Common use of Nesting Birds Clause in Contracts

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 status. The Designated Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate. Results of pre-construction surveys shall be provided to CDFW per Measure 3.2. 2.6.3 When an active nest is confirmed, the Designated Biologist shall immediately establish a conservative buffer surrounding the nest based on their best professional judgement and experience. The buffer shall be delineated to ensure that its location is known by all persons working within the vicinity but shall not be marked in such a manner that attracts predators. Once the buffer is established, the Designated Biologist shall document baseline behavior, stage of reproduction, and existing site conditions, including the vertical and horizontal distances from proposed work areas, visual or acoustic barriers, and existing level of disturbance. Following documentation of baseline conditions, the Designated Biologist may choose to make adjustments to the buffer based on site characteristics, stage of reproduction, and types of Project activities proposed at/near that location. The Designated Biologist shall monitor the nest at the onset of Project activities (i.e., increase in the number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist determines that Project activities may be causing an adverse reaction, the Designated Biologist shall adjust the buffer accordingly. 2.6.4 Permittee, under the direction of the Designated Biologist, may also take steps to discourage nesting on the Project site, including moving equipment and materials daily, covering material with tarps or fabric, and securing all open pipes and construction materials. The Designated Biologist shall ensure that none of the materials used pose an entanglement risk to birds or other species. 2.6.5 The Designated Biologist shall be responsible for providing summary reports, as specified in Measure 3.3 to CDFW no less than once weekly during clearing, grading, excavation, and/or ground clearing activities regarding the nesting species identified onsite, discovery of new nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to establish buffers. If the Project results in the abandonment of, or damage to a nest, Permittee shall notify CDFW within 24 hours.

Nesting Birds. Permittee shall ensure that impacts to nesting birds are avoided through the implementation of preconstruction pre-construction surveys, ongoing monitoring, and if necessary, establishment of minimization measures. 2.6.1 2.4.1 Permittee shall designate a biologist (Designated Biologist(s)) experienced in: identifying local and migratory bird species; conducting bird surveys using appropriate survey methodology (United States Fish and Wildlife Service and/or CDFW-accepted species-specific survey protocols, available here: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇.▇▇▇/conservation/survey-protocols); nesting surveys, surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization EPIMS-SBR-19376-R6 Streambed Alteration Agreement Page 5 of 15 measures; and monitoring the efficacy of implemented avoidance and minimization measures. 2.6.2 2.4.2 Surveys shall be conducted by the Designated Biologist Biologist(s) at the appropriate time of day/night, during appropriate weather conditions, no more than 3 three (3) days prior to the initiation of Project 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 density, and complexity of the 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 nest locations and nesting behavior (i.e.e.g., copulation, carrying of food or nest materials, nest building, removal of fecal sacks, flushing suddenly from atypically close range, agitation, aggressive interactions, feigning injury, injury or distraction displays, or other behaviors). If a nest is suspected, but not confirmed, the Designated Biologist Biologist(s) shall establish a disturbance-free buffer until additional surveys can be completed completed, or until the location can be inferred based on observations. The Designated Biologist Surveyors 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 the survey/monitoring efforts (i.e.e.g., limited limit number of surveyors, limited limit 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, CDFW recommends the Designated Biologist shall Biologist(s) monitor the nest for 1 one hour (4 four hours for raptors during the non-non- breeding season) prior to approaching the nest to determine the status. The Designated Biologist Biologist(s) shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate. Results of pre-construction surveys shall be provided to CDFW per Measure 3.2. 2.6.3 2.4.3 When an active nest is confirmed, the Designated Biologist Biologist(s) shall immediately establish a conservative buffer surrounding the nest based on their best professional judgement and experience. The buffer shall be delineated to ensure that its location is known by all persons working within the vicinity but shall not be marked in such a manner that it attracts predators. Once the buffer is established, the Designated Biologist Biologist(s) shall document baseline behavior, stage of reproduction, and existing site conditions, including the vertical and horizontal distances from proposed work areas, visual or acoustic barriers, and existing level of disturbance. Following documentation of baseline conditions, the Designated Biologist Biologist(s) may choose to make adjustments to adjust the buffer based on site characteristics, stage of reproduction, and types of Project project activities proposed at/near that location. The Designated Biologist Biologist(s) shall monitor the nest at the onset of Project project activities addressed by this Agreement, and at the onset of any changes in EPIMS-SBR-19376-R6 Streambed Alteration Agreement Page 6 of 15 project activities (i.e.e.g., increase in the number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist Biologist(s) determines that Project project activities may be causing an adverse reaction, the Designated Biologist Biologist(s) shall adjust the buffer accordingly. 2.6.4 2.4.4 The Designated Biologist(s) shall be onsite daily, during vegetation clearing and ground disturbing activities, to monitor all existing nests, the efficacy of established buffers, and to document any new nesting occurrences. The Designated Biologist(s) shall document the status of all existing nests, including the stage of reproduction and the expected fledge date. If a nest is suspected to have been abandoned or failed, the Designated Biologist(s) shall monitor the nest for a minimum of one hour (four hours for raptors), uninterrupted, during favorable field conditions. If no activity is observed during that time, the Designated Biologist(s) may approach the nest to assess the status. 2.4.5 Permittee, under the direction of the Designated BiologistBiologist(s), may also take steps to discourage nesting on the Project project site, including moving equipment and materials daily, covering material with tarps or fabric, and securing all open pipes and construction materials. The Designated Biologist Biologist(s) shall ensure that none of the materials used pose an entanglement risk to birds or other species. 2.6.5 2.4.6 The Designated Biologist Biologist(s) shall be responsible for providing summary reports, as specified in Measure 3.3 4.3, where relevant, to CDFW no less than once weekly during clearing, grading, excavation, and/or ground clearing activities monthly regarding the nesting species identified onsite, discovery of any new nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to establish established buffers. If the Project project results in the abandonment of, or damage to a nest, Permittee shall notify CDFW within 24 hours.