California Fish & Game Code §3503 to §3516 protect native birds, nests, and eggs, with raptors and migratory species getting enhanced safeguards. Santa Clara County Title C reinforces wildlife protection by banning intentional harm and feeding in unincorporated areas.
California Fish & Game Code §§3503-3516 protect virtually every native bird, prohibiting taking or possessing birds, nests, or eggs without a permit. Raptors get enhanced protection under §3503.5, and migratory non-game birds are covered by §3513, mirroring the federal Migratory Bird Treaty Act. In unincorporated Santa Clara County, SCC Title C and related health and safety rules ban intentional harm to wildlife (firearm discharge, poisoning, certain trapping) and intentional wildlife feeding that creates nuisance flocks. CDFW handles bird-specific enforcement; SCC Animal Services and the Sheriff respond to local wildlife harm calls. Hummingbirds, hawks, and owls are common residents.
Killing or harassing protected birds, or destroying active nests with eggs or chicks, can mean misdemeanor charges under Fish & Game Code §3503 plus federal MBTA exposure. SCC Title C violations add county citations, fines, and possible criminal referral.
See how San Jose's bird protection rules stack up against other locations.
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