Facts

The Center for Biological Diversity petitioned the California Fish and Game Commission to list the Pacific fishers as threatened or endangered under the California Endangered Species Act (CESA). The Pacific fisher, a rare, forest-dwelling carnivore that's a close relative of the wolverine and mink. It once thrived in the old-growth forests along the West Coast. The environmental group sought protection for the fisher because its population was at risk due to logging, habitat fragmentation, disease, pesticides, as well as traffic and development.

The Commission accepted the Center's petition, triggering a 12-month review by the Dept. of Fish and Game (now called the Dept. of Fish & Wildlife). The Department's final recommendation, however, was not to protect fishers in California. The Commission subsequently denied the petition, prompting the Center to seek a lawsuit seeking reversal of the denial.

Result

The California Superior Court affirmed that the Pacific fishers were protected as a candidate species under CESA. Candidacy is a temporary status while the Dept. of Fish & Wildlife conducts a thorough scientific review of the species' status based on a number of scientific criteria. If the Commission then accepts the petition, the species moves from candidacy to fully protected as a listed species (threatened or endangered). If the Commission then rejects the petition, the species is not listed and does not receive the protection given under the California Endangered Species Act to threatened or endangered species.