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SACRAMENTO, Calif.—With a California Senate vote of 29-9, a bill strengthening the state’s protections for migratory birds beyond those specified under federal law today cleared the California Legislature. clarifies existing state safeguards for native birds and closes loopholes where California law defers to federal statutes, seriously weakened by the White House. The bill was authored by Assembly Member Ash Kalra (D-San Jose) and sponsored by the Լ����Ƶ.

“This move by the State of California is an example for other states seeking avenues to protect migratory birds until the federal government again lives up to its historic and legal obligations,” said Sarah Greenberger, senior vice president for conservation policy at Լ����Ƶ. “As the world’s fifth-largest economy, California’s business community will naturally need to be a partner in any effort to protect the state’s beloved bird species. This bill preserves the framework that makes that possible.”

In December 2017, the Department of the Interior (DOI) issued a memorandum saying that it would no longer interpret the landmark 1918 Migratory Bird Treaty Act (MBTA) to prohibit the “incidental take” of birds; that is, birds killed unintentionally but avoidably during otherwise legal industrial, commercial, agricultural or other activity. The guidance reverses another DOI issued just a year earlier, as well as decades of bipartisan enforcement of the MBTA. It states that only “affirmative action,” the intentional killing of birds, will be held criminally liable, effectively invalidating provisions of the MBTA that permitted the collection of millions of dollars in damages following the Exxon Valdez and Deepwater Horizon oil spills.

“California is taking a vital step towards filling the role that should fall to the federal government in safeguarding our migratory bird species,” said Sarah Rose, executive director of Լ����Ƶ California. “The new guidance neutralizes the MBTA as both a carrot and a stick. Not only does it shield anyone damaging the environment from having to pay for it, but it removes the incentive for developing technologies that are less harmful to birds and their habitats. We call on Governor Newsom to sign this bill quickly.”

AB 454 changes sections of California statues that may defer to the MBTA on the incidental killing of birds and makes it clear that the incidental but avoidable killing of native birds is still against state law. The bill is the latest step by California officials to block the impact of the White House reversal. In May of last year, California joined seven other states in a challenging the DOI memorandum, followed in November by guidance from California Attorney General Xavier Becerra and the state Department of Fish & Wildlife, that incidental take remained illegal in California regardless of federal policy. 

AB 454 now awaits the signature of Governor Gavin Newsom.

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Media Contact: Jason Howe, jason.howe@audubon.org; 415-595-9245

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