California Considers Endangered Species Protection for Burrowing Owls 

On March 5, 2024, six conservation groups filed a petition with the California Fish and Game Commission (the Commission) to request the implementation of legal protections for five populations of the western burrowing owl (Athene cunicularia hypugaea) under the California Endangered Species Act (CESA). Specifically, the petition requests endangered status for burrowing owl populations in southwestern California, central-western California, and the San Francisco Bay Area, and threatened status for burrowing owl populations in the Central Valley and southern desert range.

Burrowing owls are small birds that typically nest and roost below ground in grassland and desert habitats throughout the state of California. The petition asserts that burrowing owl numbers are declining due to loss of habitat from urban development, conversion of grasslands to agricultural uses, and large-scale renewable energy projects. Surveys estimate that the number of burrowing owls has decreased from more than 10,000 pairs in the 1990s to about 6,000 at the time of the petition’s filing; it is estimated that fewer than 25 breeding pairs remain in the Bay Area.

State law currently allows for the passive relocation of burrowing owls from breeding sites during non-breeding season to accommodate development projects. However, CESA protections would significantly increase regulations and requirements for developers seeking to build in the species’ habitat. Acceptance of the burrowing owl as a candidate species by the Commission under CESA (which could occur as early as mid-July) would no longer permit such relocation, nor the eradication of ground squirrels, a species on which the owls rely. Moreover, new protections could serve to significantly limit the development of large-scale solar and wind energy farms, certain agriculture uses, and new sizable residential projects.

Notably, burrowing owl habitat spans much of the State. If the species is afforded protection under CESA, even temporarily as a candidate species while the Commission makes a final listing determination, the ramifications of this action have the potential to impact almost all development projects in the Central, Coachella, and Imperial Valleys. In addition, the presence of burrowing owls in the Bay Area, particularly in the Altamont Pass area and eastern Alameda and Contra Costa counties may affect renewable energy projects and will almost certainly prompt additional studies during project diligence and construction.

The listing process under CESA is a lengthy one, and the burrowing owl petition represents just the start of a time intensive process to come. The Commission publicly received the petition at its April 17-18 meeting and the California Department of Fish and Wildlife (CDFW) is conducting a formal 90-day petition evaluation. Unless an extension is requested, CDFW’s evaluation and recommendation relating to the petition is expected to be received by the Commission at its June 19-20 meeting.

Time will tell as to whether the likelihood of a formal listing is forthcoming, particularly given that the Commission voted 4-0 against a previous 2003 petition requesting CESA legal protections for burrowing owls. We will be tracking the outcome of this petition and provide subsequent legal updates as things continue to develop over the next few months.