Protecting Active Nests During San Diego's Bird Breeding Season
Every year, the San Diego Bird Alliance receives urgent calls and emails from concerned homeowners and tenants who are desperate to protect active bird nests and displaced nestlings from destruction. These calls for help usually arise when homeowners' associations or tenant landlords schedule tree trimming, termite tenting, or when landscaping companies decide to prune or clear ground cover during the bird nesting season.
In San Diego, some bird species begin their breeding season as early as February, with most wrapping up by the end of August. However, depending on the location within the county and the conditions of a given year, the breeding season may start earlier or extend later, and some species may even breed year-round.
This guide offers homeowners and tenants actionable steps to address imminent threats to active nests, as well as resources and essential information to share with your homeowners' association (HOA) board and manager or landlord.
Know the law. Share it with your HOA board and HOA manager or Landlord.
Several Federal and California regulations protect the active nests of native birds from harm. Violators, including associations and corporations, can face fines, jail time, and forfeiture of equipment.
Federal Protection
The Migratory Bird Treaty Act of 1918 (MBTA) is a U.S. federal law established to protect migratory bird species. Initially enacted as a treaty between the United States and Great Britain (on behalf of Canada), it protects rapidly declining bird populations due to hunting and habitat destruction. Today, the MBTA is an international treaty involving agreements with Canada, Japan, Mexico, and Russia, recognizing that many birds cross borders throughout life. The act covers over 1,000 native bird species, including songbirds, waterfowl, and raptors. The list of birds covered by the MBTA includes non-migratory native birds.
Key Protections
The U.S. Fish and Wildlife Service enforces the provisions of the MBTA making it illegal to:
1. Pursue, hunt, take, capture, or kill protected migratory birds.
2. Possess, sell, or trade birds, nests, or eggs without proper authorization.
3. Disturb active nests (e.g., during construction or landscaping).
"…it shall be unlawful at any time, by any means or in any manner, to pursue, hunt, take, capture, kill, attempt to take, capture, or kill… any migratory bird, any part, nest, or eggs of any such bird..." Section 703
Violations and Penalties
Elements of a misdemeanor offense:
- Any person, association, partnership, or corporation who
- Violates or fails to comply with any provisions or regulations of the MBTA
- Shall be deemed guilty of a misdemeanor
Penalties for a misdemeanor offense:
- Individuals: $5,000 maximum fine and/or imprisonment up to six months.
- Associations: $10,000 maximum fine
Bald and Golden Eagle Protection Act (BGEPA)
The Bald and Golden Eagle Protection Act (BGEPA) is a U.S. Federal Law enforced by the U.S. Fish and Wildlife Service. This law prohibits anyone from “taking” Bald or Golden eagles, including their feathers, body parts, nests, or eggs without a permit from the Secretary of the Interior.
A “take” is defined as the: pursuit, poisoning, shooting, wounding, killing, capturing, trapping, collecting, molesting, or disturbing Bald or Golden eagles.
This law covers intentional AND unintentional takes and considers disturbances as immediate or future disturbances, e.g. the removal of a nest from a returning pair of breeding eagles outside of nesting season.
Violations and Penalties
Elements of a misdemeanor offense:
- Applies to any person, organization, corporation, or government agency who
- Violates or fails to comply with any provisions or regulations of the BGEPA
- Shall be deemed guilty of a misdemeanor for a first time offense.
- Shall be deemed guilty of a felony for subsequent offenses.
Penalties for a misdemeanor offense:
- Individuals: $5,000 maximum fine and/or imprisonment up to one year.
- Organizations: $10,000 maximum fine
Penalties for a felony offense:
- Individuals up to $250,000, imprisonment up to 2 years, or both.
- Organizations up to $500,000.
Other penalties:
- Civil penalties: Fines up to $5,000 per violation.
- Forfeiture: Equipment, vehicles, or other assets
California Fish and Game Code
The California Fish and Game Code has several provisions that protect native bird populations, nests, and eggs from harm or destruction. Section 3503 was established to expand protections for native wildlife in line with federal laws like the MBTA, responding to the growing need to safeguard California's unique biodiversity.
The primary enforcement agency is the California Department of Fish and Wildlife (CDFW). CDFW Wardens and officers have the authority to investigate violations, issue citations, and enforce the law, often collaborating with other agencies, such as the U.S. Fish and Wildlife Service for birds protected under federal laws like the MBTA.
Key Sections
Section 3503: Prohibits the destruction of the nest or eggs of any bird. Exceptions are made only with proper permits, such as in cases where a nest is causing a public safety concern or infrastructure conflicts.
Section 3503.5: Provides additional protections for birds of prey (like owls, hawks, falcons), making it unlawful to take, possess, or destroy the eggs or nests of birds of prey.
Section 3513: Aligns California's protections with the federal Migratory Bird Treaty Act of 1918, making it illegal to take, possess, or destroy any bird species covered by the MBTA.
Penalties
Penalties for violations of these codes can result in a fine of not more than five thousand ($5,000), imprisonment in the county jail for not more than six months, or by both fine and imprisonment." Full text of Fines and Penalties
California Migratory Bird Protection Act (California Assembly Bill 454 of 2019)
The California Migratory Bird Protection Act strengthens California's alignment with the federal Migratory Bird Treaty Act (MBTA) and ensures continued protection for migratory birds, even in the face of federal rollbacks or policy changes. The California Department of Fish and Wildlife also enforces The California Migratory Bird Protection Act.
Key Provisions
Codifies that the taking, possessing, or destroying of migratory birds, their nests, or their eggs is unlawful in California, regardless of any changes to federal MBTA enforcement.
Reinforces California's commitment to protecting migratory birds by clarifying that state law will safeguard these species, even if federal protections weaken.
Prevention is worth a pound of cure
The State of California requires arborists, tree trimming services, landscaping companies, and termite tenting businesses to refrain from disturbing or destroying active bird nests. This requirement involves conducting surveys during the breeding season to check for active nests before beginning activities such as tree trimming, pruning, vegetation removal, or structural fumigation. If an active nest is found, these companies must either postpone their work until all the eggs have hatched and the chicks have fledged or conduct their tasks around the active nest under the supervision of a biologist. Unfortunately, these surveys are not always conducted, destroying countless active nests each year. This negligence leads to many chicks being injured, killed, or displaced.
SIX ACTIONS YOUR HOA or LANDLORD CAN TAKE TO PROTECT NESTING BIRDS
By taking these steps, your HOA or landlord can play a vital role in protection of our local bird populations during breeding season while adhering to relevant regulations.
1. Schedule Routine Maintenance during the months when birds are less likely to be breeding. Plan tree trimming, pruning, and underbrush clearing outside the breeding season, typically Octoberthe through January. When to Trim Trees to Minimize Impact on Nests in San Diego
2. Hire Certified Arborists and Reputable Tree-trimming Companies. Choose certified arborists and tree-trimming companies that possess ISA credentials, such as the Certified Arborist certification, which includes training in wildlife and habitat preservation as part of sustainable tree care practices and who ensure their field teams have been trained in best practices that comply with state and federal wildlife laws. Why Hire a Wildlife Arborist
Ask tree care professional companies if they:
- are members of the Western Chapter of the International Society of Arborists (WCISA)
- they adhere to the Best Management Practices, and if they do not
- recommend and provide these resources to companies that don't know about the Best Practices in Tree Management Plan https://treecareforbirds.com/bmps-and-handouts/
3. Schedule Non-Urgent Termite Fumigation from October through January when birds are less likely to be breeding.
4. Use Licensed Companies. Only hire licensed landscaping and pest control companies. Look for companies that have a Nesting Bird or Best Practices in Tree Management Plan or request they implement one.
- California Wildlife Protection Laws Apply to Pest Control Activities: Companies and individuals licensed by the SPCB are required by law to comply with state and federal laws, including the California Fish and Game Code (Sections 3503 and 3513) and the Migratory Bird Treaty Act (MBTA).
- The California State Contractor Licensing Board (CSLB) requires all licensed contractors, including landscapers and pest control companies, adhere to laws regarding the protection of wildlife, including nesting birds.
5. Create an Active Bird Nest Identification and Notification Process. Implement a system that allows homeowners and tenants to identify active nests before scheduled work, such as tree trimming or termite tenting. This could involve marking areas with ribbons or tape. Establish a process for the HOA manager or landlord to communicate with contractors to protect active nests, which may include postponing work until eggs have hatched and the chicks have left their nests or safely working around an active nest under the supervision of a wildlife biologist.
6. Educate and Disseminate Training Resources. Share these links with your HOA board, HOA manager, or landlord. Encourage them to ensure their contractors and their field teams receive training before undertaking work in your HOA or rental.
https://treecareforbirds.com/training/ This site includes a 15-minute video called “Tree Care for Birds and Other Wildlife Awareness Training.” It is produced by the WCISA. It discusses the importance of wildlife, best practices for working in various habitats, responding to emergencies, and provides an overview of the Migratory Bird Treaty Act of 1918.
There are both English and Spanish versions available, making it an excellent educational resource for your HOA board and landlord and for their contractors and their teams.
- Tree Care For Wildlife Best Management Practices This PDF serves as a detailed companion guide to the “Tree Care for Birds and Other Wildlife Awareness Training” video. It includes an important chapter on Minimizing Impacts to Wildlife and a specific appendix for California.
- Preventing Harm to Wildlife During Tree Care: These PDFs are available in both English and Spanish. They provide recommendations for site preparation before tree trimming, the risks of unnecessarily harming wildlife unnecessarily, and include a quiz that complements the 15-minute training video. Additionally, there is a training attendance sheet that HOA's and landlords can request to have added to their files.
English Version Preventing Harm to Wildlife During Tree Care
Spanish Version Preventing Harm to Wildlife During Tree Care
Emergency Nest Protection: A Quick Guide to Taking Action
If you observe someone destroying or disturbing an active nest, report it immediately to the California Department of Fish and Wildlife (CDFW) at CALTIP: 1-888-334-2258 or online at: wildlife.ca.gov/Enforcement/CalTIP.
When you report, be prepared to provide the following information:
- The exact location of the incident
- Vehicle license plates and company name if applicable.
- If possible, take photos and collect evidence such as dead, injured, or live chicks, or broken eggs).
California Department of Fish and Wildlife recommendations for taking photos of nest harassment and destruction which could be useful in court:
1. Wide-Angle Shot: Capture the wider context of the location, environment, and other key elements.
2. Close-Up Shot: Get closer to provide more detailed images.
3. Detailed Close-Up: If possible, take a close-up shot of a destroyed nest or any abandoned or dead birds.
Important: Do not disturb an active nest to get these images. Follow these guiding principles for Ethical bird nest photography.
Note: You can make an anonymous tip. However, leaving your name and a contact phone number enables a CA Fish & Wildlife warden to gather more information if needed, and it adds additional credibility to your report. Anyone with a cell phone may send an anonymous tip to CDFW by texting "CALTIP", followed by a space and the message, to 847411 (tip411). The anonymous tip text feature lets the officers respond back creating an anonymous two-way conversation.
What to expect after you call:
A CDFW warden will typically contact you either the same day or within one to two days, depending on their availability. Keep in mind that, due to legal constraints, the warden cannot stop anyone from destroying or removing a nest. CDFW wardens can only pursue action if a violation has already occurred. Nevertheless, it is worthwhile to contact them if an active nest is being threatened, as they can take several actions, including:
- Notifying your homeowners association (HOA) manager, landlord, or contractor about potential penalties for violating federal and state regulations.
- Monitoring ongoing work at the site.
- Pursuing penalties if work proceeds despite warnings and a nest is disturbed or destroyed.
- The warden will coordinate with the U.S. Fish and Wildlife Service if necessary. However, you can also notify USFWS directly at 1-844-397-8477.
Other Immediate Actions You Can Take (Excerpted and edited from Actions to Prevent the Destruction of Active Nests)
If there is an active nest in a tree or shrub about to be pruned:
- Note the name of the tree care company.
- Approach seriously but respectfully and request that work in the tree stop immediately while you talk with them. See English to Spanish translations below.
- Request to speak with the foreman on the site. Get their name.
- Point to the nest location and inform them that bird regulations prohibit disturbance or harm to an active nest;
- Request that the work be postponed until the birds have left the nest or no longer need the nest tree (possibly in 2-3 weeks).
- If possible, offer to contact them/the company when the birds have left.
- If you are concerned that work in trees immediately adjacent to the nest tree may impact the nest, tell them so, and recommend that a wildlife biologist be consulted.
- Understand that the foreman will likely have to consult their supervisor or client before deciding.
- If the company is cooperative/helpful, thank them. Get the foreman’s contact information before they leave.
- Tell the foreman that you will contact their company to express appreciation of their cooperation. Make the promise only if you intend to do so.
- If the company appears to plan on destroying the nest, warn them that you will take photos and report them to CDFW.
- Record the reactions of the foreman or crew as accurately as you can. Adhere to facts and observations, avoiding needless subjectivity and speculation.
- Acquire witnesses if you can.
Avoid these actions:
- Initially approaching a crew with loud hostility and threats.
- Exaggerating facts, making statements about which you are uncertain or cannot confirm, or making threats that carry no weight and will not be enforced.
Important: Some HOA's and landlords may have rules prohibiting homeowners from directing contractors to stop or change their work. These rules may include sanctions and/or penalties for rule violations. If your HOA or landlord prohibits you from speaking to contractors, contact your HOA manager or landlord and request that they speak with them immediately.
English to Spanish translations:
Please check this tree carefully for bird nests before you start working in it.
Antes de comenzar a trabajar en él árbol, por favor revíselo cuidadosamente para ver si hay nidos de aves.
I think there are birds nesting in this tree.
Creo que hay aves anidando en este árbol.
It is against the law to harm an active bird nest.
Es contra la ley dañar un nido activo de ave.
Please stop working in this tree until I can speak with your office or supervisor.
Por favor deje de trabajar en este árbol hasta que yo pueda hablar con su oficina o supervisor.
When Nests Are Destroyed: How to Help Injured or Orphaned Birds
Project Wildlife in San Diego
San Diego’s Project Wildlife is a vital resource for rescuing and rehabilitating injured or orphaned birds. The following links provide everything you need to assess whether a bird requires help, care for it temporarily, and bring it safely to Project Wildlife. From emergency contact details to practical self-help guides, these resources will help you take swift, well-informed actions for a bird in need. IMPORTANT: Highly Pathogenic Avian Influenza (HPAI) has been reported in California. It is important to use proper protection and adhere to best practices when handling certain wildlife to reduce the spread of infection. HPAI: How to Protect Yourself and Prevent Spread of Disease Avian Pox has been reported in San Diego County. Birds with Avian Pox should be isolated from other birds and HPAI protection and precautions followed. Avian Pox Information
What to do if you find an injured or orphaned bird
Contains Project Wildlife’s address, emergency phone number, hours of operation, emergency assistance phone number, and basic information about what to do when you find injured or orphaned wildlife.
Practical information about what you can do when you encounter an injured, sick, orphaned, trapped, or deceased bird.
Information about renesting, reuniting, and coexisting with birds and other wildlife.
These resources include specific information about: Crows and Ravens, Gulls, Hummingbirds, Pigeons and Doves, Raptors, Songbirds, Woodpeckers, and Fledgling Birds.
Animal Help Now
“Animal Help Now directs anyone in the UNITED STATES who encounters a WILDLIFE EMERGENCY to the closest, most appropriate help, 24/7. Use it for orphaned or injured wildlife, stranded marine animals, etc. Provides immediate access anywhere in the United States to wildlife rehabilitators, rescues, and hotlines, as well as veterinarians who treat wildlife.”
“Animal Help Now now also directs anyone in the U.S. who is experiencing a WILDLIFE CONFLICT to the closest, most appropriate help.”
Available in Google Play and the Apple App Store
In summary, homeowners, tenants, HOAs, and landlords play a crucial role in protecting nesting birds by understanding and adhering to relevant laws, such as the Migratory Bird Treaty Act and the California Fish and Game Code. By ensuring that landscaping, arborist, and pest management companies are employ best practices—such as avoiding work during nesting seasons, monitoring for active nests, and using bird-friendly techniques—HOAs and landlords can safeguard protected bird species. If an active nest is threatened or destroyed, homeowners and tenants should immediately contact the California Department of Fish and Wildlife or a local wildlife rescue organization to report the incident and seek guidance on next steps.
