Understanding Biological Regulations: Bird Nesting & Japanese Beetle

Bird Nesting Season

As spring approaches, so does the most sensitive time of year for birds – the bird nesting season. In the Lower Mainland, most bird nesting occurs between approximately March 1 and August 31, though a few species start nesting in January-February, finish in September, or nest year-round.

Bird nesting can happen on nearly any type of site. Nests can be found anywhere from lawns to forests to buildings to empty gravel lots, and everywhere in between. Many projects will encounter some type of bird nesting issue depending on landscape context, site conditions, and the time of year when works occur.

Our professional biologists can help guide you through best practices for avoiding impacts to birds and their nests, including conducting surveys and providing monitoring, permitting and mitigation services where needed.

Two common situations where clients find value in our services are: Birds and Active Nests and Nests Protected Year Round.

Birds and Active Nests | In British Columbia, most native birds and their active nests are protected by the provincial Wildlife Act, with active nests defined as those containing a bird or its egg. Many native birds and their active nests are also protected by the federal Migratory Birds Convention Act, 1994 (MBCA) and its Migratory Birds Regulations, 2022 (MBR), with active nests defined federally as those containing a live bird or viable egg. Some birds and their nests are also protected by the federal Species at Risk Act (SARA).

On many sites, active bird nests will be present somewhere on site for much of the spring and summer, as our region has many species with different nesting periods. Some birds can even have multiple sets of young per year. As such, the best way to avoid negative impacts to birds and their active nests is to avoid scheduling works like land clearing or building demolition during the nesting season, or at least the nesting season of birds anticipated to be present on site.

If that isn’t possible, the likelihood of negative impacts can be reduced by having a Qualified Environmental Professional (QEP) conduct a bird nesting activity survey in advance of works. Should the QEP observe evidence of bird nesting activity, they will prescribe no-disturbance buffers to each nesting activity location and provide advice as to timelines for resumption of works in those areas.

Some municipalities require that proponents submit nesting activity survey reports before tree removal permits will be issued. Regardless of municipal requirements, it is every proponent’s responsibility to ensure compliance with provincial and federal legislation.

Nests Protected Year-Round | The nests of some bird species are protected year-round (including when inactive) by either the Wildlife Act or the MBCA and MBR. Nests protected year-round by the Wildlife Act include those of eagles, peregrine falcon, gyrfalcon, osprey, heron, and burrowing owl. Nests protected year-round by the MBCA and MBR include several species of seabirds, herons, and egrets, as well as pileated woodpecker. In the Lower Mainland, nests protected year-round are likeliest to be those of bald eagle, peregrine falcon, osprey, great blue heron, and pileated woodpecker. Permits to remove nests protected year-round, outside of the nesting season, may be obtained in certain circumstances.

The best way to avoid impacts to nests protected year-round is to have a QEP complete a survey for these nests well in advance of project works, ideally before site designs are finalized. Should any such nests be detected, or should the site be identified as a location where such a nest might occur, the QEP can provide advice on best practices for nest protection and permitting requirements, as applicable.

Japanese Beetle

The Japanese beetle (Popillia japonica) is an invasive insect that was introduced to North America from Japan in 1916, and can cause widespread damage to crops, turf grass, and garden plants. The Canadian Food Inspection Agency (CFIA) made several updates to its response to control the Japanese Beetle in May 2023, including a relaxation of soil movement controls. The CFIA also expanded the regulated area where the movement of plants with soil attached is restricted. This regulated area now encompasses central and south Vancouver, an area north of Burnaby Lake, and the majority of Port Coquitlam.

Understanding the Movement of Soil | The movement of plants with roots and soil or media attached is still regulated year-round.  These cannot be moved out of the regulated areas in Vancouver, Burnaby, and Port Coquitlam without a permit from CFIA. These regulations remain in place in 2025.

Those wishing to transport soil out of the regulated area will require a CFIA issued movement certificate. The purpose of the movement certificate is to ensure that the top 30 cm of soil – where Japanese beetle larvae tend to occur – undergoes a CFIA-approved treatment or disposal method, such as disposal via deep burial. Soil that is deeper than 30 cm, and soil that is beneath an impermeable surface (i.e., asphalt, cement, or plant barrier) will still require a movement certificate, but a specific treatment or deep burial disposal is not required.

To obtain a movement certificate, an application must be submitted to CFIA. Applicants must describe the soil type to be relocated from the regulated area (e.g., top 30 cm of soil), the intended end use for the soil, origin and destination addresses, and number of shipments. Submitted applications may take up to five business days to be reviewed before a certificate is issued. Additional guidance on the movement of plants or plant parts with soil attached from within regulated areas can be found here.

Reporting the Japanese Beetle | To report Japanese beetle or larvae sightings, email the CFIA with high-resolution photographs. When possible, collect intact Japanese beetles and store them in the freezer inside a sealed hard-sided container. You can also contact CFIA via phone at 604-292-5742 for further instructions.