News & Insights
Legal Alert

At its February 12, 2026 meeting, the California Fish and Game Commission (the Commission) unanimously voted to list mountain lion (Puma concolor) populations in parts of central and southern California as a threatened species under the California Endangered Species Act (CESA). Specifically, the Commission listed the populations identified in the California Department of Fish and Wildlife’s (CDFW) status review report dated December 2025 as the Southern California and Central Coast Distinct Population Segment (SC/CC DPS).
The SC/CC DPS is slightly smaller than, but largely conforms with, the Southern California/Central Coast Evolutionarily Significant Units (SC/CC ESUs) referenced in the original listing petition submitted by environmental groups on June 25, 2019. Mountain lion populations in the SC/CC ESUs were previously designated as candidate species for listing, and therefore obtained full protections under CESA, upon publication of the Commission’s notice of its findings on May 1, 2020 (following the Commission’s April 16, 2020 meeting).
The Commission’s listing decision protects mountain lions within the SC/CC DPS, which spans a broad geographical area from portions of the San Francisco Bay Area down to California’s southern border. The SC/CC DPS encompasses six genetic populations: Central Coast North (including the Santa Cruz Mountains), Central Coast Central (coastal mountains from southern Monterey Bay to Ventura County), Central Coast South (including the Santa Monica Mountains, Santa Susana Mountains, Sierra Pelona Mountains, and Simi Hills), San Gabriel/San Bernardino Mountains, Santa Ana Mountains, and Eastern Peninsular Range (including eastern San Diego County).
The decision has the potential to impact projects within Alameda, Contra Costa, Los Angeles, Monterey, Orange, San Benito, San Diego, San Francisco, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, and Ventura Counties, as well as portions of Riverside and San Bernardino Counties. Notably, the DPS boundary excludes large portions of the southeastern deserts (including portions of eastern San Bernardino, Riverside and Imperial Counties) because genetic samples from those areas have not been evaluated, as well as intensively farmed agricultural lands in the northeastern portion of the original petitioned ESU. See the map below for specific boundaries of the SC/CC DPS.
As a CESA listed threatened species, mountain lions within the SC/CC DPS will continue to receive full species protections. CESA strictly prohibits any unpermitted “take,” defined as to “[h]unt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill,” of listed mountain lions. (Fish & Game Code, § 86.) Violators of this prohibition are subject to significant civil and criminal penalties.
The listing process is still in the early stages, and we expect CDFW to release further guidance on authorizing mountain lion take in the coming months. Typically, project proponents acquire take authorization through an incidental take permit (ITP) under Fish and Game Code Section 2081. An ITP applicant must demonstrate that the proposed take is “incidental” to an otherwise lawful activity, that any impacts from the take will be minimized and fully mitigated, and that adequate funding exists to implement minimization and mitigation measures.
However, because mountain lions in the SC/CC DPS area already had candidate species protections since May 2020, any existing guidance or practices regarding take authorization during the candidate period may inform how CDFW proceeds now that the listing is finalized. Project proponents who believe their activities may impact mountain lions within the SC/CC DPS should engage CDFW early to determine the appropriate take authorization pathway.
We will continue tracking the implications of the Commission’s decision to list the mountain lions in the SC/CC DPS as threatened. If you would like to learn more about the Commission’s recent decision or how the mountain lions’ CESA status may affect your project, please contact Allen Matkins’ land use and natural resources team
Authors
Partner
Associate
RELATED SERVICES
News & Insights
Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved.
This publication is made available by Allen Matkins Leck Gamble Mallory & Natsis LLP for educational purposes only to convey general information and a general understanding of the law, not to provide specific legal advice. By using this website you acknowledge there is no attorney client relationship between you and Allen Matkins Leck Gamble Mallory & Natsis LLP. This publication should not be used as a substitute for competent legal advice from a licensed professional attorney applied to your circumstances. Attorney advertising. Prior results do not guarantee a similar outcome. Full Disclaimer