Los Angeles Times

Nesting tree tear-down under scrutiny in O.C.

- By Hannah Fry hannah.fry@latimes.com Twitter: @HannahFryT­CN

Authoritie­s are investigat­ing a company that Newport Beach residents say tore down a tree full of protected birds.

Neighbors in Balboa Peninsula Point said they stood on the sidewalk in disbelief last week as workers knocked down a large tree that was home to two types of herons.

Authoritie­s declined to release the name of the company involved, citing an “active criminal investigat­ion.”

Residents said the distressed birds circled above the tree, which sat on the site of a demolished house in the 1500 block of East Balboa Boulevard, as their nests and chicks fell to the ground. The site had been undergoing constructi­on for weeks, neighbors said. All work has been halted.

Officials said the tree was on private property and could be torn down without a permit. But federal law prohibits anyone from disturbing or removing active birds’ nests from trees.

Newport Beach animal control and the California Department of Fish and Wildlife are investigat­ing the crew for a possible misdemeano­r violation of the Migratory Bird Treaty Act of 1918, animal control Officer Nick Ott said.

Animal control officials took 10 chicks to the Wetlands & Wildlife Care Center in Huntington Beach; two died.

The tree was known to provide an annual nesting spot for snowy egrets and black-crowned night herons, neighbors said.

“They kept tearing down the tree, even though all these birds were freaking out all over the place,” neighbor Nicole Snell Deermount said.

“Birds were f lying everywhere.”

Deermount said her husband, Adam, was walking the family dog when he noticed a chick struggling in the branches piled on the ground. He called animal control, which took the bird to the rescue center.

After the investigat­ion is complete, the agencies will submit their findings to the Orange County district attorney’s office, Ott said. Prosecutor­s will decide whether to file charges.

If convicted, those involved could face six months to a year in jail and be or- dered to pay fines. The case also could be prosecuted at the federal level, officials said.

 ?? Shelley Ervin Daily Pilot ?? A BIRD sits atop the remains of a tree that officials think was torn down in violation of protection laws.
Shelley Ervin Daily Pilot A BIRD sits atop the remains of a tree that officials think was torn down in violation of protection laws.

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