Bird Watch Inform ation You Need to K now for Nesting Se a son
Contents Overview of American Tower s Bird Site Practices 3 Bird Site Treatment Protocol 4 American Tower s Eagle Nest Policy 4 American Tower s No Kill Policy 5 Wildlife Protection Starts with YOU! 5 American Tower Operations Team Responsibilities 6 American Tower Environmental Team Responsibilities 7 Did You Know? 8 Bird Watch Page 2
Hawk perched on a monopine tower with nest below. Overview of American Tower s Bird Site Practices As spring approaches each year, nesting season starts again in many parts of the country. This means some of American Tower s communications sites become or continue to serve as preferred nesting spots of a variety of bird species. Birds find towers and other elevated structures to be attractive nesting and roosting platforms. These structures often rise above the surrounding tree line and serve as the tallest structure in proximity to wetlands or waterways where the birds feed. Each year, several American Tower owned or managed tower structures are found to house nests of various species of birds. A much lower number of sites are found to be used as roosting sites for vultures and other birds in a given year. Occasionally, some of our tower ice bridges, shelters and graveled compounds are also used by birds for nesting purposes. Most bird species in the U.S. are protected by the Migratory Bird Treaty Act (MBTA). The MBTA makes it illegal to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms of this Convention... for the protection of migratory birds... or any part, nest, or egg of any such bird. (16 U.S.C. 703) Other regulations protecting birds that may be encountered at American Tower sites include the Endangered Species Act and the Bald and Golden Eagle Protection Act. For our purposes, these laws establish that no person should harm or harass a bird, ignore an injured bird or disturb a nest. These activities may be considered a taking, a criminal act where individual liability may be imposed regardless of one s affiliation with a company. When we encounter bird activity at one of our sites, American Tower has two main objectives: keeping protected birds and their active nests safe and keeping our customers, contractors and employees safe. We have a standard practice in place to identify, evaluate and address bird activity at American Tower sites to achieve these objectives. Bird Watch Page 3
Bird Site Treatment Protocol The treatment of nest sites is highly dependent on the status of the nest (active or inactive), the species of bird inhabiting the nest and the state in which the tower is located. An active nest is defined as a nest containing eggs or flightless young; conversely, an inactive nest contains no eggs or flightless young. To determine the current status of a nest, the species of bird occupying the nest and the appropriate treatment protocol to employ, American Tower works directly with professionals who have the recognized level of expertise necessary to make independent determinations. We often coordinate directly with U.S. Department of Agriculture (USDA) Wildlife Services, private consultants and qualified bird watchers in each state to collect and verify data and determine the appropriate action to take. American Tower will accept nest status reports from our customers provided that they are based upon field observations by a qualified biologist. State requirements related to treatment of bird activity at our sites may be more stringent than federal requirements. Certain states may require a depredation permit before work that requires nest removal may commence at a site containing an inactive nest. A statement from a qualified biologist is often required for these state and federal permit applications. All reported roost sites will be evaluated, and a treatment plan may be implemented based on the number of birds in the roost, amount of site or property damage and other pertinent factors. Each treatment plan will be crafted with input from qualified biologists. Treatment will generally consist of the installation of deterrents to prevent the birds from landing on the tower. Commonly used deterrents are effigies, audible deterrents, propellers or even pyrotechnics for the difficult roost sites. American Tower s Eagle Nest Policy When an eagle nest is identified, the state and/or federal agency governing eagle activity will be contacted to determine next steps. Once the American Tower Environmental team is notified of an eagle nest, all customers installed on the tower will be informed that no maintenance or installation work may be performed on the tower until the nest is confirmed inactive. Ground work is evaluated on a case-by-case basis and may be allowed with a biologist monitor or state agency escort. If the need for emergency work at the tower facility arises, American Tower will work with the governing state and federal agencies to determine how to resolve the emergency situation. With guidance from the appropriate agencies, American Tower makes all final decisions regarding the treatment protocol for a specific nest. The American Tower Environmental team has a strong working relationship with these agencies, and we will work to obtain approval for any intrusive pending ground work or emergency tower work. Active Bald Eagle nest. Bird Watch Page 4
American Tower s No Kill Policy American Tower understands the parameters of the law as it relates to kill permits; specifically, our Environmental team understands certain federal and state wildlife management agencies will, in some cases, issue a permit for the total destruction of an active nest along with the eggs or young and the adult nesting pair associated with the nest. These same agencies often apply an all or nothing or kill or conserve standard to the grant of permits. In other words, they will approve the total destruction of an active nest and the birds associated with the nest, but they will not approve working below an active nest in close proximity to the birds. This action would cause a harassment concern which could be in violation of the MBTA and possibly other laws. While the practice of issuing permits for the total destruction of an active nest and the birds associated with the nest falls within the wildlife management scheme of certain federal and state wildlife management agencies, American Tower does not allow destruction of active nests on our assets. We will not consciously kill wildlife in the course of operating, maintaining and modifying tower sites we own and manage. We will attempt to accommodate maintenance activity and collocation activity proposed at a reasonable distance below an active nest, a distance that the American Tower Environmental team, in consultation with USDA Wildlife Services and other biologists, deems appropriate without a direct kill of the birds. Wildlife Protection Starts with YOU! To avoid the unauthorized taking of birds protected by these laws, by harassment or by inadvertently causing injury or death to the birds, American Tower requires our staff, contractors, customers and their contractors to be alert to bird activity at our sites throughout the year. Visitors to American Tower sites must promptly report any bird activity observed or contact from government agencies regarding wildlife activity to the American Tower Environmental team. The team can be reached 24/7 at 877-ATC-SITE (282-7483) to evaluate urgent or emergency work requests at a bird site. Please note that absolutely no work can occur on or near the structure used as a nest site or roosting site until clearance is received from the American Tower Environmental team. Killdeer, a ground nesting species. B i r d Watch Pag e 5
American Tower Operations Team Responsibilities Look Observe the tower site for indicators of bird activity including: the presence of a nest, birds roosting on the tower, bird carcasses around the tower site. If you observe roosting or other bird activity at the tower facility, proceed to record your observations. Close Out Upon receiving approval to proceed, the Operations team must relay any conditions placed on the work to customer and contractors. Once all work is finished, the Operations team must email bird.watch@americantower.com to notify the Environmental team that the work is complete. Listen If you observe a nest on the tower, shelter or any equipment associated with the tower facility, take a moment to listen for young in the nest. Record and Notify Update Operations must update and resubmit the Bird Site Notification Form to the Environmental team when changes in bird activity are observed, new work proposals on the tower arise and/or previously reported work is modified or cancelled. Take photographs of the bird activity. Operations must record observations and photos, or reports of activity from outside sources, in the Bird Site Notification tracker by creating a new entry or updating an existing entry. Bird Fact The average diameter of an osprey nest is 4-5 feet. Osprey watching over its nest. Bird Watch Page 6
American Tower Environmental Team Responsibilities Evaluate Evaluate Bird Site Notification tracker for nest/bird details. Evaluate photo documentation. Evaluate state-specific protocol matrix. Consult Consult with USDA Wildlife Services or private biologists. Consult with state regulatory agencies when necessary. Consult with U.S. Fish and Wildlife Service when necessary. Communicate Communicate findings to Operations team, Collocation team (via work tracker) and external customer(s). Communicate contingencies pertaining to work clearance. Communicate actual or perceived delays to Operations team and Collocation team via work tracker and external customer(s). Clear Clear issue by sending email allowing installation Notice to Proceed to be issued or maintenance work to proceed. Bird Fact Black vultures nest on the ground. Vulture effigy hung to deter roosting birds. Bird Watch Page 7
Did You Know? An inactive osprey nest in Maryland is not equal to an inactive osprey nest in Florida. Why? Refer to the sample protocols below highlighting the state requirements American Tower follows for the handling of osprey nests. Note: the American Tower Environmental team will prescribe the appropriate treatment plan on a case-by-case basis. Florida Nesting season for migratory osprey begins as early as January and typically ends in September. When an active nest is encountered, American Tower must consult the USDA Animal and Plant Health Inspection Service (APHIS) Wildlife Services to verify if the distance between the pending work site and the nest is adequate for the safety of osprey and tower climbers. Under the American Tower blanket state permit, inactive nests may be removed and relocated or permanently removed when necessary. Florida s no net loss policy for osprey nests remains in effect. Maryland Inactive nests may be removed and destroyed without a state or federal permit. When an active nest is encountered, American Tower must consult the USDA APHIS Wildlife Services to verify if the distance between the pending work site and the nest is adequate for the safety of osprey and tower climbers. American Tower will review each case and make a determination based on the nature and duration of work, as well as the location of the tower (i.e. urban or rural setting). North Carolina A permit is needed to remove inactive nests. When an active nest is encountered, American Tower must consult the USDA APHIS Wildlife Services to verify if the distance between the pending work site and the nest is adequate for the safety of osprey and tower climbers. American Tower will review each case and make a determination based on the nature and duration of work, as well as the location of the tower (i.e. urban or rural setting). Virginia From September 15 to April 15, inactive nests can be removed with verbal permission from USDA APHIS Wildlife Services. A permit is needed to remove inactive nests found after April 15. When an active nest is encountered, American Tower must consult Wildlife Services to verify if the distance between the pending work site and the nest is adequate for the safety of osprey and tower climbers. American Tower will review each case and make a determination based on the nature and duration of work, as well as the location of the tower (i.e. urban or rural setting). Who can I contact with questions or to get more information? Please contact bird.watch@americantower.com or call Megan Cook, Regulatory Compliance Specialist Environmental, at 781-926-7187 or Kristen DiRusso, Regulatory Compliance Coordinator Environmental, at 781-926-7819. Bird Watch Page 8