Under the Migratory Bird Treaty Act (MBTA), construction activities in woodland, grassland, wetland, riparian and river bank habitats that can result in a “take” of an avian species listed under the MBTA is an unauthorized activity unless authorized by a valid permit. An avian nest survey is recommended for the altercations of these habitats generally between April 1 to September 1 during nesting periods.**
As part of our process, E&A’s environmental scientists conduct a site visit to note the presence of protected avian species and associated nesting areas. Finally, they prepare a report providing observations, recommendations and a site plan with noted nesting areas and areas to temporarily avoid for construction.
** Migratory Bird Treaty Act (MBTA) 16 U.S.C. 703-712: Ch. 128
The Endangered Species Act (ESA) prohibits any action that results in the “take” of any listed threatened or endangered species. “Take” is defined as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or attempt to engage in any such conduct.
E&A’s environmental scientists will complete the required surveys and documentation to ensure compliance with the ESA. If listed species are found on a project site, E&A will assist in the preparation of a Habitat Conservation Plan and Incidental Take Permit describing the effects of the impacts on the listed species and how those impacts will be minimized or mitigated.
Avian Nest Surveys Contact
Zach Jilek, CPESC, CISEC