Burrowing Owl Listed as a Candidate under CESA: Considerations for Project Planning

In October 2024, the burrowing owl (Athene cunicularia) was officially designated as a State Candidate Species under the California Endangered Species Act (CESA) by the California Fish and Game Commission. For the next 12-18 months, while the California Department of Fish and Wildlife (CDFW) assesses whether this species should be officially listed at the State level, the burrowing owl has all of the same CESA protections as any other State listed species. In other words, while CDFW considers whether or not to list burrowing owl as a State Threatened or Endangered species, projects will need to treat burrowing owl as if it is a listed species. As such, any projects with the potential to result in “take” will need to obtain an Incidental Take Permit (ITP) from CDFW. Under CESA, the term “take” is defined as any effort or attempt to hunt, pursue, catch, capture, or kill an individual.  

The 2012 CDFW Staff Report on Burrowing Owl Mitigation (Staff Report) is the current guiding document for burrowing owl survey methodology, impact evaluation, avoidance, and mitigation strategy. These guidelines are regularly cited in CEQA measures and prescribed by CDFW in Section 1602 Lake or Streambed Alteration Agreements (LSAAs). However, the petition to list burrowing owl includes recommended updates to existing CDFW measures such as more intensive survey methods, increased mitigation requirements, and restrictions on burrowing owl relocation efforts. 

Passive relocation, a technique that evicts owls from occupied burrows typically through the installation of one-way doors, has been a common practice for projects with wintering owls. However, the petition argues that passive relocation is one of the main causes of this species’ decline because it exposes owls to a greater risk of predation. As part of the ongoing listing status review, CDFW will consider stricter measures included in the petition and decide whether updates to the CDFW 2012 Burrowing Owl Staff Report guidelines are warranted. 

Potential Project Implications

If CDFW approves of listing the burrowing owl as a State threatened or endangered species, what would this mean for future projects and how can project proponents prepare?

1. Assess whether burrowing owls may be present. Burrowing owls commonly occupy areas with low-growing vegetation that support California ground squirrels or provide man-made burrow sites such as rip-rap, open pipes, or rock piles. If suitable habitat is present, surveys are recommended to be conducted in advance of project initiation to determine if burrowing owls are present and where they are located. 
2. Determine if avoidance measures are feasible. If burrowing owls are present, the project proponent should consider whether complete avoidance of occupied habitat would be feasible. Avoidance typically involves the establishment of a non-disturbance buffer around an occupied burrow. The size of the buffer distance depends on the disturbance level and time of year work would occur.  
3. If avoidance is not feasible, obtain an Incidental Take Permit from CDFW. Project proponents should evaluate whether their project has potential to result in take, even with the implementation of CEQA measures that were previously issued. If take may occur, an ITP from CDFW is needed. It can take over a year to obtain an ITP after application submittal, so it’s best to determine if take coverage is needed as soon as possible. (Note: If owls are present, passive relocation should no longer be performed without an ITP from CDFW because relocation has the potential to result in take.) 

WRA’s recommendation: If a project site currently supports owls, has supported owls in the past, or is expected to support owls in the future, it may be in the project proponent’s best interest to proactively obtain an ITP or consult with a qualified biologist on the appropriate way to ensure take of burrowing owl is avoided. This will avoid potential project delays in the event that owls are detected during pre-construction surveys.

Contact Us

WRA has biologists experienced in performing protocol-level wintering and breeding season surveys, preparing passive relocation plans, implementing avoidance strategies, and assisting with mitigation requirements. For more information contact one of WRA’s burrowing owl experts, Tommy Dryer, at the contact information listed below or reach out via our contact form if you have any questions regarding the recent listing of burrowing owl as a Candidate Species.