Nesting Birds Sample Clauses
The Nesting Birds clause is designed to protect birds that are actively nesting within a project area. It typically requires that construction or other disruptive activities be avoided or minimized during the breeding season, or that surveys be conducted to identify active nests before work begins. For example, if a project is scheduled during spring or early summer, the clause may mandate a pause or relocation of work if nesting birds are found. This clause helps ensure compliance with wildlife protection laws and reduces the risk of harming protected bird species or violating environmental regulations.
Nesting Birds. Permittee shall avoid impacts to nesting birds by implementing the following protection measures.
Nesting Birds. Permittee shall ensure that impacts to nesting birds are avoided through the implementation of preconstruction surveys, ongoing monitoring, and if necessary, establishment of minimization measures
2.6.1 Permittee shall designate a biologist experienced in: identifying local and migratory bird species; conducting bird surveys using appropriate survey methodology nesting surveys, techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.
2.6.2 Surveys shall be conducted by the Designated Biologist at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Project activities addressed by this Agreement. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, ▇▇▇▇▇▇▇, cavities, and structures. Survey duration shall take into consideration the size of the property; density and complexity of habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nesting locations and nesting behavior (i.e., copulation, carrying food or nest materials, nest building, removal of fecal sacks, flushing suddenly from atypically close range, agitation, aggressive interactions, feigning injury, or distraction displays, or other behaviors). If a nest is suspected, but not confirmed, the Designated Biologist shall establish a disturbance-free buffer until additional surveys can be completed or until the location can be inferred based on observations. The Designated Biologist shall not risk failure of the nest to determine the exact location or status and will make every effort to limit the nest to potential predation as a result of survey/monitoring efforts (i.e., limited number of surveyors, limited time spent at/near the nest, scan the site for potential nest predators before approaching, immediately depart nest area if indicators of stress or agitation are displayed). If a nest is observed, but thought to be inactive, the Designated Biologist shall monitor the nest for 1 hour (4 hours for raptors during the non-breeding season) prior to approaching the nest to determine the s...
Nesting Birds. Permittee should, if feasible, not remove or otherwise disturb vegetation or conduct any other Project-related activities on the Project site from February 1 to September 15 to avoid impacts to breeding/nesting birds. If the nesting season cannot be avoided and construction or vegetation removal occurs between February 1 to September 15 (January 1 to July 31 for raptors), then Permittee shall make every effort to clear vegetation before February 1 (January 1 for raptors) and shall implement one of the following measures to avoid and minimize impacts to nesting birds.
2.21.1 The Qualified Biologist shall survey for breeding/nesting habitat within and adjacent to the Project site for breeding/nesting birds. A minimum of two
Nesting Birds. Actively nesting birds and their nests shall not be disturbed by project activities. If construction, grading, vegetation removal, or other project- related improvements are necessary during the nesting season of protected raptors and migratory birds (March 1 through August 15), the Permittee shall notify CDFW of proposed work and a focused survey for bird nests and/or nesting behavior shall be conducted by a qualified biologist within seven days prior to the beginning of project-related activities. Surveys should encompass the area up to 50 feet from disturbance to account for songbirds, and up to 250 feet from disturbance for raptors. If a nest is found or suspected to be present, Permittee shall consult with CDFW regarding appropriate action to comply with the Migratory Bird Treaty Act of 1918 and Fish and Game Code. If a lapse in project-related work of seven days or longer occurs, another focused survey, and if required, consultation with CDFW shall be required before project work can be reinitiated.
Nesting Birds. 21.1 The Contractor shall take into consideration the bird-nesting season. Where ▇▇▇▇▇▇ are found to house nesting birds, the Contractor shall be required to cease cutting the immediate vicinity of the nest and inform the Administrator as soon as is practical.