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■ Looking Out for the Birds!!
Mandated by Federal Migratory Bird Treaties
City's Commitment to protect all birds
Great Scott Tree Service contracted to protect all birds and
nests within trees
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Qualifications
John Conway, City Arborist, Certified Wildlife
Protector
Russell eartolotta, Great Scott Area Supervisor,
Certified Wildlife Protector
Certification requires annual testing and
mandatory updates in Federal Migratory Bird
Treaties.
Inspect Before Pruning
Determine if nest(s) present
If inactive, prune around nest
If active, prune only if can do so
without disturbing nest's shelter and
protection.
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Public Counter — Issuance of
demolition permits
Field —Code Enforcement
Distribution
Mailing to Haulers and HOAs
City Website
Protection of Nesting Birds During
Construction & tree D inuuuig
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Protection of Nesting Birds During
Construction & Tree Trimming
State & Federal Laws
Protect ALL Native Birds
The Migratory Bird Treaty Act
(MBFA) is one of the nation's oldest
environmental laws passed in 1918.
Under the provision of the MBT:L it
is unlavyful `by any means or manner
to pursue, hunt, take, capture (or) kill
any migratory birds except as
permitted by regulations issued by the
U.S. Fish and Wildlife Service (F1v'S).
The term °take° is defined by FWS
regulation to mean to 'pursue, hunt,
shoot, wound, kill, trap, capture or
collect` anv migratory bird or any
part, nest or egg of any migratory bird
covered by the conventions, or to
attempt those activities.
Mfigrator v birds include all native
birds in the United States, except
those non - migratory species such as
quail, that are managed by individual
states.
California Fish and Game Code
Section 3513 provides protection to
the birds listed under the MBTA.
essentially all native birds. Other Fish
and Game Codes provide further
protection to certain types of birds,
such as raptors.
How Can You Avoid Nesting Birds During
Construction & Tree Trimming?
Conduct brush removal, tree trimming, building demolition or
grading activities outside of the nesting season. California
Department of Fish and I%Tdbfe biologists have defined the
nesting season as February ist through August s,-th.
If other tinting restrictions make it impossible to avoid the
nesting season the construction areas should be surveyed for
nesting birds and active nests should be avoided as described
below:
Inspect the construction areas for active nests. If adult birds
are observed flying to and from a nest, or sitting on a nest, it
can be assumed that the nest is active. Construction activity
within 300 feet of an active nest should be delaved until the
nest is no longer active. Keep watch on the active nest, and
when the chick have left the nest and activity is no longer
observed around the nest, it is safe to continue construction
activity in the nest area, including removal of the nest.
Consider hiring a biologist to assist vvith the survey for
nesting birds and to determine when it is safe to commence
construction activities. Depending on the size of the
construction area. a professional surrey may only take an
how or tvvo. If an active nest is found, one or Mn short
follow- -up surreys v+vuld be needed to check on the nest and
determine wfien the nest is no longer active.
ALL Native
Birds are
Protected
Since only a few birds
encountered in the
City of Vewport Beach
are not protected (e.g.
European starlings
and house sparrows),
it i safe to assume
that anv nest you
encounter should be
avoided.
For More Information
For more information on the Migratory
Bird Treaty Axt, see
http: / /%k viv.Svs.goy /pacific /migratorytir
ds /mbta.htm. For questions, contact the
US Fish and Wildlife (916 - 414 -6464) or
California Department of Fish and
yh ldlifeoffice(909-484- 0459)•
Cta' of Newport Beach Municipal Operations Tree Division (Parkway Trees): 949-044 -3055
Conmunity Development Department Code Enforcement: 949- 044 -3215
loo Civic Center [hive permit Information: 18 -1888
ivevvport Beach. CA 9^_66o 949'7
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Photos compliments of Carol Westling, resident of Newport Island.
Ms. Westling has been documenting the nests since 2008.