MammalsFully Protected Mammals

Section § 4700

Explanation

This section of the law specifies that fully protected mammals cannot be captured or possessed unless for necessary scientific research, which means efforts to recover or study protected species. No permits or licenses can be issued to take these mammals, except for legitimate scientific purposes. If such research is proposed, the department must notify interested parties and give them 30 days to provide feedback. Scientific research here doesn't include project mitigation efforts. However, legally imported fully protected mammals can be possessed with a departmental permit.

The law lists specific mammals that are fully protected, including the Morro Bay kangaroo rat, bighorn sheep, and several others like the Pacific right whale and southern sea otter.

(a)Copy CA Fish And Game Code § 4700(a)
(1)Copy CA Fish And Game Code § 4700(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)CA Fish And Game Code § 4700(a)(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)CA Fish And Game Code § 4700(a)(3) A legally imported fully protected mammal may be possessed under a permit issued by the department.
(b)CA Fish And Game Code § 4700(b) The following are fully protected mammals:
(1)CA Fish And Game Code § 4700(b)(1) Morro Bay kangaroo rat (Dipodomys heermanni morroensis).
(2)CA Fish And Game Code § 4700(b)(2) Bighorn sheep (Ovis canadensis), except Nelson bighorn sheep (subspecies Ovis canadensis nelsoni) as provided by subdivision (b) of Section 4902.
(3)CA Fish And Game Code § 4700(b)(3) Northern elephant seal (Mirounga angustirostris).
(4)CA Fish And Game Code § 4700(b)(4) Guadalupe fur seal (Arctocephalus townsendi).
(5)CA Fish And Game Code § 4700(b)(5) Ring-tailed cat (genus Bassariscus).
(6)CA Fish And Game Code § 4700(b)(6) Pacific right whale (Eubalaena sieboldi).
(7)CA Fish And Game Code § 4700(b)(7) Salt-marsh harvest mouse (Reithrodontomys raviventris).
(8)CA Fish And Game Code § 4700(b)(8) Southern sea otter (Enhydra lutris nereis).
(9)CA Fish And Game Code § 4700(b)(9) Wolverine (Gulo luscus).
fully protected mammals scientific research exceptions permit restrictions ...