4700

FISH AND GAME CODE
SECTION 4700




4700.  (a) (1) Except as provided in Section 2081.7, 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).