Bottom line ... it depends on which state you are in. I've said this before. Guess someone didn't want to hear so I'll say it again.
Some states list the protected animals and anything not specifically listed is "fair game" year around. Other states list the animals that can be killed and the conditions they can be killed under. In those states anything not specifically listed is automatically "protected."
Know your state's laws.
I believe, but won't swear, that California, where the Sierra Shooting was done, lists the things that can be killed. If so, Justin Smeja did indeed break the law.
If it had been done here in Oregon it would have been legal unless there were some other illegal component ... shooting from or across a public road, shooting from a vehicle, hunting by prohibited methods (spotlight, for instance), or trespassing.
Know your state's laws. (See, said it again.) Do not assume what is true in one state has any resemblance to what is legal in another.
MIB