California Assembly preserves migratory bird protections with AB 454 enactment

In a pivotal meeting held by the California State Assembly's Water, Parks, and Wildlife Committee, lawmakers discussed Assembly Bill 454, a significant piece of legislation aimed at safeguarding the state's migratory bird populations. The bill seeks to eliminate the sunset provision of the California Migratory Bird Protection Act, thereby ensuring permanent protections for these vulnerable species.

The backdrop of this discussion is a troubling trend at the federal level. For over a century, the Migratory Bird Treaty Act (MBTA) has provided a framework for the protection of more than a thousand native bird species. However, a 2017 legal opinion from the federal government has led to significant rollbacks in these protections, particularly concerning incidental take—activities that unintentionally harm birds during industrial operations. This shift left California's migratory birds exposed, as the state-level protections were set to expire earlier this year.

Assemblymember Oshkolera, the bill's author, emphasized the urgency of the situation, noting that the expiration of the California Migratory Bird Protection Act left birds vulnerable to the federal rollbacks. "This is not the time to reduce or complicate migratory bird protections," he stated, highlighting the alarming decline of bird populations in North America, which have decreased by over three billion since 1970.

Michael Chen, Senior Manager of Government Relations for Audubon California, voiced strong support for AB 454, underscoring its importance in maintaining consistent protections for birds regardless of federal policy changes. He pointed out that two-thirds of North American birds face heightened risks of extinction due to climate change, making the need for robust protections more critical than ever.

The committee heard from various supporters, including representatives from environmental organizations like the Sierra Club and Defenders of Wildlife, all echoing the sentiment that the bill is essential for the continued protection of migratory birds in California. Notably, there were no voices of opposition during the public comment period, indicating a strong consensus on the importance of the legislation.

Assemblymember Gonzalez raised questions about the implications of the bill for industries, seeking clarity on how businesses would manage incidental take. Oshkolera reassured her that the bill does not impose new regulations but rather codifies existing practices that industries have followed for decades. The goal is to ensure that California's laws remain clear and effective in protecting migratory birds, regardless of shifts in federal policy.

As the committee moved to vote on the bill, the atmosphere was charged with a sense of urgency and purpose. The passage of AB 454 would not only reinforce California's commitment to wildlife protection but also serve as a crucial step in addressing the broader environmental challenges facing the state. With the future of migratory birds hanging in the balance, the outcome of this legislation could have lasting implications for California's natural heritage.