Hello everyone,
 
As most of you know, my father, Floyd Carley, along with Assemblymember Jan
Goldsmith, Dick Shumacher, Executive Director of the CVMA, avian expert Ed
Hamilton, myself, and one or two others, made a presentation to the Fish and
Game Commission in November of 1995 asking that ferrets be deleted from
section 2116.  After almost 4 hours of debate, the Commission voted to
publish their intent to remove ferrets from this list of prohibited wild
animals.  Subsequent to that decision, DFG Legislative Counsel, Randall
Christison, told the Commission that they lacked the authority to delist
animals from DFG code section 2116, and thankfully, Marshall Farms, USA,
stepped in and sued the Fish and Game Commission for what was a clear
abdication of their duties.
 
Well, it's been difficult to sit on this news but on January 9th, Judge
Judith McConnell, of the Superior Court of California, San Diego County,
ruled that the California Fish and Game Commission not only has the
jurisdiction to remove ferrets from the list of prohibited wildlife, but
that, since they have never determined whether ferrets are wild or
domesticated, the Commission is now obligated to make such a determination.
(A word of caution here to ferret supporters.  Do not contact the court,
judge, or anyone within the court system.  There is no need, and it is
highly improper.  If I receive permission from the attorneys representing
Marshall Farms, USA, I will ensure that the entire judgement is available on
the Californians for Ferret Legalization website,
http://www.ferretnews.org.)
 
What this means is that the Commission must make a ruling, a determination,
as to whether ferrets are wild or domesticated.  The ruling states in part:
 
"the legislative history provided by petitioner (Marshall Farms) clearly
indicates that the legislature intended respondent (Fish and Game
Commission) to have complete authority to add or delete animals from the
statutory list of restricted species.... the court can compel respondent
(the Commission) to act because the language of section 2116. coupled with
the legislative history provided by petitioner (Marshall Farms), clearly
indicate that respondent (the Commission) is required to determine one way
or another whether the ferret is a wild animal...... finally, as for
respondent's (the Commission) contention that the evidence in the record
supports the conclusion that the ferret is not normally domesticated, this
contention is premature as respondent (the Commission) never actually made a
determination about the status of the ferret."
 
HOORAY!!!!!!  That's what we've been saying all along!!!!!
 
Now, we still need to press hard for our bill because this ruling may be
appealed, and that could take months.  I believe an appeal will lose, and
the Commission will have to make a ruling.  But sadly, there is no guarantee
they will make the correct ruling though it is what we would hope for.  If
they choose to call the domesticated ferret wild, that would necessitate
another lawsuit.  In the meantime, wouldn't it be nice to be a citizen in
good standing here?  Wouldn't it be a relief to have your ferret's safety
guaranteed?  (REMEMBER, UNTIL OUR DEPARTMENT OF HEALTH DOES THE RIGHT THING
AND ACCEPTS A QUARANTINE FOR FERRETS THAT BITE, BITE CIRCUMSTANCES MAY
RESULT IN THE UNNECESSARY EUTHANIZING OF YOUR PET, AND THAT WON'T CHANGE
WITH LEGALIZATION, BUT WITH A CHANGE IN THE RECOMMENDATIONS BY DHS).
 
Californians, you have reason to celebrate this ruling, even at this very
sad time, since it comes on the heals of the killing of Rocky.  I'm sure the
irony is not lost on anyone that these two events ocurred withing one day of
each other and both in the County of San Diego.  Please use your energy
wisely and funnel it into a renewed effort to pass AB 363.  We've come so
far, we can pass this bill.  It's time to recontact your State Senator,
especially if he or she is on the Senate Appropriations Committee.  It's
time to make an extra effort to spread the word to the public.  I know the
weather is rotten, but you can help make new contacts for this effort by
manning tables at pet stores, by posting the Californians for Ferret
Legalization WANTED poster in pet stores and vet offices.  If you would like
a copy of the WANTED poster and ferret fact sheet, please e-mail me with
your mailing address.
 
Congratulations to the law firm of McDermott, Will and Emery, and to
attorneys Chris Amantea, who argued this motion, and Mary Ellen Hogan.
Thank you to Peter Reid and Marshall Farms for a much needed judicial
effort-- please hang in there.
 
Jeanne Carley
Californians for Ferret Legalization (CFL)
410 Mountain Home Road  Woodside, CA  94062
(415) 851-3750   <[log in to unmask]>
http://www.ferretnews.org-- CFL Website
CALIFORNIANS, YOU CAN FIND OUT YOUR STATE SENATOR BY VISITING THIS SITE!!
CALL AND WRITE YOUR SENATOR AND GOV. WILSON--DON'T LET OUR BILL DIE!
++++++++++++++++++++++++++++++++++++++++++++++++++++++++
For pure ferret fun, check out http://www.ferretcalendar.com
[Posted in FML issue 2185]