The western burrowing owl was just recently elevated to a “candidate species” under the California Endangered Species Act (CESA) by the California Department of Fish and Wildlife (CDFW). As a candidate species, the owl now has legal protection from being hunted, captured, or killed without a permit until the Fish and Game Commission decides whether to add the owl to California’s list of protected threatened and endangered species under CESA.

The CDFW is now seeking input and data about the owl from the public. As part of the 12-month status review of the owl’s potential CESA listing, the agency is requesting information from Californians on the owl’s current distribution, ecology, and threats to its survival. CDFW’s review will determine whether the owl should be classified as “threatened” or “endangered” under CESA, which will significantly impact various land uses across the state.

The western burrowing owl, as the name suggests, lives in burrows rather than trees, and can make itself at home in abandoned burrows across wide swaths of the state — in grasslands, shrublands, deserts, and human-altered landscapes like golf courses. The owl is most abundant in the Imperial Valley and parts of the Central Valley but can be found overwintering and nesting throughout the state.

Businesses involved in residential and commercial development, renewable energy, agriculture, mining, and other resource-based industries should evaluate their ongoing activities and new development for potential impacts on the burrowing owl. Since the owl is now protected as a “candidate species,” ongoing or upcoming projects may result in capturing or killing of the owl. Without proper state-level permits, harming the owls may be afoul of CESA’s legal requirements. Businesses should consider submitting relevant information to CDFW about the owl’s presence or absence from project areas. The western burrowing owl’s candidacy, and any future listing, imposes substantial compliance burdens on both new and existing land uses, necessitating careful consideration of the potential impacts. Whether the species is listed as “threatened” or “endangered” will also dictate the level of environmental mitigation that projects must carry out in areas where owls are or could live.

If you are a developer or industry stakeholder concerned about how the listing could impact your ongoing land uses or new projects, Troutman Pepper’s team is here to help. We can provide guidance on compliance requirements and assist in determining the potential impacts of CDFW’s actions on your current or future operations.

Comments and data must be submitted to CDFW by February 15, 2025.