Endangered Species Surveys
The Endangered Species Act (ESA) has broader mandates than simply directing the U.S. Fish and Wildlife Service (USFWS) to protect listed plants or animals. It directs all Federal agencies to participate in endangered species conservation. Specifically, Section 7 of the ESA charges Federal agencies to aid in the conservation of listed species (Section 7 (a)(1)) and requires Federal agencies to ensure that their activities will not jeopardize the continued existence of listed species or adversely modify designated critical habitats (section 7(a)(2)). Therefore, if you are working with any type of Federal agency, Section 7 of the ESA requires a survey for endangered species that are listed in the project area. If there is a potential of having a project on Federal or State land; contact Monica Smith Griffin at msmith@rsenergysolutions.com for further guidance.
American Burying Beetle Surveys
The American Burying Beetle (ABB) is listed as a Federal endangered species. The current distribution encompasses eight states, including Rhode Island, Massachusetts, South Dakota, Nebraska, K
ansas, Arkansas, Texas and Oklahoma. While planning a project, the U.S. Fish and Wildlife Service requires an ABB presence/absence survey, trap and relocate or bait away in counties where the ABB is historically found, likely to be present, documented or unconfirmed. Reagan Smith Energy Solutions, Inc. is permitted by the USFWS to perform absence/presence surveys and bait aways. For a complete determination on whether your project requires an ABB survey or to schedule an ABB survey contact Monica Smith Griffin at msmith@rsenergysolutions.com.
Red-cockaded Woodpecker Surveys
The red-cockaded woodpecker (Picoides borealis) is an endangered species with the most distinguishing feature being the black cap and nape that encircle large white cheek patches. Today it is estimated that there are about 12,500 red-cockaded woodpeckers, representing about 1% of the original populations. The red-cockaded woodpecker makes its home in mature pine forests in the Southeast region of the United States (AL, AR, FL, GA, LA, NC, MS, OK, SC, VA, and TX)
Projects on Federal lands must comply with the Endangered Species Act. Foraging Surveys and Absence/Presence Surveys are used to determine it the red-cockaded woodpecker will be affected by a proposed project. Reagan Smith Energy Solutions is permitted by the USFWS to perform RCW Foraging and Absence/Presence Surveys. We have extensive experience in Eastern Texas including Sabine National Forest.
For more information on the red-cockaded woodpecker please contact Monica Smith Griffin at
Lesser Prairie Chicken
T
he Lesser Prairie Chicken (LPC), Tympanuchus pallidicinctus, a endangered species of the grouse family, is slightly smaller and paler than its near relative the Greater Prairie Chicken. The LPC is found primarily in the sandhills and prairies of Western Oklahoma, the Texas Panhandle, the Llano Estacado of Texas and Eastern New Mexico. They are also rarely found in Southeastern Colorado, and Western Kansas.
In Oklahoma, approximately 40% of LPC mortality is caused by fence collision. Raptors are also responsible for a great percentage of LPC mortality. Research has shown that LPC sense increased danger from raptor attacks and will avoid areas with overhead transmission lines, which are known to serve as raptor perches.
If a Federal or Indian proposed well is located in a United States Fish and Wildlife Service (FWS) designated LPC county the Bureau of Land Management (BLM) is obligated to ensure that actions with federal oversight do not cause harm to any threatened or endangered species or cause species to become listed as threatened or endangered. Therefore, the BLM has implemented the following Condition of Approval (COA) for this federal action.
The Operator is required to bury all transmission lines. No above-ground power lines are permitted at the location. The Operator is also required to mark all newly constructed fences and an additional four (4) miles of fence. The additional 4-miles of marked fence are considered off-site mitigation of this action.
Reagan Smith Energy Solutions coordinates the fence marking with State and Federal agencies to ensure that the areas marked are beneficial to the LPC. After coordination Reagan Smith marks 4 miles of designated fence as well as the fence around the location. Once the fences have been marked, Reagan Smith schedules an inspection with the BLM Wildlife Biologist. For more information please contact Troy Zaikis at tzaikis@rsenergysolutions.com
Mist Netting Bat Surveys
Mist net bat surveys help identify which bat surveys are present in the project area. This assists operators, agencies and landowners in planning projects and developing resources. Large nets are spread across corridors where bats are suspected to fly through. The nets are checked perodically throughout the night. The bats captured are identified and then set free. The nets are so thin that the bats are not injured. The surveys can be scheduled over a series of nights and locations around the project area.
Please contact Will Dillsaver for more information.
Migratory Bird Treaty Act
The Migratory Bird Treaty Act (MBTA) (16 USC §§ 703-712) establishes provisions for the protection of migratory birds. The MBTA forbid
s anyone “at any time, by any means, or in any manner, to pursue, hunt take, capture, kill [or] any part, nest, or eggs of any such bird” (16 USC § 703(a)). The MBTA differs from the Endangered Species Act in that it protects 800 migratory bird species which are not necessarily threatened or endangered. The USFWS implements and enforces the MBTA. Consultation with the USFWS regarding MBTA compliance and permitting can occur concurrently with the USFWS review of impacts on protected species under the ESA. Knowledge or intent is not required to be liable under the MBTA. (16 USC § 707(a)). Courts have held that even the accidental killing of a migratory bird can be a criminal act under this law. Proactive measures, such as involving the USFWS early in project development, would minimize the risk of mortality and avoid costly enforcement.
Habitat Management Plans are developed by Reagan Smith Energy Solutions to assist operators in complying with Conditions of Approval in federal permits. Nesting surveys can also be performed for construction taking place during the nesting and breeding seasons.
Please contact Monica Smith Griffin at msmith@rsenergysolutions.com for more information.
Bald and Golden Eagle Protection Act
The Bald and Golden Eagle Protection Act (Eagle Protection Act) was passed in 1940 to prevent the extinction of the bald eagle and was amended in 1962 to include protection of the golden eagles (16 USC §§ 668-668d). The Eagle Protection Act authorizes 
substantial fines for misdemeanor and felony violations of the Act by individuals and organizations as well as possible imprisonment (16 USC §§ 668, 668b). Consultation and permitting can occur concurrently with the USFWS review of the impact of proposed actions on protected species under the Endangered Species Act. The Eagle Protection Act protects bald and golden eagles regardless of whether or not they are threatened or endangered. In July 2007, the U.S. Secretary of the Interior published a final rule removing the bald eagle from the federal list of endangered and threatened wildlife (72 Fed. Reg. 37346). Although the Bald Eagle no longer receives protection under the ESA, both the Eagle Protection Act and the MBTA continue to provide protection for the species. Please contact Will Dillsaver at wdillsaver@rsenergysolutions.com for more information.
Point Counts for Avian Use and Breeding Birds - Diurnal Birds
Observation points are based on project size, terrain and vegetation. Observations take place within a specific radius for a set period time. The observation data includes bird flight heights and flight direction. Surveys for Breeding Birds are conducted in the early morning during the breeding season during calm weather conditions.
The developer utilizing our report can evaluate the potential for bird collisions using the report which estimates the number of times birds fly through the rotor swept area, additionally, species composition is also provided. Please contact Will Dillsaver at wdillsaver@rsenergysolutions.com for more information.
Habitat Mapping - Birds and Bats
Habitat maps are prepared from aerial photos, topographic maps, existing literature and available GIS data and is then verified by an onsite inspection. This information can be used by the developer to avoid siting wind turbines and other project components near sensitive bird habitats. Please contact Will Dillsaver at wdillsaver@rsenergysolutions.com for more information.
Nest Surveys
The Migratory Bird Treaty Act prohibits the removal of bird habitat during nesting season. A search is performed of visible potential nesting habitat, during the nesting season. The results can be used to evaluate raptor presence in the area. Nesting areas can be added to constraint maps provided in the Regulatory Due Diligence Reports. Please contact Will Dillsaver at wdillsaver@rsenergysolutions.com for more information.
Acoustic Surveys of Night Migrants - Nocturnal Migrant Birds
Acoustic detectors are set to detect and record flight calls of night-migrating birds that vocalize during migration. The acoustic surveys provide information on passage rate of some nocturnal species. Please contact Will Dillsaver at wdillsaver@rsenergysolutions.com for more information.
Bird and Bat Mortality Surveys
Mortality surveys assist operators of wind farms in determining the effects of wind farms on bird and bat populations. Mortality surveys are usually performed during migration. Reagan Smith Energy Solutions' wildlife department will assist in developing an internal and external monitoring program. Surveys will be scheduled based on the species in the area. Reporting and mapping services are also provided. Please contact Will Dillsaver at wdillsaver@rsenergysolutions.com for more information.