Committee backs making California migratory bird protections permanent amid federal uncertainty

A bill to make California’s Migratory Bird Protection Act permanent cleared the committee on a party-line or near party-line vote after supporters told the committee the change is needed because federal interpretations of the Migratory Bird Treaty Act have shifted in recent years.

Supporters said AB 454 restores the state-level version of the federal Migratory Bird Treaty Act as it existed on Jan. 1, 2017, and removes a sunset provision that allowed the state measure to expire earlier in the year. Michael Chen, senior manager of government relations for Audubon California, said migratory bird populations have declined substantially and that consistent state protections are necessary when federal policy changes. “Migratory bird populations in North America have declined by over 3 billion since 1970,” Chen told the committee, and he described AB 454 as preserving the status quo protections at the state level.

Witnesses from conservation groups including Defenders of Wildlife, Sierra Club California, and several land trusts also testified in favor. A representative from the Grassland Water District and other conservation groups offered support; no witnesses registered opposition at the hearing.

Proponents told the committee that AB 454 does not introduce a new regulatory regime but rather preserves longstanding interpretations of incidental take prohibitions and provides predictable legal standards for both regulated industries and conservation interests.

The committee voted to pass AB 454 as amended to Appropriations.