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, Kansas, Arkansas, Texas and Oklahoma. While planning a project, the U.S. Fish and Wildlife Service requires an ABB presence/absence survey 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.

Migratory Bird Treaty Act

The Migratory Bird Treaty Act (MBTA) (16 USC §§ 703-712) establishes provisions for the protection of migratory birds. The MBTA forbids 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.   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.

Studies for Assessing Potential Collision Impacts to Birds

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

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.