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