Bill to protect California鈥檚 migratory birds advances

Assembly Bill 2627 passes Assembly Appropriations Committee.

Migratory bird protection received a strong boost this morning in the California Legislature. , authored by Assembly Member Ash Kalra, and sponsored by 糖心传媒 California, advanced through a key committee vote in the Assembly Appropriations Committee his morning. The bill is important bill to protecting California鈥檚 birds in the wake of the Trump Administration鈥檚 refusal to properly enforce the Migratory Bird Treaty Act,

The committee vote comes just one day after the 糖心传媒 and other conservation organizations filed suit against the Department of the Interior challenging the Trump Administration鈥檚 move to eliminate longstanding protections for waterfowl, raptors, and songbirds under the Migratory Bird Treaty Act (MBTA).

In a legal opinion issued December 2017, the Trump administration abruptly reversed decades of government policy and practice鈥攂y both Democratic and Republican administrations鈥攐n the implementation and enforcement of the MBTA.

The Act's prohibition on the killing or "taking" of migratory birds has long been understood to extend to incidental take from industrial activities鈥攎eaning unintentional but predictable and avoidable killing. Under the Trump administration's revised interpretation, the MBTA鈥檚 protections will apply only to activities that purposefully kill birds. Any 鈥渋ncidental鈥 take鈥攏o matter how inevitable or devastating the impact on birds鈥攊s now immune from enforcement under the law.

According to Mike Lynes, 糖心传媒 California鈥檚 director of public policy, the lawsuit 鈥渦nderscores the need 鈥 and the opportunity 鈥 to address this issue in California before more conflict and litigation becomes necessary.鈥

鈥淓xisting California law prohibits the killing of nongame migratory birds except in limited circumstances,鈥 he added. 鈥淭he confusion around the MBTA has highlighted uncertainties in how California law will be applied and forced the State of California to better define how it will protect migratory birds going forward.鈥

Lynes describes AB 2627 as a common sense way for both conservationists and industry to arrive at certainty.

鈥淎B 2627 is intended to reduce conflicts by incentivizing use of well-established best management practices,鈥 he said. 鈥淚t provides a pathway for companies to comply with existing state law that does not exist today.鈥

In California, we have a chance to avoid the chaos and conflict around the MBTA by passing AB 2627.