Common use of Avoidance and Minimization Measures Clause in Contracts

Avoidance and Minimization Measures.  If a San ▇▇▇▇▇▇▇ kit ▇▇▇ den is discovered in the proposed project footprints, the den will be monitored for 3 days by a USFWS/CDFW–approved biologist using a tracking medium or an infrared beam camera to determine if the den is currently being used.  Unoccupied dens should be destroyed immediately to prevent subsequent use.  If a natal or pupping den is found, USFWS and CDFW will be notified immediately. The den will not be destroyed until the pups and adults have vacated and then only after further consultation with USFWS and CDFW.  If kit fox activity is observed at the den during the initial monitoring period, the den will be monitored for an additional 5 consecutive days from the time of the first observation to allow any resident animals to move to another den while den use is actively discouraged. For dens other than natal or pupping dens, use of the den can be discouraged by partially plugging the entrance with soil such that any resident animal can easily escape. Once the den is determined to be unoccupied it may be excavated under the direction of the biologist. Alternatively, if the animal is still present after 5 or more consecutive days of plugging and monitoring, the den may have to be excavated when, in the judgment of a biologist, it is temporarily vacant (i.e., during the animal’s normal foraging activities).

Avoidance and Minimization Measures.  If a San ▇▇▇▇▇▇▇ kit ▇▇▇ den is discovered in the proposed project footprintsdevelopment footprint, the den will be monitored for 3 days by for a USFWS/CDFW–approved CDFG‐approved biologist using a tracking medium or an infrared beam camera to determine if the den is currently being used.  Unoccupied dens should will be destroyed immediately to prevent subsequent use.  If a natal or pupping den is found, USFWS and CDFW CDFG will be notified immediately. The den will not be destroyed until the pups and adults have vacated and then only after further consultation with USFWS and CDFWCDFG.  If kit fox activity is observed at the den during the initial monitoring period, the den will be monitored for an additional 5 consecutive days from the time of the first observation to allow any resident animals to move to another den while den use is actively discouraged. For dens other than natal or pupping dens, use of the den can will be discouraged by partially plugging the entrance with soil such that any resident animal can easily escape. Once the den is determined to be unoccupied it may will be excavated under the direction of the biologist. Alternatively, if the animal is still present after 5 or more consecutive days of plugging and monitoring, the den may have to be excavated when, in the judgment of a biologist, it is temporarily vacant (i.e., during the animal’s normal foraging activities).

Avoidance and Minimization Measures.  If a San ▇▇▇▇▇▇▇ kit ▇▇▇ den is discovered in the proposed project footprints, the den will be monitored for 3 days by a USFWS/CDFWCDFG–approved biologist using a tracking medium or an infrared beam camera to determine if the den is currently being used.  • Unoccupied dens should be destroyed immediately to prevent subsequent use.  • If a natal or pupping den is found, USFWS and CDFW CDFG will be notified immediately. The den will not be destroyed until the pups and adults have vacated and then only after further consultation with USFWS and CDFWCDFG.  • If kit fox activity is observed at the den during the initial monitoring period, the den will be monitored for an additional 5 consecutive days from the time of the first observation to allow any resident animals to move to another den while den use is actively discouraged. For dens other than natal or pupping dens, use of the den can be discouraged by partially plugging the entrance with soil such that any resident animal can easily escape. Once the den is determined to be unoccupied it may be excavated under the direction of the biologist. Alternatively, if the animal is still present after 5 or more consecutive days of plugging and monitoring, the den may have to be excavated when, in the judgment of a biologist, it is temporarily vacant (i.e., during the animal’s normal foraging activities).