Full Statute Name:  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

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Primary Citation:  West's Ann. Cal. Fish & G. Code § 4700 Country of Origin:  United States Last Checked:  October, 2023 Alternate Citation:  CA FISH & G § 4700 Date Adopted:  1970 Historical: 
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.

(a)(1) Except as provided in this section or Section 2081.7, 2081.15, or 2835, a fully protected mammal 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 a permit or license to take a fully protected mammal, and no permit or license previously issued shall have any force or effect for that purpose. However, the department may authorize the taking of a fully protected mammal for necessary scientific research, including efforts to recover fully protected, threatened, or endangered species. Before authorizing the take of a fully protected mammal, 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 that person's interest in fully protected species and who has provided an email 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 relevant information and comments on the proposed authorization.

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

(3) A legally imported fully protected mammal 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).

(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; Stats.2015, c. 154 (A.B.1527), § 74, eff. Jan. 1, 2016; Stats.2023, c. 59 (S.B.147), § 4, eff. July 10, 2023.)


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