California Department of Fish and Wildlife

Evaluation Process of California Falconry Regulations

Background

USFWS Photo by Dawna Dewhurst Sharp-shinned Hawk. USFWS Photo.

According to the Federal Regulations (Title 50, Part 21, Subpart C, § 21.29), all states are mandated to submit falconry regulations that meet federal regulation standards on or before January 1, 2014. Once the state's regulations are approved by the U.S. Fish and Wildlife Service (Service) Director and by the state's regulatory process, falconry permits will be issued solely by the state rather then the Service.

The Federal Regulations state:

"A State (including the District of Columbia), tribe, or territory under the jurisdiction of the United States that wishes to allow falconry must establish laws and regulations (hereafter referred to as laws) that meet the standards established in this section." "The U.S. Fish and Wildlife Service (Service) Director must determine that a State, tribal, or territorial falconry permitting program meets the requirements and standards of this section. The Director must certify no later than January 1, 2014, that a State, tribe, and territory willing to allow falconry meets the federal standards. At that time, all Federal falconry permits and the Federal permitting program will end. Falconry will not be permitted in a State or territory or by a tribe after this date until that State, tribe, or territory develops a permitting program the Director certifies to be in compliance with these regulations." "State, tribal, or territorial laws may be more restrictive than these Federal standards but may not be less restrictive."
(See Title 50, Part 21, Subpart C, § 21.29)

To meet this mandate, the California Department of Fish and Wildlife will be developing an Environmental Document (ED) to comply with the California Environmental Quality Act (CEQA) process.

CDFW is committed to meeting the January 1, 2014 deadline and has outlined a proposed schedule to do so prior to this deadline (see table below). The new falconry regulations for the State of California ultimately change Title 14 of the California Code of Regulations. The FOSR for Section 670 is posted below.

Comments and Information Sharing

The California Department of Fish and Wildlife prepared a draft environmental document pursuant to the California Environmental Quality Act; (CEQA). You may access the document and associated appendices by clicking on the links below. The public comment period concluded on February 1, 2013. The final environmental document is posted below.

The California Department of Fish and Wildlife is in the midst of updating CCR, Title 14, Section 703, related to falconry fees. View notice. The comment period concluded on July 30, 2013. The FOSR for Section 703 is posted below.

Downloads

All files are offered in PDF format.

Meetings and Calls

  • A brief update was given at the November 2011 Fish and Game Commission Meeting, agenda item 6. Another update was given in August 2012, agenda item 22E. The regulatory package was seen at the Commission in November 2012, agenda item 13. In February 2013 a discussion was held at the Commission meeting, agenda item 4. In March 2013, the regulations were adopted by the Commission, agenda item 7.
  • A conference call was held on April 27, 2012. The purpose of the meeting was to give a brief status update of the regulation process and answer any questions related to the environmental process. The meeting notes are now available.
  • A conference call was held on August 10, 2012. The purpose of the meeting was to go over revised schedule and discuss proposed regulatory changes. The meeting notes are now available.

Schedule

Updated August 30, 2013

Falconry Regulation Process Time Period
Public Scoping Meeting Nov 18, 2010
Notice of Preparation Dec 2010
Public Online Falconry Survey Sept 2010 – Feb 2011
Compile Falconry Data Summer 2011 – Fall 2011
Preparation of DED and Draft Regulations Fall 2011 – Summer 2012
Update to Commission Nov 16, 2011
Public Informational Call Apr 27, 2012
Finalize process for electronic reporting requirement to USFWS Summer 2012
Update to Commission Aug 8, 2012
Focused Public Information Call Aug 10, 2012
Fish and Game Commission – Scoping Oct 3, 2012
Fish and Game Commission – Notice Nov 7, 2012
Commission Submits Notice to OAL Nov 13, 2012
OAL Publishes Notice for CCR, Title 14, Section 670 (regulation)
Public comment period initiates for Section 670
Nov 23, 2012
Fish and Game Commission - Discussion Feb 6, 2013
Fish and Game Commission – Adoption
Public comment period concludes for Section 670
Mar 6, 2013
Department Publishes Notice for CCR, Title 14, Section 703 (fees)
Public comment period initiates for Section 703
Jun 14, 2013
Public comment period concludes for Section 703 July 30, 2013
OAL approves Rulemaking for sections 670 and 703 August 27, 2013
Submit Final Regulation to USFWS August 30, 2013
USFWS Publish in Federal Register Jan 1, 2014
CA Regulation Effective Date Jan 1, 2014

Additional Information and Resources