Nesting Birds

August 12, 2021

Question: How do I protect nesting birds while I prune/remove my backyard trees and vegetation?

Answer: Thank you for your interest in protecting California’s birds while managing backyard plants. Many California birds nest in backyard trees, bushes and even on the ground. Nesting birds are particularly sensitive to human disturbance and may abandon their nest, eggs and/or young due to human presence and noise. In addition, pruning or removing vegetation can inadvertently crush, destroy or remove active bird nests.

The California Fish and Game Code (FGC) contains several sections outlining protections for birds, their eggs and nests. FGC section 3503 covers unlawful take, possession or needless destruction of nests or eggs of any bird. FGC section 3503.5 covers take, possession or destruction of birds of prey or their nests or eggs. FGC section 3513 covers unlawful take of any migratory nongame bird. Migratory birds are also protected under the federal Migratory Bird Treaty Act.

To protect nesting birds, CDFW recommends working outside of the nesting bird season, which for many species across California is typically considered February through August, although the season can vary based on location and species of bird. Birds nest every month of the year in some parts of California! If you must work when birds could be nesting, hire a consulting biologist to perform a nesting bird survey prior to the work. If nesting birds are present, a biologist can recommend an appropriate protective buffer where no activities should occur so as to avoid disturbing the nest. Alternately, work could be delayed until the nesting is complete.

Thanks for posting this!
Here in northern California, most songbirds begin nesting in April/May and finish by mid-August. Migratory birds are now beginning to move and any young still in the nest this late are unlikely to survive.
Raptors generally nest earlier and most of those have long since fledged young.
So, now is a good time to start working on the trees and shrubs.

One other consideration though: Standing dead trees should be left undisturbed if possible. If falling limbs are a hazard, cut them back and leave a few "stobs" sticking out for perches. At least a dozen different species of birds rely on standing dead snags for nesting. People think they are unsightly and cut them down, depriving those birds of nest sites, and several species are in decline because there isn't enough "snag forest" habitat now.

We've got plenty of "snag forest" in my neighborhood, and I have started seeing a lot more woodpeckers recently. I had not considered that maybe there's a connection.

I like the woodpeckers, but Steller's jays are a different matter. For several years, we had a pair of hyper-aggressive Steller's jays that insisted on nesting under our deck, in spite of having acres and acres of forest all around. They would dive bomb us whenever we got too close.