Bird Protection: San Francisco vs San Jose
How do bird protection rules compare between San Francisco, CA and San Jose, CA?
San Francisco, CA
San Francisco County
No data available yet for San Francisco.
San Jose, CA
Santa Clara County
California Fish and Game Code sections 3503 through 3516 protect almost all native birds, nests, and eggs across San Jose. It is illegal to take, possess, or destroy nests or eggs without a permit. The federal Migratory Bird Treaty Act and city urban habitat policies add another protective layer.
View full San Jose rules →Key Facts Comparison
| Fact | San Francisco | San Jose |
|---|---|---|
| State statute | - | Fish and Game Code §§3503-3516 |
| Federal law | - | Migratory Bird Treaty Act |
| Nesting season | - | Roughly February through August |
| Lead agency | - | CDFW with USFWS |
| Construction duty | - | Survey and avoid active nests |
Highlighted rows indicate differences between cities.
San Francisco FAQ
No FAQs available.
San Jose FAQ
Can I trim a tree with a bird nest in it?
Not while the nest is active. Fish and Game Code section 3503 protects nests and eggs of native birds. Trim outside nesting season (roughly February to August) or have a qualified biologist clear the tree first.
What about pigeons, starlings, and house sparrows?
Non-native species like rock pigeons, European starlings, and house sparrows are not protected by the Migratory Bird Treaty Act, but humane control rules under Penal Code §597 still apply, and city nuisance laws constrain how you remove them.
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