Cal. Code Regs. tit. 14 § 671.3

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 671.3 - Minimum Facility and Caging Standards for Wild Animals Housed at Permanent Facilities

(a) General Housing Requirements and Specifications.

(1) All cages or enclosures shall be completely enclosed unless otherwise specified.

(2) Compatible animals may be held in the same enclosure if the required floor space is provided.

(3) Common walls between noncompatible animals shall be constructed so that animals cannot gain access to each other.

(4) If the ambient air temperature falls below that necessary to maintain the animal in a healthy condition, an artificial heat source that is sufficient to maintain that minimum ambient air temperature shall be provided.

(5) If a pool of water is required, the floor space occupied by the pool shall be in addition to the minimum floor space requirement unless otherwise specified.

(6) Night quarters, holding pens and nesting boxes may not be used as primary housing.

(7) Except as provided in subsection (b) below, all animals listed shall be housed in facilities that have double doors or, if individual cages do not have double doors, then a perimeter fence shall enclose the entire facility to prevent escape.

(8) All enclosures shall be provided with sufficient drainage to prevent standing water from accumulating.

(9) Wherever a concrete floor is specified, either wood plank flooring or natural substrate may be used to cover the concrete floor.

(10) The following are minimum pen, cage or enclosure size requirements:

MINIMUM PEN, CAGE OR ENCLOSURE SIZE REQUIREMENTS

*Type of Animal*			*One Animal*	*Floor Space (Sq. Feet) Two Animals*	*Each Additional Animal*	*Interior Ceiling or Outside Fence Height (Feet)*

CLASS AVES--Birds Ploceidae, Estrildidae, Zosteropidae			4	4	+3/animal	2 Ceiling
	More than 2 birds requires a cage height of 6 feet.
	Alaudidae, Cuculidae, Turdidae, Sturnidae		6	6	+4/animal	4	?
	More than 2 birds requires a cage height of 6 feet.
	Corvidae		12	24	+12/animal	5	"
	More than 2 birds requires a cage height of 6 feet.
Falconiformes, Strigiformes
	Eagle, Hawkeagle, Vulture		100	150	+50/animal	7	"
	Red-tailed hawk, Grt Horn Owl		64	96	+32/animal	7	"
	Peregrine falcon, Barn owl		48	72	+24/animal	7	"
	Sparrow hawk, Screech owl, Burrowing owl		36	54	+18/animal	6	"

CLASS MAMMALIA--Mammals PRIMATA
	NOTE: The cage size requirement for two primates also meets the cage size requirement for a pair and their progeny under the age of 2 years.

	Gorilla		300	500	+200/animal	8 Ceiling
	Orangutans		200	400	+200/animal	10	"
	Chimpanzees		200	300	+100/animal	8	"
	Baboons		100	200	+100/animal	8	"
	Gibbons, Langurs		100	200	+50/animal	9	"
	Macaques		80	120	+40/animal	8	"
	Woollys, Spiders, Howlers, Sakis, Capuchins		64	96	+32/animal	8	"
	Marmosets		16	24	+8/animal	8	"
	Squirrel, Titis, Owl		36	54	+18/animal	8	"
	Tree Shrew		9	12	+3/animal	3	"

EDENTATA
	Sloth		30	40	+10/animal	8 Ceiling
	Armadillo:
		(less than 15" length)	12	16	+3/animal	1.5	"
		(15" to 36" length)	30	40	+10/animal	3	"
		(greater than 36")	80	100	+20/animal	5	"
	Tamandua		40	50	+10/animal	7	"
	Giant Anteater		200	300	+100/animal	6	"

MARSUPIALIA
	Sm. Opossums		9	12	+3/animal	3	"
	Lg. Opossums		20	30	+10/animal	5	"
	Sm. Wallaby		60	90	+30/animal	5 Fence/Wall
	Lg. Wallaby		200	300	+100/animal	6 Fence/Wall
	Tree Kangaroo		80	100	+20/animal	8 Ceiling
	Lg. Kangaroo		200	300	+100/animal	8 Fence/Wall
	Wallaroo		200	300	+100/animal	6 Fence/Wall

INSECTIVORA
	Hedgehog, Shrew, Mole		3	6	+3/animal	1 Ceiling
DERMOPTERA
	Gliding Lemur		50	65	+15/animal	8	"

CHIROPTERA
	Bats		Use same cage dimensions as comparably sized finches, parrots, or hawks (see bird section).

MONOTREMATA
	Spiny Anteater		25	35	+10/animal	5 Ceiling
	Platypus		(See Monotremata details in subsection (b)(2)(G))

PHOLIDOTA
	Scaly Anteater
		Terrestrial forms	Same as armadillos
		Arboreal forms	Same as sloth

LAGOMORPHA
	Wild Rabbit or Hare		20	28	+8/animal	5 Ceiling

RODENTIA
	Squirrel, Flying		20	40	+10/animal	8	"
	Squirrel, Tree		20	40	+10/animal	8	"
	Squirrel, Ground		20	40	+10/animal	5	"
			(Up to 4 animals may be held in 40 sq. feet)
	Chipmunk		20	30	+10/animal	5	"
			(Up to 3 animals may be held in 30 sq. feet.)
	Prairie Dog (males)		20	30	+10/animal	5	"
	Acushi		20	30	+10/animal	5	"
	Agouti		30	40	+10/animal	5	"
	Paca		30	40	+10/animal	5	"
	Crested Porcupine		40	80	+40/animal	6	"
	N.A. Porcupine		30	40	+10/animal	7	"
	S.A. Porcupine		20	30	+10/animal	7	"
	Muskrat		30	40	+10/animal	6	"
	Beaver		80	120	+40/animal	5	"
	Capybara		100	150	+50/animal	5	"

CARNIVORA
	Canidae
Fennec or Kit Fox			80	100	+40/animal	6 Ceiling
Bat-eared Fox/Arctic Fox			80	100	+40/animal	6	"
Gray Fox			80	100	+40/animal	8	"
Red Fox			80	100	+40/animal	6	"
Jackal			150	200	+100/animal	6	"
Coyote			150	200	+100/animal	6	"
Wolf			200	300	+200/animal	6	"
Cape Hunting Dog			200	300	+100/animal	6	"
	Ursidae
Sun Bear			200	300	+100/animal	8 Ceiling
American Black Bear			300	450	+150/animal	8	"
Asiatic Black Bear			300	450	+150/animal	8	"
Sloth Bear			300	450	+150/animal	8	"
Spectacled Bear			300	450	+150/animal	8	"
Polar Bear			400	600	+200/animal	10	"
Grizzly Bear			400	600	+200/animal	8	"
Russian Brown Bear			300	450	+150/animal	8	"
Kodiak Bear			400	600	+200/animal	10	"
Procyonidae
Kinkajou			40	50	+10/animal	7 Ceiling
Coatimundi			50	60	+10/animal	7	"
Raccoon			60	80	+20/animal	8	"
	Mustelidae
Weasel/Mink/Ferret			30	Up to 4 in 30 sq. feet	+10/animal	6 Ceiling
Tayra			40	50	+10/animal	6	"
Grison			30	40	+10/animal	6	"
Marten			40	50	+10/animal	7	"
Wolverine			100	200	+100/animal	6	"
Spotted Skunk			20	Up to 2 in 20 sq. feet	+10/animal	6	"
Striped Skunk			30	Up to 2 in 30 sq. feet	+10/animal	6	"
Otter			100	200	+100/animal	6	"
Badger			60	80	+30/animal	6	"
	Viverridae
Genet, Civet			40	50	+10/animal	7 Ceiling
Binturong			100	150	+50/animal	8	"
Mongoose			80	100	+40/animal	6	"
	Hyaenidae
Hyena			200	300	+100/animal	6 Ceiling

FELIDAE
	Lion, Tiger, Cheetah, Snow Leopard, and hybrids thereof		300	450	+150/animal	8 Ceiling
	Black & Spotted Leopard, Jaguar, Clouded Leopard, Mountain Lion, European Lynx and hybrids thereof		200	300	+100/animal	8	"
	Caracal, Bobcat, Canada Lynx, Golden Cat, Ocelot, Serval, Jungle Cat, Fishing Cat and hybrids thereof		80	120	+40/animal	8	"
	Margay, Leopard Cat, Pallas Cat, Marble Cat, Geoffroy's Cat, African Wild Cat, European Wild Cat, Jaguarundi, Little Spotted Cat, African Black Footed Cat, Sand Cat, Flatheaded Cat, Pampas Cat and hybrids thereof		60	90	+30/animal	8	"

TUBULIDENTATA
	Aardvark		200	300	+100/animal	6	"

PROBOSCIDEA
	Elephant		1500	3000	+1500/animal	12 Barn height

HYRACOIDEA
	Hyrax		16	20	+4/animal	4 Ceiling

PERISSODACTYLA
	Tapir		300	500	+300/animal	6 Fence/Wall
	Rhinoceros		1500	3000	+1500/animal	5 Fence/Wall
	Wild Ass		900	1300	+400/animal	6 Fence/Wall

ARTIODACTYLA
	Peccary		100	150	+50/animal	4 Fence/Wall
	Wild Pig		150	200	+50/animal	4 Fence/Wall
	Pigmy Hippopotamus		700	1000	+300/animal	6 Fence/Wall
	Hippopotamus		1500	3000	+1500/animal	7 Fence/Wall
	Giraffe		1500	3000	+1500/animal	18 Barn height
	(The following Artiodactyla may have a 6 foot fence if the facility's perimeter fence is 8 foot.)
	White-tailed Deer		600	800	+200/animal	8	"
	Fallow Deer		600	800	+200/animal	8	"
	Elk/Red Deer		1000	1400	+400/animal	8	"
	Bison, European		1000	1400	+400/animal	6	"
	Buffalo		1000	1400	+400/animal	6	"
	Impala, Eland		1000	1400	+400/animal	8	"
	Other Antelope		600	800	+200/animal	6	"
	Aoudad		600	800	+200/animal	6	"
	Wild Goats & Sheep		600	800	+200/animal	6	"

(b) Specific Housing Requirements. Permittees shall comply with the following provisions except that material or construction may be substituted upon approval of the inspecting officer if the permittee produces written certification from a licensed civil or structural engineer that the material and/or construction is of equivalent strength.

(1) Class Aves--Birds

All birds, except indigenous birds and birds in the Orders Falconiformes and Strigiformes, listed in Section 671 shall be housed in cages having double doors so constructed that the exterior door must be closed before the interior door can be opened. Each door or gate shall be secured by a lock. Perches shall be large enough in diameter so that the bird's claws do not meet the toe or pad on the underside of the perch.

(A) Orders Falconiformes and Strigiformes. Noncompatible raptors shall be housed separately unless tethered. Birds of these orders held pursuant to a falconry license shall be maintained in accordance with Section 670, Title 14, CCR. Tethered raptors shall be provided with a perch designed for individual species of raptors. Tethered raptors shall be protected from predators and shall be provided with water for drinking and bathing. Tethers shall be constructed to allow the bird freedom of normal movement without becoming tangled; such tethers shall be of equal length (one on each leg). Raptors shall not be tethered continuously unless they are being flown on a daily basis or they are incapable of flying.

(2) Class Mammalia

(A) Order Primates

1. A shelter or a den box shall be provided. All primates shall be provided with natural or artificial sunlight.

2. Nocturnal primates shall be provided with privacy during their daytime hours.

3. Nest boxes shall be provided for species that use them (e.g., tamarins, marmosets, owl monkeys). Raised perches and roost sites shall be provided for arboreal or semi-arboreal species.

4. For brachiating species (gibbons and spider monkeys), sufficient vertical space must be provided for this activity which means perches shall be above the floor at a height that is at least equivalent to twice the length of an adult. The ceiling shall be high enough to allow room for the animal to stand erect on its perch with arms extended overhead.

5. Primates shall be provided with objects or exercise systems appropriate to the age and species to promote physical and psychological well-being. These may include sturdy ropes, bars, branches, and chains and rings.

6. New World Monkeys such as squirrel, titis, and owl, medium and large South American monkeys, such as spiders, woollys, howlers, capuchins, and sakis held prior to August 3, 1989 may be kept in the currently approved housing so that the prior social structure and environment of those animals may be maintained. All other housing requirements shall pertain to these animals.

7. Apes:

a. Gorilla, Orangutan and Chimpanzee

(i) The walls and top of the cage shall be constructed of either 6-inch reinforced concrete; or 8-inch reinforced concrete block; or 5/8 -inch diameter steel bars spaced on not greater than 4-inch centers and welded to horizontal angle iron bars 1- 1/4 inches x 1/4 -inch thick which are spaced no greater than 3 feet apart; or 6-gauge chain link or welded wire attached to 1- 5/8 -inch schedule 40 steel pipe spaced on 5-foot centers with vertical bracing of 1- 5/8 -inch schedule 40 steel pipe spaced on 4-foot centers. The horizontal angle iron bars shall be welded to the corner posts. The bottom horizontal bar shall be no more than 3 inches above a concrete floor or footing. Welded wire shall be welded to the framework every foot. Chain link fencing shall be secured along all edges to the framework using tension bars which shall be bolted, not welded, to the framework at 12 inch intervals. All bolt attachments shall be further secured by spot welding. Walls shall be secured to a concrete footing deep enough below grade to preclude escape by digging. The framework for the walls and top of the cage shall be made of 1- 5/8 inch outside diameter structural weight galvanized steel pipe or equivalent. Vertical support shall be set 2- 1/2 feet in concrete.

(ii) Corner posts shall be either one 2- 3/8 inch steel pipe or two 1- 5/8 inch schedule 40 steel pipes bolted together with 3/8 inch steel bolts or equivalent.

b. Gibbon

(i) Construction shall be 9 gauge chain link or welded wire or equivalent.

8. Old World Monkeys

a. Baboon, mandrill, macaque, quenon, mangabey, langur, etc.

(i) 9 gauge wire or concrete construction.

9. New World Monkeys

a. Marmoset, squirrel, titis, owl and other similar-sized Monkeys.

(i) Cage mesh no greater than 1" x 2".

b. Spider, woolly, howler, capuchin, saki, other medium and large sized South American monkeys, etc.

(i) 11 gauge wire or concrete construction.

(B) Order Edentata--Sloth, Anteater, Armadillo, etc.

1. The floor of the pen shall be at least 50% natural substrate. The walls of the pen shall be secured to a concrete footing or, if they are constructed of 11 gauge non-rusting chain link or welded wire, they shall be buried in the dirt deep enough to prevent escape by digging.

2. The pens for sloths may have a concrete floor and shall have limbs for climbing. One limb shall provide them an opportunity to get to a heat source.

(C) Order Marsupialia--Marsupial or Pouched Animal

1. The floor of the cage shall either be constructed of wood, or it shall be natural substrate. The surface of the paddock shall be natural substrate. Walls of the cage shall be secured to buried concrete or, if walls are constructed of 11 gauge non-rusting chain link or welded wire, they shall be buried in the dirt deep enough to prevent escape by digging.

2. Tree kangaroos and other arboreal marsupials shall be provided with limbs for perching, climbing and resting, a raised nest box or similar structure for seclusion and a heat source.

3. Kangaroos and wallabies shall be provided with a refuge area.

(D) Order Insectivora--Shrew, Mole, Hedgehog, etc.

1. The bottom of the cage shall be dirt, wood shavings or similar material over an escape-proof flooring.

2. A hide box or other refuge and protection from strong light are required.

(E) Order Dermoptera--Gliding Lemur

1. Limbs for perching and climbing and a rectangular cage are required.

(F) Order Chiroptera--Bat

1. Perching or other material shall be provided for the animal to suspend itself.

2 Protection from strong light shall be provided.

(G) Order Monotremata--Spiny Anteater, Platypus.

1. The floor of the cage shall be natural substrate. The walls of the cage shall be constructed of 11 gauge non-rusting chain link or welded wire, secured to buried concrete, or they shall be buried at least one foot below the surface.

2. Nest boxes with dry bedding or a natural burrow shall be provided for spiny anteaters. A heat source shall be provided.

3. A pool measuring at least 4 times the length of the animal(s) by 1- 1/2 times the width of the animal by 2-feet deep shall be provided for platypuses for swimming and feeding. Each adult shall be provided with a dry land area equal to the surface area of the pool.

4. Platypuses require at least a 6-foot long, tunnel-like entrance to the nest box where water from the pool can be shed.

5. Platypuses shall be kept singly with young or paired only when breeding.

(H) Order Pholidota--Pangolin, Scaly Anteater

1. The floor of the cage shall be natural substrate or 4 inch concrete covered with permeable soil. The walls of the cage shall be constructed of 11 gauge non-rusting chain link or welded wire, secured to buried concrete, or they shall be buried at least one foot below the surface.

(I) Order Lagomorpha--Rabbit and Hare

All require tooth-resistant restraining materials and bone, wood or fibrous food to gnaw on.

1. The floor of a pen shall be constructed of concrete at least 2 inches thick or of 16 gauge non-rusting chain link or welded wire. Dirt or wood may be placed over the flooring.

(J) Order Rodentia--Muskrats, Porcupine, Squirrel, Beaver, Prairie Dog

All require tooth-resistant restraining materials and bone, wood or fibrous food to gnaw on.

1. Porcupine

a. New World porcupines require climbing perches.

b. A box shelter for seclusion is required.

2. Squirrel and Chipmunk

a. Arboreal forms require climbing perches.

b. Nest boxes are required for each animal.

c. The cage shall be completely enclosed with a welded wire and have a concrete floor.

d. The floor shall be covered with natural substrate, wood shavings or similar material.

3. Muskrat and Beaver

a. A pool of fresh water with easy entry and exit shall be provided. Half of the required floor space shall be a pool of water 2- 1/2 feet deep.

b. A nest box or retreat shall be provided for each animal.

c. The walls of the cages for beaver shall be constructed of 9 gauge chain link or welded wire or equivalent construction; 11 gauge for muskrats.

d. The floor of the cages shall be constructed of 4-inch concrete or non-rusting 9 gauge chain link or welded steel wire. Such floors are not required if the side walls are anchored to equivalent materials which have been buried deep enough underground to prevent the animal's escape by digging.

e. Not more than 2 compatible adults of the same species and their offspring of the year may be held in the same enclosure.

4. Prairie Dog

a. The floor of a pen shall be constructed of 4-inch concrete, or 16 gauge, non-rusting woven wire or similar non-rusting material with mesh 1-inch in diameter. At least 1/4 -inch diameter reinforcement rods shall be used along the outer edge of a concrete floor to help support concrete or concrete block walls. To facilitate drainage, 6-inch floor drains shall be installed in a concrete floor at the rate of one per 16 square feet. Floor drains shall be covered with 9 gauge non-rusting woven wire or similar material to prevent animals from escaping. Floor drains are not required when wire is used for entire floor. The floor shall be a minimum of 3 feet below ground level and covered with permeable soil or other mixture to ensure adequate drainage.

b. The walls of the pen below ground level shall be anchored to the floor and shall be of 4 inch concrete or concrete blocks or 9 gauge non-rusting woven wire or similar material with 1-inch mesh attached to the framework of steel or cedar posts. Above ground level the wall shall be of 18 gauge fur-farm netting with 1-inch mesh, 4-inch concrete or concrete blocks or similar material. The top shall be covered or the walls shall be at least 3- 1/2 feet high and provide a non-climbable escape-proof barrier.

5. Acushi, Agouti, Paca and Capybara

a. Gnawing logs shall be provided.

b. A pool shall be provided for capybara.

c. Walls or fencing shall be anchored far enough below ground level to prevent escape by digging. Dirt substrate or similar natural material shall be provided.

(K) Order Carnivora--Raccoon, Weasel, Skunk, Mongoose, Wolf, Lion, Bear, etc.

1. Procyonidae--Raccoon, Coatimundi and Kinkajou

a. Limbs shall be required.

b. A nest box or sheltered retreat shall be provided.

c. The floor of the pen shall be constructed of 4-inch concrete, wood, or natural substrate over concrete or 9 gauge non-rusting chain link or similar material, or the walls shall be buried deep enough to prevent escape by digging.

d. The walls of the pen shall be constructed of 11 gauge chain link or equivalent, 4-inch concrete or concrete block. If no top is provided, the walls shall be of sufficient height and shall be constructed in a manner which makes them non-climbable to prevent escape.

2. Mustelidae

a. Weasel, Ferret, Mink, Marten, Tayra, Grison, and Skunk

(i) Limbs shall be required (except skunk).

(ii) A nest box shall be provided for each animal, except neutered European ferrets may have a large communal nest box.

(iii) The floor of the cage shall be constructed of one inch square or one inch by two inch mesh, 4-inch concrete, wood, 11 gauge non-rusting chain link or equivalent material with a covering of dirt or similar natural substrate.

b. Wolverine and Badger

(i) A natural or artificial den area shall be provided for each animal.

(ii) The floor of the cage shall be constructed of two inch by six inch wood or 4-inch concrete or non-rusting 9 gauge chain link or welded wire covered with 3 feet of permeable soil. Six-inch floor drains shall be installed in the concrete floor at the rate of one per 16 square feet. Floor drains shall be covered with 9 gauge non-rusting woven wire or similar material to prevent animals from escaping.

(iii) Walls of the cage shall be constructed of 9 gauge chain link or welded steel wire, 4-inch concrete, or concrete block. If no top is provided, walls shall be of sufficient height and shall be constructed in a manner which makes them non-climbable to prevent escape.

c. River Otter. (Sea otters shall be housed according to 9 CFR Sections 3.100-3.118.)

(i) A den area shall be provided for each animal.

(ii) A pool with fresh running water covering at least 1/2 of the required floor space and at least 2- 1/2 feet deep shall be provided.

(iii) The floor of the cage shall be constructed of 4 inch concrete or dirt over such concrete or 9 gauge chain link or welded steel wire or the side walls shall be anchored to equal materials deep enough underground to prevent escape by digging. If concrete floor is used, 6 inch floor drains shall be used and they shall be covered with 9 gauge non-rusting woven wire or similar material to prevent animals from escaping.

(iv) The walls of the cage shall be constructed of 11 gauge chain link or welded steel fabric or equivalent construction.

3. Viverridae--Genet, Civet and Mongoose, Binturong

a. Limbs shall be provided.

b. A nest box or platform is required. A heat source shall be provided for genet, civet and mongoose.

c. The floor of the cage shall be constructed of 4-inch concrete or for civets and binturongs, it may be 11 gauge non- rusting welded steel fabric with 2-inch mesh and the cage for genets and mongooses shall be of 16 gauge welded steel fabric with 3/4 -inch mesh which is covered with soil.

d. The walls of the cage for civets and binturongs shall be of 11 gauge welded steel fabric with 2-inch mesh and the cage for genets and mongooses shall be of 16 gauge welded steel fabric with 3/4 -inch mesh, 4-inch concrete or concrete block.

4. Hyaenidae--Hyena

a. The floor of the cage shall be constructed of 4-inch concrete, or 2 by 6 inch or larger wood flooring or buried non-rusting 9 gauge chain link or welded wire with mesh no larger than 2 inches by 4 inches.

b. The walls of the cage shall be constructed of 9 gauge chain link or welded wire with mesh no larger than 2 inches by 4 inches, or 6-inch concrete or concrete block. If an animal is kept in a large enclosure in lieu of a cage, the floor shall be of natural substrate and the walls shall be anchored and extend at least 5 feet underground. If no top is provided, the walls shall be at least 10 feet high and constructed to be non-climbable by the animal or the walls shall be 8 feet high and shall have, in addition, a 2-foot overhang angling 45 degrees inward at the top.

c. A sheltered retreat and either a den or elevated wood platform shall be provided.

5. Canidae--Wolf, Coyote, Fox and Other Members of the Dog Family

a. Limbs shall be provided for gray and red foxes.

b. The floor of the cage shall be either natural substrate or constructed of two inch by six inch wood or 4-inch concrete or buried non-rusting 9 gauge chain link or welded wire. In lieu of the above, either the walls shall be buried at least 8 feet deep to prevent escape by digging, or a buried 3-foot wide concrete, chain link, or welded wire apron shall be provided which shall be attached to the inside of the bottom of the perimeter walls to prevent escape by digging at the walls. All buried chain link or welded wire shall meet the gauge requirements for walls.

c. The walls of the cage shall be constructed of 6-inch concrete or concrete block, chain link or welded wire. If chain link is used, it shall be 9 gauge for wolves and 11 gauge for other canids. If an animal is kept in a large enclosure in lieu of a cage, the floor shall be of natural substrate and the walls of the cage shall be anchored and extend at least 5 feet underground or a buried 3-foot wide concrete, chain link or welded wire apron shall be provided which shall be attached to the inside of the bottom of the perimeter walls to prevent escape by digging at the walls. If no top is provided, the walls shall be at least 10 feet high and constructed to be non-climbable by the animal or the walls shall be 6 feet high (except that the walls for the gray fox shall be 8 feet high) and shall have, in addition, a 2-foot overhang angling 45 degrees inward at the top.

d. A sheltered retreat and either a den or elevated wood platform shall be provided.

6. Felidae--Cat Family

a. Dens shall be provided and shall be adequate in size to provide privacy and comfort for all animals in the enclosure.

b. An elevated wooden loafing platform or an elevated dry natural substrate loafing area, adequate in size for all animals within the enclosure, shall be provided. The top of the den or den box may be designed to meet this requirement.

c. A tree limb or other suitable scratch block shall be provided.

d. The floor of the cage shall be natural substrate or constructed of wood or 4 inches of concrete or welded wire or the walls shall be buried deep enough to prevent escape by digging. All buried chain link or welded wire shall be non-rusting and shall meet the gauge requirements for walls.

e. Group I--Lion, Tiger, Cheetah, Snow Leopard, and Hybrids Thereof:

(i) A minimum of 100 square feet shall be of concrete or wood planking as a sanitary area for feeding unless a secured food receptacle which is cleaned daily is provided.

(ii) Walls and top of the enclosure shall be constructed of at least 9 gauge chain link. The framework for the walls and top shall be constructed of 1- 5/8 inch schedule 40 steel pipe. Vertical posts shall be bolted to or anchored in concrete 1- 1/2 feet deep by 10 inches in diameter spaced no more than 10 feet apart. Horizontal pipe supports shall be spaced no more than 4 feet apart and welded at the ends to the vertical posts. The above chain link fencing shall be secured to the vertical and horizontal framing on all sides using tension bars which shall be welded or bolted to the framework every 18 inches. Welded wire shall be welded to the framework every 12 inches on all sides. The bottom horizontal cross bar shall be no more than 3 inches above the concrete floor. If a bottom horizontal cross bar is not used, the walls shall be secured against the natural substrate or a wooden flooring in a manner which precludes escape. Corner posts shall be two 1- 5/8 -inch schedule 40 steel posts or one 2- 3/8 -inch schedule 40 steel post. The top cross members shall be spaced no more than 5 feet apart.

f. Group II--Black and Spotted Leopard, Jaguar, Clouded Leopard, Mountain Lion, European Lynx and Hybrids Thereof:

(i) At least 70 square feet of the floor space must be of concrete or wood planking as a sanitary area for feeding unless a secured food receptacle which is cleaned daily is provided.

(ii) Walls and tops shall be the same as for Group I cats.

g. Group III--Caracal, Bobcat, Canada Lynx, Golden Cat, Ocelot, Serval, Jungle Cat, Fishing Cat and Hybrids Thereof:

(i) At least 25 square feet of floor space shall be concrete or wood planking as a sanitary area for feeding, unless a secured food receptacle which is cleaned daily is provided.

(ii) Walls and top of the enclosure shall be constructed of at least 12 gauge chain link or equivalent. Corner posts shall be either one 2- 3/8 -inch schedule 40 steel pipe or two 1- 5/8 -inch schedule 40 steel pipes and anchored as provided for Group I cats.

h. Group IV--Margay, Leopard Cat, Pallas Cat, Marble Cat, Geoffroy's Cat, African Wild Cat, European Wild Cat, Jaguarundi, Little Spotted Cat, African Black Footed Cat, Sand Cat, Flatheaded Cat, Pampas Cat and Hybrids Thereof:

(i) At least 20 square feet of floor space shall be concrete or wood planking as a sanitary area for feeding, unless a secured food receptacle which is cleaned daily is provided.

(ii) Wall and top of the enclosure shall be constructed of at least 12 gauge chain link or equivalent. Corner posts shall be either one 2- 3/8 -inch schedule 40 steel pipe or two 1- 5/8 -inch schedule 40 steel pipes and anchored as provided for Group I cats.

7. Ursidae-Bear Family

Bears shall be classified into 3 groups: Group I= Sun Bears, Asiatic Black bears, Sloth bears and Spectacled bears; Group II= American Black bears and European brown bears; and Group III= Polar bears and Brown bears.

(i) Floors of the enclosure shall be constructed of reinforced concrete 4 inches thick or they shall be of natural substrate or wood with the walls secured to a concrete footing deep enough below grade to preclude escape by digging (at least 5 feet for Group III).

(ii) Vertical corner posts shall be made of either one 2- 3/8 - inch schedule 40 steel pipe or two 1- 5/8 -inch schedule 40 steel pipe. Other vertical, horizontal, and top cross member supports shall be made of 1- 5/8 -inch schedule 40 steel pipe for Group I and 1- 7/8 -inch schedule 40 steel pipe for Groups II and III. All horizontal pipe supports shall be spaced no more than 5 feet apart for any group. The bottom horizontal pipe shall be no more than 3 inches above the concrete floor.

(iii) The framework for the walls and top of the cage shall be constructed of materials that are equal or greater in strength than the corner posts with all upright members set 2- 1/2 feet in concrete and spaced no more than 10 feet apart for Group I and II or 5 feet apart for Group III. The cross members (stringers) forming the framework for the top shall be spaced no more than 5 feet apart for any group. Iron pipe shall be standard grade for Groups I and II and structural strength grade for Group III.

(iv) For groups I and II the walls of the cage shall be constructed of 9 gauge chain link or welded wire with mesh no greater than 2 inches in diameter. For Group III bears the walls of the cage shall be constructed of 5 gauge chain link or welded wire. Welded wire shall be welded to the framework every 4 inches.

Chain link fencing shall be secured along all edges to the framework using tension bars which shall be bolted to the framework every foot. The walls of the cage for groups I, II and III bears may also be constructed of vertical steel bars or rods of 5/8 -inch diameter, spaced on 4-inch centers, and welded at the ends to 1- 1/4 inch x 1/4 -inch angle iron.

The horizontal angle iron supports shall be welded to the vertical posts. The bottom horizontal support shall be no more than 3 inches above the concrete floor and each horizontal support shall be spaced no more than 4 feet apart between floor and top.

(v) The top of the cage shall be constructed of material equal to the wall requirements for the particular group of bears enclosed. Shade shall be provided by covering 1/4 to 1/2 of the top with exterior grade plywood, fiberglass, or similar material.

(vi) A concrete or concrete block den at least 4 feet high by 4 feet wide by 6 feet long or an equivalent shall be provided for each animal; or one den at least 4 feet high by 6 feet wide by 8 feet long for 2 animals or for a female and her offspring of the year. The top of the den shall be constructed of concrete which may be covered on top with wood for laying. A den shall be provided with shavings, straw, or a wooden platform or flooring for reclining. The den shall be provided with adequate ventilation to prevent condensation of moisture. The den box may be of wood if the den is completely within the cage.

(vii) A bear shall be provided with a suitable scratching post.

(viii) A pool deep enough for complete immersion shall be required for polar bears and the pool surface area shall be in addition to the minimum cage size requirement.

(L) Order Tubulidentata-Aardvarks

1. The floor of the cage shall be dirt. The walls of the cage shall be constructed of 9 gauge non-rusting welded wire or concrete which has been buried to a depth of at least 5 feet to prevent escape by digging.

(M) Order Proboscidea-Elephant

1. A heated barn shall be provided in any geographical area where the ambient air temperature drops below 40 degrees Fahrenheit. The floor of the barn shall be constructed of at least 6 inches of reinforced concrete. All lights and other such objects and obstacles in the barn shall be kept outside the reach of the elephant.

2. Elephants shall be provided free exercise unchained on dirt for a minimum of 5 hours per each 24-hour period.

3. An enclosure constructed of 6-inch reinforced concrete, 2- inch diameter steel bars or 4-inch diameter schedule 40 galvanized steel pipe shall be provided. No roof is required.

4. Chaining requirements:

a. Chains shall be secured to a concrete floor, concrete "dead man," or other immovable anchor.

b. A covered chaining area shall be provided.

c. An elephant may be chained by only one rear leg and the opposite front leg and in such a manner as to restrict movement but still allow the animal to easily lay down and rise again. Chains shall be rotated to the other 2 legs daily.

d. Elephants chained for any extended period shall have their leg chains padded and shall be checked regularly to insure they are secure and to detect any injury to the leg.

e. Snaps and clips may be used only within a primary enclosure. A clevis or stronger type chain attachment shall be used outside the primary enclosure.

5. Either a pool shall be provided or the elephant shall be washed with water daily, as weather or temperature permit.

(N) Order Hyracoidea--Hyrax

1. Limbs shall be provided for arboreal species.

2. Nest box or sheltered retreat shall be provided.

3. The floor of the cage shall be constructed of 4 inch concrete which shall be covered with dirt or natural substrate.

4. The walls of the cage shall be constructed of 1/2 inch by 1 inch mesh welded wire.

(O) Order Sirenia--Dugongs and Manatees--These animals shall be maintained in a manner that complies with 50 CFR, Part 18, Section 18.13(c).

(P) Order Perissodactyla--Tapirs, Rhinoceroses, etc.

1. The floor of the pen shall be dirt or natural substrate.

2. The walls of the pen for tapirs shall be constructed of 9 gauge chain link, or equivalent material. The walls of the enclosure for rhinoceroses shall be constructed of 6-inch reinforced concrete, 2 inch diameter steel bars, or 6-inch heavy duty galvanized steep pipe.

(Q) Order Artiodactyla--Wild Pigs, Hippopotami, Deer, Giraffes, Wild Cattle, Antelope, etc.

1. Wild Pigs and Peccaries

a. A shelter with a roof and three walls shall be provided.

b. The floor of the pen shall be dirt or natural substrate.

c. The animals shall be precluded from escape by digging.

2. Hippopotami

a. A heated barn shall be provided in any geographical area where the ambient air temperature drops below 40 degrees Fahrenheit.

b. A pool shall be provided for the Nile hippopotamus which shall have surface area of at least 300 square feet and a 35-degree nonskid ramp. The pool shall be not less than 5 feet deep. For each additional animal there shall be a 25% increase in the required pool area.

c. A pool shall be provided for the pygmy hippopotamus which shall have a surface area of at least 100 square feet with a 35-degree nonskid ramp. The pool shall be not less than 3 feet deep. For each additional animal there shall be a 25% increase in the required pool area.

d. The walls of the corral or paddock enclosure shall be constructed of 5-inch reinforced concrete or 5-inch structural grade schedule 40 galvanized steel pipe.

3. Deer, Elk, Giraffes, Wild Cattle, Antelope, and Wild Goats and Sheep.

a. The floor of the pen shall be dirt or other natural substrate.

b. All animals shall be provided with a shelter which has a roof and three walls.

Shelters for giraffes shall provide at least 140 square feet of floor space for each giraffe. A heat source shall be provided for giraffes.

c. Fences for giraffe, elk and wild cattle shall be constructed of 9 gauge woven wire or chain link with mesh not more than 6 inches in diameter or equivalent. Posts shall be of structural grade schedule 40 quality steel pipe or structurally sound 4 x 4 wood, spaced not more than 12 feet apart. A 6-foot vertical fence, with or without overhang, shall be required; a 7-foot vertical fence is required for elk.

d. Fences for deer, antelope and wild goats and sheep shall be constructed of 11 gauge woven wire with mesh not more than 6 inches in diameter or equivalent. Posts shall be of structurally sound 4x4 wood or equivalent, spaced not more than 12 feet apart. A 7-foot vertical fence is required for elk, red deer, bison, buffalo, impala, eland, antelope, goats and sheep; a 6-foot vertical fence is required for white-tailed deer, fallow deer, auodad and sika deer.

(3) Class Amphibia--Frogs, Toads, Salamanders

(A) General Requirements:

1. The animal's enclosure shall be kept within a closed and locked room or building which has covers over all drains and openings to prevent escape of the amphibians from the building. All doors shall be equipped with sweeps. Containers or exhibits shall be labeled with the identification of current species and the number of animals contained inside.

2. The rock or aquarium substrate shall be non-abrasive and shall be kept clean.

3. Any transfer containers shall have locked tops and shall be constructed in a manner which shall prevent the likelihood of escape.

(B) Family Bufonidae

1. One ten-gallon standard commercial aquarium shall be provided for one animal and an additional three-fourths of a square foot (equivalent to one 5 gallon aquarium) shall be provided for each additional animal.

2. At least one-third of the bottom of the aquarium shall be covered with water and two-thirds shall be dry.

3. Animals shall be kept at a temperature of between 60-80 degrees Fahrenheit.

(C) Family Pipidae

1. One 10 gallon standard commercial aquarium shall be provided for one animal. The minimum floor space requirement shall be increased by 50 percent for each additional animal. Water at a minimum depth of 1 foot shall cover at least the minimum floor space requirement for the number of animals confined.

2. Animals shall be confined at a temperature of between 60-80 degrees Fahrenheit.

(4) Class Reptilia

(A) Order Crocodilia--Alligators, Caimans, Crocodiles, Gavials

1. The minimum cage length and width dimensions for one animal shall be equal to one and one-half times the length of the animal by one and one-half times the length of the animal. This space requirement shall be doubled for two animals and shall be increased by a factor of two-thirds for each additional animal thereafter.

2. One-third of the minimum cage space shall be water that is deep enough for the animal to immerse itself. If more than one animal is present in the pen, the pool shall be of sufficient size that all animals can immerse themselves simultaneously. Pool surfaces shall be made of non-abrasive material and the pool shall have a drain.

3. That portion of the pen not occupied by the pool shall be covered with non-abrasive material such as dirt or grass.

4. Crocodilians, except alligators and caimans less than 4 feet in length, shall be kept in a totally enclosed building or exhibit. Animals shall be confined in a manner which precludes their coming in contact with the public. The walls of an open pen for other crocodilians shall be equivalent to at least one foot in height for every one foot in length of the largest animal up to a maximum of 6 feet high. If any of the walls are made of a climbable material such as fencing, the top 1- 1/2 feet of the wall shall be constructed of a slippery, nonclimbable material for all crocodilians except alligators. The walls for all species shall be buried deep enough to prevent escape by digging, or a buried apron shall be used. The walls of an open alligator pen shall be at least 4 feet high, and the corners shall be covered to prevent climbing. The upper one-half of the walls of the enclosure shall be constructed of either concrete or concrete block or 9 gauge chain link or welded wire with no greater than 2-inch x 4-inch size mesh. Concrete or concrete block shall be used for the bottom half of the enclosure. All chain link or welded wire edges shall be smoothly secured in a manner which will prevent injury to the animals.

5. Alligators may be kept outdoors if:

a. An external heat source is provided, and the pool temperature is maintained above freezing;

b. The pool is at least three feet deep; and

c. The nighttime temperature does not fall below freezing for more than 2 consecutive nights.

6. Crocodilians other than alligators may be confined outdoors between sunrise and sunset if:

a. The air temperature is above 65 degrees Fahrenheit.

7. Crocodilians other than alligators shall not be confined outdoors between sunset and sunrise.

(B) Family Chelydridae--Snapping turtles

1. The container or exhibit shall be labeled with the common and scientific name of the species and the subspecies, if known, and the number of animals contained inside.

2. Each turtle shall be provided with a minimum floor space that is equal to five times the size of the animal.

3. At least one-half of the minimum floor space shall be water which is deep enough to immerse the turtle.

(C) Snakes--Families Elapidae, Viperidae, Colubridae and Crotalidae

1. The container or exhibit for venomous snakes shall be labeled with the common and scientific name of the species and the subspecies, if known, and the number of animals contained inside. The label shall be legibly marked with the warning "Poisonous" or "Venomous."

2. The perimeter of the enclosure for snakes less than 6 feet shall be 1- 1/2 times the length of the snake. The perimeter of the enclosure for snakes over 6 feet shall be twice the length of the snake.

3. All venomous snakes shall be kept in a locked exhibit or container which shall be located within a locked building, compound or enclosure.

4. The floor of the enclosure shall be constructed of non-abrasive material and hiding areas shall be provided.

5. At least two fully trained people shall be present when an occupied enclosure is opened or when one of these snakes is handled. The names of the trained handlers shall be listed with the department's Wildlife Protection Division in Sacramento.

6. Written animal escape "emergency procedures" shall be clearly and conspicuously posted in the building housing these snakes and shall be supplied to the department at the time the permit application is initially submitted.

7. A notice shall be clearly and conspicuously posted on the premises which shall provide the location of the nearest most readily available source of appropriate antivenin and a written plan from a hospital stating how a venomous bite should be treated. Each enclosure shall be clearly and conspicuously labeled with the appropriate antivenin to be used for the species in the cage.

8. If a snake is transported or removed from its primary enclosure for feeding or in order to clean the enclosure, the snake shall be kept in a fully enclosed container with a secure and locked lid which has air holes or other means of ventilation.

9. Snake hooks shall be present for caring for these snakes.

10. The permittee shall telephonically notify the department of any snake bite on humans or escapes of any snakes within 24 hours and shall provide a written report of the incident to the department's Wildlife Protection Division in Sacramento within one week.

(5) All other Classes, Orders, Families, Genera and species for which specific caging and/or enclosure requirements have not been provided in sections (b)(1)-(4) above shall be humanely confined in a manner which precludes escape.

(c) Incorporation by reference of the Federal Animal Welfare Regulations and Federal "Guide for the Care and Use of Laboratory Animals." Except as otherwise provided in subsections (a) and (b) above, permittees shall follow the requirements of the Federal Animal Welfare Regulations contained in 9 Code of Federal Regulations (CFR), Sections 2.33; 2.40; 3.75-3.85; 3.101(a)(3); and 3.136-3.142, as amended from time to time, as the United States Department of Agriculture adopts regulations pursuant to the Laboratory Animal Welfare Act and its Amendments as found at 7 United States Code (USC), Sections 2131-2157. The Commission hereby incorporates by reference the cited Federal Animal Welfare Regulations and the "Guide for the Care and Use of Laboratory Animals," (NIH Publication No. 86-23, Revised 1985) as if they were set out in full.

(d) Variances to Minimum Caging and Enclosure Requirements.

(1) The general requirements set forth in subsections (a) and (b) above are minimum standards for permanent facilities. Any deviation from these specifications because of the age of the animal being housed, the use of an unusual facility design, such as moats, islands, outdoor natural habitat enclosures, pits or barriers shall be subject to the approval of the inspecting officer with concurrence of the director. In granting any variance of the minimum caging and enclosure requirements, the inspecting officer and the director shall make a finding that the overall welfare of the animal(s) involved has been maintained.

(2) Those cat cages which substantially conform to the provisions of Section 671.3(b)(2)(K)6 on or before August 3, 1989, shall be "grandfathered in." Existing cages, except currently approved cat cages, will be given three calendar years or until February 25, 1995 to comply with the new caging requirement set forth herein. The department may approve nonstandard cages on a case by case basis, if they substantially conform to the spatial requirements. The Regional Manager shall make a recommendation to the Chief of Patrol who will make the department's final decision. The department's final decision may be appealed to the commission.

(3) These minimum facility and caging standards do not apply to wildlife temporarily maintained pursuant to Section 251.5(f) as provided by Fish and Game Code Section 3005.5.

(e) Care of Laboratory Animals. With the approval of the department, prohibited wild animals used for research purposes may be confined and cared for pursuant to the provisions of the "Guide for the Care and Use of Laboratory Animals" adopted by the U.S. Department of Health and Human Services (NIH Publication No. 86-23, Revised 1985).

(f) Regulations Manual. The facility and caging requirements specific to animals that may be lawfully possessed are provided in the DEPARTMENT OF FISH AND GAME MANUAL 671 (2/25/92)-IMPORTATION, TRANSPORTATION AND POSSESSION OF WILD ANIMALS, which is incorporated by reference herein. Copies are available from the department's Wildlife Protection Division, 1416 Ninth Street, Box 944209, Sacramento, CA 94244-2090. Facility and caging regulations of subsection 671.3(b) contained in DEPARTMENT OF FISH AND GAME MANUAL 671 (2/25/92) are hereby adopted and made part of this Title 14 and are thus incorporated by reference.

Cal. Code Regs. Tit. 14, § 671.3

1. Amendment filed 1-24-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 4).
2. Amendment filed 5-11-79; effective thirtieth day thereafter (Register 79, No. 19).
3. Amendment of NOTE filed 7-16-81; effective thirtieth day thereafter (Register 81, No. 29).
4. Editorial correction of NOTE filed 9-20-85; effective thirtieth day thereafter (Register 85, No. 38).
5. Renumbering and amendment of former section 671.3 to section 671.5 and new section filed 2-26-92; operative 2-26-92 (Register 92, No. 13).

Note: Authority cited: 1002, 2116, 2116.5, 2118, 2120, 2122, 3005.9 and 3005.92 Fish and Game Code. Reference: 1102, 2116-2118, 2118.2, 2118.4, 2119-2155, 2185-2190, 3005.9 and 3005.92, Fish and Game Code.