CA Unannounced Inspections

[wyodjm]

Based upon the objection that the authority for inspection language in the falconry regulations was not provided in our state law, the question was asked of Ann Malcolm the Assistant Chief Counsel for the California Department of Fish and Wildlife (CDFW). Below is her response:
“If I remember the question correctly it was, does the department have the authority to conduct inspections when the member of the regulated community is not present? The answer is yes.

Troy Morris
AFC President

I'm a little confused, how are the CA falconry regulations different than what is in the federal regulations regarding searches?

I cut this from the federal regs:

"(ii) You must submit to your State, tribal, or territorial agency that regulates falconry a signed and dated statement showing that you agree that the falconry facilities and raptors may be inspected without advance notice by State, tribal (if applicable), or territorial authorities at any reasonable time of day, but you must be present. If your facilities are not on property that you own, you must submit a signed and dated statement showing that the property owner agrees that the falconry facilities and raptors may be inspected by State, tribal (if applicable), or territorial authorities at any reasonable time of day in the presence of the property owner; except that the authorities may not enter the facilities or disturb the raptors unless you are present."

I don't see how the CA regulations can be less restrictive than the federal regs, so what changes are being sought in CA?

Hi Paul:

I think the discrepancy between the two is if the person is home or not. The federal regs say the person must be home and the search must be a reasonable time of day. That's how I read it anyway.

I underlined the two discrepancies for your review.

All my best,