California Department of Fish and Wildlife

Other Protections and CESA Procedures

Incidental Take of Fully Protected Species, Specified Birds, Nongame Migratory Birds, and Raptors, Nests and Eggs

In some instances, State laws and regulations do not allow for the take of native species. Four sections of the Fish and Game Code list 37 fully protected species (Fish and Game Code Sections 3511, 4700, 5050, and 5515). Each of these statutes: (1) prohibits take or possession "at any time" of the species listed in the statute, with few exceptions, (2) states that "no provision of this code or any other law shall be construed to authorize the issuance of permits or licenses to "take" the species, and (3) states that no previously issued permits or licenses for take of the species "shall have any force or effect" for authorizing take or possession.

The Department is unable to authorize incidental take of "fully protected" species when activities are proposed in areas inhabited by those species. The Department has informed non-federal agencies and private parties that they must avoid take of any fully protected species in carrying out projects.

Fish and Game Code Section 3513 prohibits any take or possession of birds that are designated by the Migratory Bird Treaty Act (MBTA) as migratory nongame birds except as allowed by federal rules and regulations promulgated pursuant to the MBTA.

The Department is similarly unable to authorize the incidental take of five types of birds listed in Fish and Game Code 3505, or the incidental take of unlisted raptors or the destruction of their nests or eggs (Fish and Game Code Section 3503.5).