How does the Migratory Bird Treaty Act (MBTA) affect my project?
If a project site contains vegetation which support nesting birds, the removal of that vegetation during the nesting season could result in a violoation of the MBTA. Additionally, there are California Department of Fish and Game Codes (3503, 3503.5 and 3800) which further protect nesting birds and their parts. Typically, it is recommended that all vegetation removal be conducted outside of the nesting season, which generally falls between February 1 and August 30, however this may vary from year to year depending on various environmental conditions. If vegetation must be removed during the breeding season, a qualified biologist should conduct a nest survey of the entire project site immediately prior to the removal of vegetation.
