Common use of BALD EAGLE Clause in Contracts

BALD EAGLE. (Haliaeetus leucocephalus) The bald eagle is listed as endangered pursuant to the California Endangered Species Act (CESA) and has been de-listed under the federal Endangered Species Act (ESA). This species is a fully protected species in California. It is listed as a Sensitive Species by the California Board of Forestry and Fire Protection. Nesting birds could be disturbed by the noise from heavy equipment required for some projects. The following Standard Protection Measures shall prevent significant negative impacts to nesting bald eagles and avoid take of the species. 1. Buffer zones shall be established around all nest trees containing active nests. In consultation with the Department, an RPF or under the direction of an RPF, a supervised designee, AHCP Roads Department staff or qualified biologist shall flag the location of the boundary of the buffer zone between the nest and project sites. The buffer zones shall be designed to best protect the nest sites and nesting birds from the effects of Authorized Activities. Project activities conducted under the Agreement shall not remove or degrade suitable habitat for bald eagle. 2. If deemed by the Department necessary prevent significant negative impacts to nesting bald eagles and avoid take of the species, an RPF or supervised designee shall designate for retention all nest trees containing active nests, perch trees, screening trees and replacement trees, which shall be left standing and unharmed. 3. Heavy equipment work shall not occur within 0.25 mile of any occupied bald eagle nest site during the critical period between January 15 and August 15. An exception to this measure is that vehicle through traffic shall be permitted along mainline roads. 4. The work window at individual work sites near occupied bald eagle nests may be modified through consultation with the Department if nest surveys indicate that the nest has failed after June 1 or the young have fledged. 5. Modification of these Standard Protection Measures may be allowed on a site- specific basis with written concurrence (via email or memorandum) from the Department. 6. If for some reason these Standard Protection Measures or as modified cannot be implemented or the project actions planned at a specific work site cannot be modified to prevent or avoid potential adverse effects to bald eagle, then activity at the work site shall be discontinued.