had ever seen and Dick
Schumacher kindly praised the of organization of the testimony of all of our
participants.  I especially want to thank the all of the folks that took the
time to prepare so well for this event: Floyd Carley, Dick Schumacher, Ed
Hamilton, Bill Phillips and Barry and Janet Weber, and, a special thank you
to Assemblyman Jan Goldsmith for taking so much time from his very busy
schedule to give his terrific testimony about an issue that obviously deeply
concerns him.  His appearance was one of the keys to our success and I urge
all of you reading this to write him and thank him.
 
I will be in Sacramento for more meetings with the key players in this
effort to bring California into line with the rest of the nation and the
world, so for the latest on all of this, keep up your subscription to
Ferret Focus!
 
Jeanne Carley
Legislative Director, CDFA
 
P.S. Thanks also to all of you who called the night before to wish me a
good night sleep and success at the hearing.  I did not sleep well then but
do sleep a little better now.
[Posted in FML issue 1368]