m2.07 wildlife c - Oregon...3 Things to Remember on Projects Environmental Construction Inspector December 2019 Wildlife 7-4 (1) Biological resources are more than fish (2) Everything

Environmental Construction Inspector December 2019

Wildlife 7-1

Wildlife and Wildlife Habitat

Wildlife and Wildlife Habitat

Chris MaguireODOT Wildlife Biology Program Lead

(503) [email protected]

cliff swallow

Wildlife Training Topics

Wildlife challenges

Laws that protect wildlife

Protected wildlife species

Wildlife specs

Miscellaneous wildlife considerations

Inspector responsibilities

grey wolf fws.gov


Wildlife 7-2

Wildlife Challenge: Mobility

Scoping may not reveal all mobile protected wildlife

Specs may not equal compliance if regulated wildlife unexpectedly appear on a project (be aware; call the REC)

northern shrike

Bird examples

Birds nest just about everywhere…


Wildlife 7-3

(1) Biological resources are more than fish

(https://kidsaquariumsquotes.wordpress.com)

osprey

large scale sucker

3 Things to Remember on Projects


(2) Everything is connected to everything else(1st Law of Ecology, Barry Commoner)

Butterfly Effect



Wildlife 7-4


(2) Everything is connected to everything else(1st Law of Ecology, Barry Commoner)

(3) Just because you can doesn’t mean you should


(https://coderedsafety.com/blog/ladder-safety/)

Wildlife Specs

00290.36 Protection of Wildlife and Wildlife Habitat

Comply with the laws* of the Oregon Department of Fish and Wildlife (ODFW) and U.S. Fish and Wildlife Service (USFWS)

Conduct operations to avoid any hazards to the safety and propagation of wildlife(This requires the Project Team and contractor to plan ahead and the inspector to be alert.)

*We will only discuss laws that most impact transportation projects


Wildlife 7-5

Boilerplate Special Wildlife Specs

00290.36 Protection of Wildlife andWildlife Habitat

Migratory Birds

Wildlife Avoidance/Harassment (High Noise)

Bats

barn swallows

Birds are the focus of this training because they can be present

on every project.


Wildlife 7-6

Migratory Birds (3 primary laws in Oregon)

1. Endangered Species Act (federal and state)(ESA; includes species other than birds; 8 federal and state-listed species)

2. Migratory Bird Treaty Act (MBTA; ~500 species)

3. Bald and Golden Eagle Protection Act (BGEPA; 2 species)

Don’t hurt a bird!!

Actions Prohibited w/o Permit

Action ESA MBTA BGEPA

Birds (move, harm, kill) P P P

Birds (harass, disturb) P Call REC P

Eggs (move, harm, kill) P P P

Active* nests (move, destroy) P P P

Inactive nests (move, destroy) P A P

Habitat (alter, destroy) Call REC Call REC Call REC

*Active Nest = has eggs or flightless young

P = Prohibited

A = Allowed


Wildlife 7-7

Incidental Take, M-Opinions and CONFUSION

Incidental Take – take that is incidental to a lawful activity; disputed under the MBTA

M-Opinions – official opinions from the Department of the Interior (DOI) Solicitor’s Office that carry substantial weight in how DOI applies and enforces its wildlife laws

Incidental Take and the M-Opinions

M-37041 (10 Jan 2017) – Incidental take violates the MBTA

M-37050 (22 Dec 2017) – Incidental take does not violate the MBTA

8 State Civil Action (5 Sept 2018) against M-37050 –includes Oregon


Wildlife 7-8

M-37050 and ODOT Projects

Take applies to affirmative (assenting/knowing)

actions that have as their purpose (intention) the taking of migratory birds/nests/eggs.

Likely take(during nesting season)

Purposeful take(if active nests are impacted)

(Astoria-Megler Bridge navigation light failure, July 2019)

No Take


Wildlife 7-9

What Does This Mean for ODOT?

No change in procedures:

Prevent nesting

Avoid injury

HOW?...

ODOT MBTA 4-Part Compliance Strategy

a) MBTA Highway Directive

b) Project Specifications

c) MBTA Miscellaneous Special Purpose Permit

d) USDA APHIS-WS (United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services)


Wildlife 7-10

MBTA is a “strict liability law”

This means that a party can be convicted under the statue without demonstration of specific intent or guilty knowledge.

This means YOU!!

a) ODOT MBTA Highway Division Directive

Provides agency personnel with guidelines and strategies to ensure that appropriate and reasonable measures are taken to prevent injury to and death of migratory birds.

All employees must “practice due diligence to safeguard migratory birds while carrying out employment duties”.

ruby-crowned kinglet

ENV 01-01


Wildlife 7-11

Transportation MBTA Violation Example

Oklahoma 2012 bridge repair

818 cliff swallow eggs destroyed

Contractor fined $372,750 (non-prosecution agreement)

1 employee pled guilty to 1 count of scraping down a nest with 1 egg (given 3 months probation and 10 hours of community service)

b) Specs: 00290.36 Migratory Birds

Comply with the MBTA which protects most species of birds in Oregon

Do not remove or disturb nests containing eggs and dependent young (i.e., active nest)

Do not disturb the surfacethe active nest is built on

Do not inhibit adults from caringfor young

American goldfinch


Wildlife 7-12

00290.36 Migratory Birds (continued)

If migratory bird nests are encountered that contain eggs or dependent young, stop all actions that may disrupt the nest (including noise and visual) and contact the Engineer.

Do not resume work that may disrupt nesting until approved by the Engineer.

killdeer

barn owl

robin egg

c) ODOT MBTA Permit

ODOT biological staff are authorized to take birds

If APHIS-Wildlife Servicesis contracted for bird management, APHIS is authorized to take birds; APHIS is not a regulatory agency

Private contractors and Local Governments are not authorized to take birds (except by special permission)

ODOT and WSDOT are the only DOTs with a statewide programmatic MBTA permit.

(based on Hwy Directive and due diligence to protect)


Wildlife 7-13

ODOT MBTA Permit (continued)

NOT a “get out of jail for free” permit

Has very limited take (i.e., “prohibited actions”) authorization

Requires tracking and reporting of take to ODOT Wildlife Program lead

4 MBTA Take Permit Scenarios

Project TypePermit Holder

Take Authorization

Typical ODOT ODOTODOT Biological

Staff & APHIS

Uncommon ODOT ODOTContractor’s

Biologist (w/permission)

Typical Local Gov ODOTODOT Biological

Staff & APHIS

Some Local Govs Local Gov ???

2

3

4

1


Wildlife 7-14

Bird management activities will be performed by the Agency (i.e., ODOT Biological staff or USDA APHIS-Wildlife Services)

Ensure that Agency and its permitted agents have access to the project areas as needed to prevent migratory bird nesting (i.e., harassment & exclusionary devices)

Notify the Engineer, in writing, a minimum of 10 calendar days prior to starting activities that could harm nesting birds (should have been discussed during design)

1&3: Typical ODOT/Local Gov Projects

ODOT Permit

Avoid disturbing migratory bird nesting habitat (shrubs, trees, structures) from March 1 to September 1 of each year.*

If avoidance is not possible, obtain approval from the Engineer before falling trees or clearing vegetation that could disturb migratory bird habitat between March 1 and September 1.

*Vegetation clearing often occurs under separate contract

1&3 Cont.


Wildlife 7-15

When the project is of such magnitude or complexity that neither ODOT Biological staff nor APHIS-Wildlife Services is able to oversee bird management

Contractors (with Environmental Resources Unit Manager pre-

approval) may be tasked with the work

A Bird Management Plan is requiredfrom the Contractor

2: Uncommon ODOT Projects

ODOT Permit

Submit a migratory bird protection plan for review and approval at least 10 calendar days before pre-construction conference and include:

List of qualified biologists

Methods to prevent nesting/avoid nesting birds

Exclusionary measures implementation/inspection schedule

In the event the Contractor fails to prevent nesting of native birds, the Engineer may suspend workaccording to 00180.70

2 Cont.


Wildlife 7-16

3 General Methods to Prevent Nesting

Deny access

Harass

Remove nests under construction

(Source: Wildlife Haven Rehabilitation Centre/Facebook; April 2019)

To Prevent Nesting

Cliff swallows 4-13 California

a) Deny access - Physical barriers

NetsSpikes

Mesh


Wildlife 7-17

To Prevent Nesting

Cliff swallows 4-13 California

b) Harass - Visual, auditory

Noise cannon

Reflector tape

Kite

Decoy

To Prevent Nestingc) Remove inactive nests as they are being built…

Paintballs

Scrapers

Poles


Wildlife 7-18

To Avoid Nesting Birds

Submit a migratory bird protection plan for review and approval at least 10 calendar days before pre-construction conference and include:

Measures to avoid disturbance to migratory bird nesting habitat from March 1 to September 1

In the event nesting birds are encountered during construction, the Engineer may suspend work according to 00180.70

nuthatch


It’s all about timing and location (no work zone)

No Work Zone


Wildlife 7-19

SP290.36 Wildlife Avoidance/Harassment (High Noise – mostly for ESA and BGEPA)

Examples

Non-blasting high noise [as defined in specs] producing construction activities are not allowed between [date] and [date].

Non-blasting high noise producing construction activities conducted from [date] to [date] shall implement a daily limited operating period of daytime work being conducted from 2 hours after sunrise to 2 hours before sunset.

Volume, Date, Hours


SP290.36 Wildlife Avoidance/Harassment (Sight Distance – mostly for ESA and BGEPA)

Example:

Minimize visual activity within 0.25 miles of suitable open sand beach nesting habitat during the snowy plover nesting season from March 1 to August 15.



Wildlife 7-20

Local Government MBTA permit conditions may differ from the ODOT permit

Contractors and Local Government personnel may be authorized to take birds not just APHIS-Wildlife Services

Know the terms and conditions of the specific MBTA permit that covers the project

4: If a Local Gov Uses Its Own MBTA Permit

Local Gov MBTA Permit Spec Example

00290.36 Migratory Birds

Bird management activities to comply with the MBTA will be performed by _____ County and its permitted agents as documented in the _____ County MBTA permit. Ensure that _____ County and its permitted agents have access to the project area…

NOTE: The specific MBTA permit conditions may not be directly stated in the specs.


Wildlife 7-21

Remember: Everything is connectedto everything else…

Once there was an old bridge and its replacement was being constructed…

And then birds nested on the old bridge…and its demolition was delayed…and an In-Water Work Extension had to be requested…and…and…

R1 I84 Bald Eagle - February 2013Portland Fire & Rescue

Note: A permit is not needed to assist an injured bird (but you can’t bring it home); contact USFWS Enforcement (not OSP)

The Good Samaritan

R4 OR53 Spotted OwlSeptember 2018

R2 US126 HawkFebruary 2019


Wildlife 7-22

Any Bird Questions?

(Graphic from Mothers Against Wind Turbines)

00290.36 Bats (the only mammal that flies)

Fringed myotis

Yuma myotis Hoary bat

(Photos by Michael Durham)


Wildlife 7-23

15 species of bats in Oregon (all are insectivorous); 8 are Oregon Conservation Strategy Species

Biggest threats: human activities (e.g., habitat loss, pesticides) and disease (e.g., white-nose syndrome)

ODOT protects bats and enhances their habitats to help prevent them from being listed under the ESA

Townsend’s big-eared bat

Bats - Background

(NY Dept of Environmental Conservation)

00290.36 Bats

2 general roosting conditions (where bats “hang” out)

Crevices

Caves

NPS/Michael Durham

(USDA APHIS Wildlife Services)



Wildlife 7-24

00290.36 Bats

Two major “signs” of bats presence

Sightings

Droppings

(Photo from Centurian Services)

(Montgomeryshire Wildlife Trust)


00290.36 Bats

Revised bat specs are pending

No new expectations

Greater clarification

Current Bat Spec:Avoid destruction of bat colonies as shown.

Maternity…Hibernating…Diurnal Roosting



Wildlife 7-25

00290.36 Bats

Maternity colonies

~ late May through mid-August

(Bentwing bats by Steve Bourne)(Photo by Ailbhe Redmond)

00290.36 Bats

Hibernating colonies

~ winter months

(Bat Conservation Trust)

(Townsend’s big-eared bats, central Oregon, Jim Anderson)


Wildlife 7-26

00290.36 Bats

Diurnal roosting

~ non-hibernating months


Revised 00290.36 Bats

Do not disturb bat colonies

If bats are encountered, stop all actions in the area and contact the Engineer

Do not resume work until approved by the Engineer

REC will assess bat status

USDA APHIS Wildlife Services may assist


Wildlife 7-27

Revised 00290.36 Bats

Schedule bridge work that may disturb resident bats between (date) and (date).

Bat management activities will be performed by the Agency…or…

Install exclusionary devices to prevent bats from accessing suitable bridge habitat (netting, hole blockers, one-way valves…)

Project scoping will usually determine the presence of bat colonies.

00290.36 Bats

If exclusionary methods are used, ensure that animals aren’t trapped.

One way valve

Dead barn owls

(USDA APHIS Wildlife Services photos)


Wildlife 7-28

2015 Region 3 Bat Bite Incident

Don’t put unprotected fingers in cracks.

Unexpected Bats?

Call the REC!

Unexpected Bats?

Call the REC!

(S Fork Coquille River Bridge)


Wildlife 7-29

Special Wildlife SituationsSpecial Wildlife Situations

Steller Sea Lion - USFWS

Project Specific Specials

Bat Habitat Plans – Crevices

Wing creviceDimensions

and locations are critical


Wildlife 7-30

Bat Habitat Plans – “Caves”

00290.35 Marine Mammals*(seals, whales, dolphins, otters, walruses)

Marine Mammal Protection Act (MMPA)

Endangered Species Act (ESA)

Wikipedia Wikipedia

California sea lion

*Up to the Bonneville Dam

Contact the REC immediatelyif you see a

marine mammal

http://www.pbs.org/wgbh/nova/nature/smart-marine-mammals.html


Wildlife 7-31

(Coordinate with the ODOT REC and the ODOT National Marine Fisheries Liaison to develop appropriate specification language.)

Add the following subsection:

00290.35 Protection of Marine Mammals - Comply with the Laws of the Oregon Department of Fish and Wildlife, National Marine Fisheries Service, and U.S. Fish and Wildlife Service. Conduct operations to avoid any hazards to the safety and propagation of marine mammals.

00290.35 Marine Mammals

Other Protected Terrestrial Animals

Mammals (e.g., wolf, wolverine)

Amphibians (e.g., Oregon spotted frog)

Invertebrates (e.g., certain butterflies, fairy shrimp)

If these species will be impacted, work restrictions will be project specific


Wildlife 7-32

Wildlife Passage

Species/location specific

Wildlife Passage

https://watch.opb.org/video/oregon-field-guide-wildlife-crossings/


Wildlife 7-33

Inspector Responsibilities

Be on the lookout for signs of wildlife and think ahead

Remember that everything is connected to everything else (1st Law of Ecology)

Don’t hurt a bird

Know which MBTA permit is in use and if APHIS-Wildlife Services is involved

Leave wildlife decisions to the specialists (Call the REC)

7-34

OREGON DEPARTMENT OF TRANSPORTATION CONSTRUCTION MANUAL

Chapter 11 11 - 11 Updated 10/13

11-8 ∗MIGRATORY BIRD TREATY ACT

The Migratory Bird Treaty Act compliance is discussed in 00290.36(a).

If required by Special Provision, the Contractor must prepare and submit a migratory bird protection plan for review and Agency approval 10 Calendar Days before the Pre-Con. The Contractor may prepare the migratory bird protection plan in its own format, as long as all required information in Special Provision 00290.36(c) is included.

The PM should contact the Project Biologist or Regional Environmental Coordinator if they have any questions.

The PM must review and approve the migratory bird protection plan before the Contractor may commence Work.

∗ All marked text updated October 2013 7-35

7-36

Oregon Department of Transportation

rHighway Division

DIRECTIVE NUMBER

ENV 01-01 EFFECTIVE DATE

SUPERSEDES

New PAGE NUMBER

January 17, 2006 1 of 13 REFERENCE

SUBJECT APPROVED SIGNATURE

Migratory Bird Treaty Act (16 u.s.c. 703-712) Is/ � t ,;�;s,;oo Dep,ty □;,ecio,

PURPOSE:

To provide agency personnel involved in project delivery, construction, and maintenance with guidelines and strategies to ensure that appropriate and reasonable measures are taken to prevent injury to and death of migratory birds.

DEFINITIONS:

• Active nest - a nest containing eggs or young.• Appropriate - suitable for a particular condition, occasion, or place.• Conservation - the protection, preservation, management, or restoration of

wildlife and natural resources.• Context Sensitive and Sustainable Solutions (CS3) - an operational approach

that addresses the preservation of scenic, aesthetic, historical, environmental,economic, and community values while building safe and enduring transportationprojects.

• Due diligence - use of reasonable but not necessarily exhaustive efforts.• Environmental stewardship - the careful and responsible management of

natural resources.• Fledged - young that are capable of flight and can successfully leave the nest.• Indiscriminate - non-selective, wanton.• Migratory bird - the vast majority of wild bird species encountered in Oregon;

notable exceptions include European starling, house sparrow, and rock dove (feralpigeon).

• Migratory Bird Treaty Act (MBTA) - implements four bilateral treaties (betweenthe U.S. and Canada, Japan, Mexico, and the former Soviet Union) making itillegal to pursue, possess, injure, or kill migratory birds without a permit.

• Reasonably expect - to presume that one has acted sensibly under thecircumstances.

• Safeguard - strive to protect against potential harm.• USFWS - United States Fish and Wildlife Service, regulatory agency enforcing the

MBTA.

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Project Delivery Leadership Team:

Highway Division Directive ENV 01-01

Page 3

• Ensure that the protection of migratory birds is given due consideration in theentire project delivery system from inception through final project acceptance.

• Bring project MBTA compliance issues to the attention of the Natural ResourcesUnit.

Project T earn Leaders: • Ensure that migratory bird conservation principles and practices are implemented

as stipulated during project design.• Work with Biologists and Regional Environmental Coordinators to resolve MBTA

compliance issues.

Construction Project Managers: • Assist with developing contract language for implementation of the MBT A.• Verify that construction contractors understand how to implement MBTA

Guidelines and Strategies within projects.• Ensure that the agreed upon MBTA Guidelines and Strategies are adhered to

during construction activities.• Report to the Project Delivery Leadership Team any MBTA compliance issues that

occur on projects.

Maintenance Leadership Team: • Incorporate changes in MBTA Guidelines and Strategies as needed into the

Routine Road Maintenance Guide for Water Quality and Habitat BestManagement Practices (2004 Blue Book).

• Disseminate information on the MBTA Guidelines and Strategies to appropriatemaintenance personnel.

• Apprise the Natural Resources Unit of maintenance issues that should beconsidered in future revisions of the MBTA Guidelines and Strategies.

Maintenance District Managers: • Integrate appropriate MBTA Guidelines and Strategies into maintenance activities.• Provide training and disseminate information on the MBTA Guidelines and

Strategies to maintenance personnel.

Facilities (Maintenance) Managers: • Incorporate migratory bird conservation practices into facilities management.• Report MBTA compliance issues at maintenance facilities to the region Biologist.

7-39

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MBTA Guidelines and Strategies


Pages

Statement of Intent: This document provides strategies to guide project decision-making regarding compliance with the Migratory Bird Treaty Act (MBTA). Because each project provides its own set of MBTA challenges, this document recognizes the need for flexibility in selecting compliance strategies by providing a suite of possible options for consideration on a project by project basis.

Compliance Summary: Unless and except as permitted by regulation, it shall be unlawful to possess, pursue, hunt, take, capture, kill, or attempt to take, capture, or kill any migratory bird, any part, nest, or eggs of any such bird, or any product of any such bird or any part, nest, or egg thereof (16 U.S.C. 703).

I. Project Delivery

MBTA Focus for Project Delivery- Identify and incorporate migratory bird conservation principles and practices into ODOT projects and contracts through collaboration with appropriate federal, state, and non-governmental groups during planning efforts.

1) Vegetation/Habitat Preservation

Goal - Ensure that project activities are designed such that migratory bird habitat is not unnecessarily disturbed during project implementation and that nesting habitat is not disturbed during the nesting season.

Possible habitat preservation activities to require in projects to meet this goal:

• Avoid disturbing nesting habitat (i.e., vegetation or structures) during the nestingseason.

• Identify valuable bird nesting habitat within the project area and retain it if possiblewithin project limits.

• Prevent migratory birds from nesting on structures that will be repaired ordemolished prior to when young birds will fledge (e.g., employ exclusionarydevices or dispersal methods)

• Within the work area, avoid disturbing vegetation designated to remain followingproject completion; preservation of this vegetation includes keeping equipmentand materials off of the critical root zone.

• Avoid directly or indirectly damaging vegetation outside the work area.• Following consultation with the project Biologist or Regional Environmental

Coordinator (REC), undertake other actions not listed above that meet the MBTAgoal for preservation of bird habitat (see Construction section for additionalpossibilities).

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Page7

Possible habitat mitigation activities to incorporate into projects to meet this goal:

• Create snags in snag deficient areas.• Provide nest boxes and nesting structures.• Encourage multi-layered vegetation communities when practical.• Enhance habitat requirements for bird species in decline.• In consultation with the project Biologist or REC, identify other opportunities that

meet the MBTA goal for bird habitat mitigation.

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Page9

• Consult with the project Biologist or REC on tree/snag removal issues that ariseduring a project regarding compliance with the MBTA; seek additional advice fromthe Terrestrial Biology Team Leader in ODOT Central Services if warranted.

• Undertake other actions not listed above that meet the MBT A goal for tree/snagremoval within the context of the particular project.

NOTE: In the event that eggs or birds are injured or killed, contact the REC for advice on how to proceed.

3) Bridge Demolition or Repair

Goal-Avoid destroying active nests and injuring birds protected by the MBTA during bridge demolition or repair.

Possible activities to meet this goal:

• Prevent migratory birds from nesting on bridges that will be demolished or repairedprior to when young birds will fledge (e.g., employ exclusionary devices ordispersal methods).

• Physically remove nests that do not contain eggs to prevent active nests.• Inspect bridges for active nests prior to demolition or repair.• Delay demolition or repair if active nests are located.• Screen active nests from bridge repair activities.• Demolish or repair bridges outside the nesting season.• If occupied nests are encountered, continue work if the nests will not be destroyed

and their inhabitants will not be injured, and if parent birds will not be precludedfrom tending their nests to the extent that the eggs or young are negativelyimpacted.

• Consult with the project Biologist or REC on bridge demolition/repair issues thatarise during a project regarding compliance with the MBTA; seek additional advicefrom the Terrestrial Biology Team Leader in ODOT Central Service if warranted.

• Undertake other actions not listed above that meet the MBTA goal for bridgedemolition or repair within the context of the particular project.

NOTE: In the event that eggs or birds are injured or killed, contact the REC for advice on how to proceed.

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Possible actions to include in District IVM plans that meet this goal:


Page 11

• When and where feasible, vegetation will be cleared only if it is necessary for thesafe operation of the transportation system, to comply with state and local laws, orto control noxious weeds.

• As appropriate, low-growing plants will be planted that do not require maintenanceduring the nesting season (as identified by ODFW) of migratory birds; preferencemay be given to native plant species.

• When feasible, vegetation maintenance activities will occur outside the nestingseason, especially during the peak nesting season, unless safety, fire, weedcontrol, incident response, or state and local laws dictate otherwise.

• When feasible, the timing and width of required mowing will be adjusted tominimize impacts to nesting birds.

• When feasible, brush removal will be limited to no more than 20 feet from eitherend and under all maintained bridges unless necessary for sight distance and thestructural integrity of the bridge.

• If possible, inspect vegetation for active nests prior to clearing.• If an active nest is encountered, if possible, avoid disturbing the nest or

surrounding vegetation until the young have fledged.

3) Culvert/Bridge Maintenance and Repair

Goal -Avoid destroying active nests and injuring migratory birds while cleaning or repairing culverts and bridges.

• Follow the Bridge Washing Guidelines found in the Blue Book.• For state and federal endangered migratory birds known to occur on identified

ODOT structures, follow BMPs for maintenance activities described in relevantODOT management plans (e.g., Peregrine Falcon Management Plan 2002-2007).

• If state or federal endangered migratory birds are unexpectedly encounteredduring maintenance/repair activities, stop work immediately and contact the RECfor advice on how to proceed.

Possible activities to meet this goal, in addition to those identified in the Blue Book and other management plans:

• When feasible for scheduled work, prevent migratory birds from nesting onsections of transportation structures that will be cleaned or repaired prior to whenyoung birds will fledge (e.g., employ exclusionary devices or dispersal methods);bridges used for nesting by migratory birds are often noted in the bridgeinspectors' database.

• For sections of structures that will undergo maintenance/repair, physically removenests prior to egg laying (to prevent active nests) or after birds have fledged, whenfeasible.

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DEFINITIONS:

• Active nest-a nest containing eggs or young.


Page 13

• Best Management Practices (BMPs)-the performance of activities in a mannerthat minimizes impacts to protected species and their habitat.

• Conservation - the protection, preservation, management, or restoration ofwildlife and natural resources.

• Enhancement - an improvement.• Goal - an idealistic or long-term purpose.• Integrated Vegetation Management (IVM) - a decision-making and management

process that uses knowledge from a broad base of expertise, a combination oftreatment methods, and a monitoring and evaluation system to achieve vegetationmanagement goals.

• Migratory Bird Treaty Act (MBTA) - implements four bilateral treaties (betweenthe U.S. and Canada, Japan, Mexico, and the former Soviet Union) making itillegal to possess, pursue, wound, or kill migratory birds without a permit.

• Mitigation - an action taken to eliminate or reduce long-term damage to a system.• ODFW - Oregon Department of Fish and Wildlife.• Preservation - the activity of protecting something from loss.• REC - Regional Environmental Coordinator• Restoration - returning to a normal or healthy condition.• Strategy - a plan of action intended to accomplish a specific goal.• Tree - vegetation with a stem diameter greater than 6 inches.

METHODS TO PREVENT SUCCESSFUL NESTING BY MIGRATORY BIRDS:

Exclusionary Devices - any method that denies birds physical access to a nest site. • Nets• Curtains of vinyl plastic strips• Smooth, concave, fiberglass panels (for placement between an eave and wall)• Slick surface coatings (e.g., slick paint)• Ledge protectors (e.g., coils, pin and wire, points, shock wire, sticky repellents)• Hole blockers (e.g., foam, steel wool)

Dispersal Methods - any method that deters birds from producing active nests but does not exclude them from nesting areas.

• Visual deterrents (e.g., mobiles, predator models, scare balloons, tapes)• Auditory deterrents (e.g., sonic devices)• Sensory deterrents (e.g., chemical repellents)• Nest removal prior to egg laying (e.g., knock down with a pole, wash down with

water). NOTE: swallows are strongly attracted to old nests or to the remnants ofdeteriorated nests, so all traces of mud should be removed.

U.S. Department of Agriculture - Animal and Plant Health Inspection Service -Wildlife Services (USDA-APHIS-WS) - has the authority to manage wildlife conflicts with humans (including government agencies). 7-49

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Documents

m2.07 wildlife c - Oregon...3 Things to Remember on Projects Environmental Construction Inspector December 2019 Wildlife 7-4 (1) Biological resources are more than fish (2) Everything