Under the Migratory Bird Treaty Act (MBTA), construction activities that could result in the knowledgeable “take” of a protected avian species or their nests, such as tree clearing, grubbing, or vegetation removal during the primary breeding season from April 1st to September 1st, would violate the MBTA. “Take” includes harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or knowingly attempting any of these actions. **Migratory Bird Treaty Act (MBTA) 16 U.S.C. 703-712: Ch. 128)
E&A’s environmental scientists conduct site visits to identify protected avian species and their nesting areas. They then prepare a report with observations, recommendations, and a site plan highlighting nesting areas and locations to avoid during construction.
