(a) (1) Except as provided in this section, Section 2081.7, or Section 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 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 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).
(Amended by Stats. 2015, Ch. 154, Sec. 74. (AB 1527) Effective January 1, 2016.)
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