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Newport Beach, CA Animal Ordinances: Bird Protection (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Protected species
Ducks, gulls, terns, pelicans
Covered area
Within 1/2 mile of Newport Bay/ocean tide line
Incubation without license
Prohibited (§ 7.26.020)
Pigeon/wild fowl permit
Required in residential districts
First/second offense
Warning + education, not citation

Summary

Newport Beach bars anyone without a state or federal wildlife license from incubating or otherwise propagating eggs of ducks, terns, gulls or pelicans found on or near Newport Bay. The city adopted the rule to keep the bay's waterfowl habitat as close to natural as possible.

No person, unless permitted or licensed to do so by the California Department of Fish and Game or the United States Fish and Wildlife Service, shall incubate or otherwise assist in the propagation of eggs produced by waterfowl such as ducks, terns, gulls or pelicans found on or adjacent to Newport Bay.

Full Breakdown

26, Protection of Natural Habitat for Migratory and Other Waterfowl, opens with City Council findings that Newport Bay's waters contain important habitat for migratory waterfowl and other birds such as ducks, gulls, terns and pelicans, and that this habitat is best protected by replicating the natural environment, including not intervening in the propagation of waterfowl unless licensed by resource agencies. 020, Prohibition on Incubation, turns that finding into an enforceable rule: no person, unless permitted or licensed by the California Department of Fish and Game or the United States Fish and Wildlife Service, may incubate or otherwise assist in the propagation of eggs produced by waterfowl such as ducks, terns, gulls or pelicans found on or adjacent to Newport Bay.

010 imposes the same permit requirement on anyone keeping wild fowl or game birds outdoors in a cage or aviary in a residential district, exempting only small domesticated birds like parakeets and canaries. 050 requires the city to issue a warning with educational material for a person's first and second violations before any administrative citation is issued, explaining the water-quality and habitat benefits behind the chapter's prohibitions.

Violations & Fines

A third or later violation of Chapter 7.26 can draw an administrative citation once the city has already issued warnings and educational material for the first two offenses under Section 7.26.050. Keeping pigeons or wild fowl in a residential district without the Wild Animal Permit required by Sections 7.15.010 and 7.15.020 is a separate infraction under Section 7.15.030, enforced through the same Chapter 7.08 permit and Police Department process.

Frequently Asked Questions

Can I raise duck or gull eggs I find near Newport Bay?
No. Section 7.26.020 prohibits incubating or otherwise assisting in the propagation of waterfowl eggs found on or adjacent to Newport Bay unless you hold a permit or license from the California Department of Fish and Game or the U.S. Fish and Wildlife Service.
Do I need a permit to keep pigeons in Newport Beach?
Yes, if you live in a residential district. Section 7.15.020 requires a Newport Beach Wild Animal Permit for homing or racing pigeons, and Section 7.15.010 requires the same permit for other wild fowl or game birds kept outdoors, though it exempts small domesticated birds like parakeets and canaries.
Does Newport Beach cite people immediately for disturbing waterfowl habitat?
Not on a first offense. Section 7.26.050 requires the city to give a warning along with educational material on the first and second violations of Chapter 7.26 before pursuing an administrative citation.

Sources & Official References

Other rules in Newport Beach

All Newport Beach rules

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