ferret legalization for California

The Administrative Procedure Act (APA) establishes rulemaking procedures and standards for state agencies in California. The requirements set forth in the APA are designed to provide the public with a meaningful opportunity to participate in the adoption of state regulations and to ensure that regulations are clear, necessary and legally valid. The APA is found in the California Government Code, section 11340 et seq. State regulations must also be adopted in compliance with regulations adopted by OAL (see California Code of Regulations, Title 1, sections 1-280).

Administrative Procedure Act

The Administrative Procedure Act (APA) contains the statutes governing the rulemaking process. These statutes are found in Chapter 3.5 of the Government Code, section 11340 et seq. and can be found here: Administrative Procedure Act

Our Efforts Under the Administrative Procedure Act (APA)

At LegalizeFerrets.org, we are committed to challenging California’s outdated classification of domestic ferrets as “wild and detrimental” animals. To do so, we are leveraging the Administrative Procedure Act (APA) to ensure the issue receives a fair, transparent, and legally valid review.

Why This Matters for Ferrets

The California Fish and Game Commission has classified domestic ferrets as wild and detrimental without conducting proper research or holding public hearings. This classification, which dates back to the 1930s, has never been substantiated by evidence or subjected to the APA’s rigorous review process. When we approached the Office of Administrative Law (OAL) to challenge this outdated regulation, we were informed that the appropriate course of action was to file our petition through the California Fish and Game Commission. This procedural step underscores the need for agencies to follow APA standards, which require public participation, transparency, and evidence-based rulemaking.

Our Goals Under the APA

By invoking the APA, we are not simply seeking reclassification of ferrets—we are demanding a reexamination of the issue through the proper legal channels. Our efforts include:

Petition Submission: We filed a petition under the APA to require the Fish and Game Commission to reexamine the ferret ban with full transparency.
Public Participation: The APA mandates public hearings and the opportunity for stakeholders to present evidence and testimony, which have never occurred for this regulation.
Accountability: We aim to hold Fish and Game accountable for meeting the legal standards required under the APA, ensuring the regulatory process is fair and evidence-based.

Why It’s Time for Change

Domestic ferrets are legal in 48 states, and there is no credible evidence to support California’s ban. The classification of ferrets as wild and detrimental has persisted for nearly a century without meaningful scrutiny or justification. By using the APA, we seek to right this wrong and ensure that ferret owners in California are treated fairly under the law.