CHARLIE KELLY, this one’s for you.
The lovable stooge character on FX’s sitcom “It’s Always Sunny in Philadelphia” once famously declared himself an expert in “bird law,” without offering specifics.
But bird law is real and has been the subject of a years-long dispute between California and the federal government that started during Donald Trump’s first presidency, when his administration removed protections in 2017 for migratory birds that are killed or impacted for non-hunting reasons, like construction.
The move left non-native migratory birds covered in the federal Migratory Bird Treaty Act unprotected from such projects.
In 2019, state lawmakers, led by Assemblymember Ash Kalra, D-San Jose, responded by writing the protection of the species listed in the treaty into state law, but the legislation sunset in early 2025.
A new version of the law, Assembly Bill 454, the California Migratory Birds Act, was signed by Gov. Gavin Newsom on Monday, this time without an end date. It was reintroduced this year after the second Trump Administration revived its opinion that the activity was allowed under federal law.
“Migratory birds play a critical role in every Californian community, providing immeasurable support for local ecosystems and a basis for many recreational and ecotourism industries,” Kalra said in a statement.
California offers two types of permits that allow the holder to legally kill or remove wildlife protected under the California Endangered Species Act, which focuses on native species. One permit is for hunting, where killing the animal is the primary purpose of the activity being permitted, which is known as an “intentional take permit.”
The other is often granted to agriculture, construction, development, or any other project that could unintentionally, but avoidably, involve taking or killing protected wildlife. That’s known as an “incidental take permit.”
Such permit applications, including those by municipalities planning infrastructure or transportation projects, must involve a plan to avoid or mitigate such wildlife deaths.
As it previously stood, state law had gaps in its restrictions and protections that were covered by the Migratory Bird Treaty Act. State law focused on species native to California and relied on the federal law to protect migratory birds.
The state law clarifies that the restrictions also apply to birds listed in the treaty and the federal endangered species list, covering over 1,000 species, according to Audubon California.
“With bird populations declining at a rapid pace and alarming environmental rollbacks announced daily, the lasting establishment of the California Migratory Bird Protection Act is critical,” said Mike Lynes, Audubon California’s director of public policy.
The move was also praised by the nonprofit conservation organization the Golden Gate Bird Alliance.
“The signing of AB 454 is a victory for California’s wildlife, ensuring stronger protections for migratory birds that enrich our ecosystems and communities,” Golden Gate Bird Alliance executive director Glenn Phillips said.
“This law reaffirms our state’s commitment to safeguarding biodiversity and sets a powerful example for conservation nationwide. At a time when our environment is under attack on multiple fronts, this law helps California do our part to protect declining species,” Phillips said.
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