Nest Regulations (Section 681, Title 14, CCR)

Notice of Decision Not Proceed for Proposed Nest Regulations (Section 681, Title 14, CCR)

August 5, 2016

Pursuant to Government Code Section 11347, the Department of Fish and Wildlife decided not to proceed with the adoption of Section 681, Title 14, California Code of Regulations, regarding the take, possession or destruction of bird nests or eggs (Notice File No. Z-2015-0803-01), published in the California Regulatory Notice Register on August 14, 2015 (Notice Register 2015, Volume No. 33-Z, page 1356). The Department may initiate, at a later date and with notice as required by law, a new proposal to adopt regulations pertaining to the same or similar subject matter.

Any interested person with questions regarding this rulemaking should contact Mark Stopher at (530) 225-2275.

The Office of Administration will publish the Department’s decision in the Notice Register on August 12, 2016 and will consist of the following document:

Notice of Proposed Rulemaking: Nest Regulations (Section 681, Title 14, CCR)

August 14, 2015

The Department of Fish and Wildlife (Department) has considered various approaches to pragmatically implement the prohibitions in Fish and Game Code (FGC) sections 3503 and 3503.5 related to nesting birds and birds of prey.  During pre-notice outreach, the Department involved various stakeholders who brought different experiences and perspectives to the dialogue.  Through this outreach, combined with past Department implementation of the statutes, the Department developed a clear understanding of the challenges these prohibitions present to agriculture, forestry, the building industry, transportation agencies, utilities and others, as well as the concerns held by environmental and conservation organizations regarding the extent to which different interpretations of these statutes present risks to nesting birds.

The Department’s regulatory proposal is the most reasonable interpretation of the FGC statutes that implements the Legislature’s intent while balancing stakeholder concerns with the Department’s conservation mission.  The proposed regulations will formalize the interpretations that the Department has traditionally followed in making California Environmental Quality Act (CEQA) recommendations, permit conditions and enforcement practices for implementing these FGC statutes.

In accordance with the Administrative Procedure Act, the Department provided notice of the proposed regulatory action to the Office of Administrative Law for publication in the California Regulatory Notice Register on August 14, 2015. The public notice begins a 45-day review process during which interested individuals may comment on the proposed rulemaking.

Written comments are welcomed and must be received by 5:00 p.m. on September 28, 2015. Comments may be submitted by mail, fax, or e-mail as follows:

California Department of Fish and Wildlife
Regulations Unit
Attn: Scott Barrow
1416 9th Street, Room 1342-A
Sacramento, CA 95814
Telephone:  (916) 653-4681
Fax:  (916) 653-9890

A public hearing has been scheduled for September 28, 2015, from 10:00 a.m. to 11:30 a.m., in the Resources Auditorium within the Resources Building located at 1416 9th Street, Sacramento, California. The conference room is wheelchair accessible. At the public hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Initial Statement of Reasons.

The current rulemaking file for this proposal consists of the following documents: