Stavrianoudakis

I. INTRODUCTION

19 Plaintiffs—Peter Stavrianoudakis, Katherine Stavrianoudakis, Eric Ariyoshi, Scott Timmons, and the American Falconry Conservancy (“AFC”) (collectively “Plaintiffs”)—brought the present lawsuit against the United States Fish and Wildlife Service (“FWS”), its Director, and 23 the Director of the California Department of Fish and Wildlife (“DFW”) (collectively 24 “Defendants”), asserting that certain regulations violate the First and Fourth Amendments to the 25 U.S. Constitution and were promulgated in excess of statutory authority in violation of the 26 Administrative Procedure Act, (“APA”), 5 U.S.C. § 701, et seq. The Plaintiffs, except for 27 Katherine Stavrianoudakis, are licensed falconers who own trained falcons that are housed inside their homes or the curtilage of their homes. The challenged regulations govern the sport of 2 falconry, which is defined by regulation to mean “the possession, housing, trapping, transport, 3 and use of raptors1 for the purpose of hunting or training.” 14 C.C.R. § 670(b)(7). 4 Plaintiffs’ Fourth Amendment claims in Counts I and II of the operative First Amended 5 Complaint (ECF No. 16 (“FAC”) at 12-13)…