In January 2026, the California Department of Fish and Wildlife (CDFW) completed its petition evaluation. CDFW determined the Petition was complete and recommended the Commission find the Petition contains sufficient scientific information to indicate the requested action may be warranted. A finding by the Commission that the Petition may be warranted would grant the western spadefoot “candidate” species status under CESA. During candidacy, the species receives full legal protections from unauthorized “take,” which is defined as to “[h]unt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” (Fish & Game Code, § 86.)
On April 16, 2026, the Commission held a public hearing to consider the Petition. The Commission voted unanimously to postpone its decision until its regularly scheduled June 17-18, 2026 meeting. During the hearing, the Commission discussed the potential use of Fish and Game Code section 2084 to authorize a prescribed amount of take of the western spadefoot during the species’ candidacy period, if candidacy is granted. Section 2084 authorizes the Commission to permit the taking of candidate species subject to terms and conditions it prescribes, provided the take is consistent with CESA. If utilized, this mechanism could provide a pathway for projects where the western spadefoot is present to proceed with appropriate conditions during the candidacy period.
During this interim period, the western spadefoot remains a Species of Special Concern in California. This designation means the species receives special attention from CDFW, land managers, and other stakeholders for research and management purposes. Projects affecting potential western spadefoot habitat may be subject to more intensive mitigation measures, focused monitoring, and heightened consideration in environmental reviews under the California Environmental Quality Act (CEQA).
The western spadefoot is also subject to review under the federal Endangered Species Act (ESA). In 2012, the species was petitioned for listing under the ESA. In December 2023, the U.S. Fish and Wildlife Service (USFWS) proposed to list the northern and southern distinct population segments (DPS) as threatened. As of the date of this alert, USFWS has not published a final determination on the federal petition. This pending federal action may result in additional regulatory requirements and considerations for projects potentially affecting western spadefoot habitat.
A decision on whether to grant the western spadefoot candidate status under CESA is now expected at the Commission’s June 17-18, 2026 meeting. Allen Matkins will continue to monitor developments and provide updates as the listing process progresses. Please reach out to the firm’s Natural Resources Team if you would like to learn more about how the Commission’s consideration of CESA candidacy for the western spadefoot may affect your project.
