Ferreting Out the Truth

©1997 by Dale Franks

Once again, it appears certain that a bill to legalize ferret ownership in California will be killed in the State Senate. California is the only state in the continental US that does not allow private ownership of the domesticated ferret. The ferret, a house pet kept throughout the United States, has been classified as a "wild" animal by the department of Fish and Game for over 60 years.

Such a classification is, quite simply, silly. Californians seem to recognize that as well, considering that there are at least 250,000 ferret owners in the state. Ferrets are easily obtainable in our neighboring states, and their importation into California, while illegal, is quite easily accomplished. Moreover, a fair number of private citizens breed ferrets. As long as a decade ago, the number of illegal ferrets in private hands in the state was estimated to be about 500,000.

The current ban on ferrets is, as a practical matter, unenforceable. Ferrets are indoor pets and, as such, the chance of their discovery by animal control officers is extremely small. Additionally, many animal control officers simply do not enforce the ban against ferrets unless a public complaint comes to their attention, and they are forced to officially take notice of the situation.

If the ban cannot be enforced in the face of regular and risk-free non-compliance, then it is essentially pointless to maintain it.

Aside from the arguments above, the main reason for my concern over this issue arises from the tactics used by state officials to defend the ban. Officials from the Department of Fish & Game and the Department of Health Services have repeatedly and consistently told the public and legislators that dropping the ban would be unwise. To support their statements they have regularly cited "facts" that are easily disproved.

For example, they have repeatedly said that in other states, wild ferret populations have caused damage to waterfowl populations, farming, and small livestock. Each time they have done this, the heads of Fish & Game in those states have responded by contradicting the claims made by California officials. Even more damning is the fact that these and similar claims have been debunked by the California Research Bureau, or contradicted by other California state agencies.

Yet despite the fact that their claims are constantly disproved, both the Fish & Game and Health departments continue to make them. Indeed, in at least one case, this propensity has gotten Fish & Game in legal trouble. In the wake of their repeated claims that there was no reliable rabies vaccine for ferrets, Rhone Merieux pharmaceuticals slapped a cease-and-desist order on the department. (Rhone Merieux makes IMRAB, a killed rabies vaccine approved by the FDA for six animal species, including ferrets.)

In light if this, there is simply no way that officials of these two departments can still make these same arguments against the ban unless they are either liars or fools. There is simply no third alternative. If the only way that you can gain support for a public policy is to tell lies, then maybe it is not a policy that deserves support.

If we expect to create reasonable public policies, then the truth must MEAN something. There must be some set of objective facts that can be relied upon as a guide to conduct the business of government. If there is not, then the entire realm of public policy simply becomes nothing more than an expensive guessing game. To this end, we must rely on officials to provide objective, reliable data to elected officials who enact these policies.

When officials refuse to do this, and instead provide them with "facts" that do not stand up under even the most casual examination, then I think direct and appreciable damage is done to our system of government. Such actions amount to an arrogation of the legislature's authority, "guiding" the creation of policy by deceit in order to obtain legislative results that meet the approval of officials, rather than the needs of the people.

Although it pains me to say it, I have frankly become tolerant of stupidity in our state government. Indeed, in many areas, I have come to expect it. But I can never condone and never become tolerant of what I feel to be a concerted and deliberate attempt by officials to deceive both the legislature and the citizens of this state.

In my view, a continuation of the ban on ferrets sends a message to state officials that a campaign of public lies and misinformation is an acceptable way to mold public policy. This alone is more than ample reason for overturning the ban.

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