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California

West's Annotated California Codes. Fish and Game Code. Division 4. Birds and Mammals. Part 3. Mammals. Chapter 8. Fully Protected Mammals. 4700. Taking or possession prohibited; scientific research; legal imports; fully protected mammals specified

Statute Details
Printable Version
Citation: CA FISH & G 4700

Citation: West's Ann. Cal. Fish & G. Code 4700


Last Checked by Web Center Staff: 11/2012

Summary:   This statute enumerates the fully protected mammals in the state of California.  These animals may not be taken or possessed at any time.  The statute also specifically states that permits or licenses to take these animals will not be issued, with a possible exception in the case of necessary scientific research.


Statute in Full:

(a)(1) Except as provided in Section 2081.7 or 2835, fully protected mammals or parts thereof may not be taken or possessed at any time. No provision of this code or any other law shall be construed to authorize the issuance of permits or licenses to take any fully protected mammal, and no permits or licenses heretofore issued shall have any force or effect for that purpose. However, the department may authorize the taking of those species for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Prior to authorizing the take of any of those species, the department shall make an effort to notify all affected and interested parties to solicit information and comments on the proposed authorization. The notification shall be published in the California Regulatory Notice Register and be made available to each person who has notified the department, in writing, of his or her interest in fully protected species and who has provided an e-mail address, if available, or postal address to the department. Affected and interested parties shall have 30 days after notification is published in the California Regulatory Notice Register to provide any relevant information and comments on the proposed authorization.

(2) As used in this subdivision, “scientific research” does not include any actions taken as part of specified mitigation for a project, as defined in Section 21065 of the Public Resources Code.

(3) Legally imported fully protected mammals or parts thereof may be possessed under a permit issued by the department.

(b) The following are fully protected mammals:

(1) Morro Bay kangaroo rat (Dipodomys heermanni morroensis).

(2) Bighorn sheep (Ovis canadensis), except Nelson bighorn sheep (subspecies Ovis canadensis nelsoni) as provided by subdivision (b) of Section 4902.

(3) Northern elephant seal (Mirounga angustirostris).

(4) Guadalupe fur seal (Arctocephalus townsendi).

(5) Ring-tailed cat (genus Bassariscus).

(6) Pacific right whale (Eubalaena sieboldi).

(7) Salt-marsh harvest mouse (Reithrodontomys raviventris).

(8) Southern sea otter (Enhydra lutris nereis).

(9) Wolverine (Gulo luscus).

CREDIT(S)

(Added by Stats.1970, c. 1036, p. 1848, § 6. Amended by Stats.1981, c. 714, p. 2635, § 141; Stats.1986, c. 745, § 2; Stats.1992, c. 1370 (A.B.3193), § 10, eff. Oct. 27, 1992; Stats.2002, c. 617 (S.B.482), § 4; Stats.2003, c. 735 (S.B.412), § 2; Stats.2011, c. 596 (S.B.618), § 5.)

 



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