Field Notes

Nesting Bird Season Has Begun: Plan Ahead for Surveys and Compliance

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The nesting bird season in the central, coastal part of California is generally considered to run from February 1 through the end of August, with some agencies recognizing late and early nesting, requiring surveys regardless of the time of year. Nesting birds are protected by California Fish and Game Code and Migratory Bird Protection Act (MBPA H.R 3188 passed in 2005) and the Federal Migratory Bird Treaty Act to prevent direct impacts to birds that are incubating eggs or raising young in the nest, and indirect impacts (such as loud noises or other disturbances) that could result in the parents abandoning an active nest. These protections are applicable in all circumstances, but projects often have requirements to implement measures to avoid impacts and substantiate compliance with these regulations. This may come in the form of conditions of approval for a project, specific permit conditions or mitigation measures in CEQA documents.

Many of our clients ask why a nesting bird survey is required even if there are very few trees or other structures that are likely to support nesting birds. The answer is many birds nest on the ground including gamebirds such as quail and turkey as well as shorebirds including the killdeer which have  been known to nest even near active train tracks!

WRA has decades of experience performing general and species-specific nesting bird surveys. Whether your project has requirements for general nesting bird surveys or simply wants to be sure that no birds are harmed during project activities, WRA can assist with these surveys and provide guidance should an active nest be detected. Some projects require more involved species-specific nesting bird surveys, which often require multiple site visits during and even before the active nesting season for the species. This is because some species are exceptionally good at hiding their nests, or actively searching for the nest could result in unacceptable disturbance. In the San Francisco Bay area, species-specific bird surveys are usually listed or otherwise protected species like Northern spotted owl, California Ridgway’s rail, California black rail, burrowing owl, and Swainson’s hawk. WRA’s orinithologists can survey for and provide recommendations for compliance with these requirements as well.

If your project needs nesting bird surveys, WRA can assist. For general nesting bird surveys, contact Racheal Perpignani. For species-specific surveys, reach out to Jason Yakich.