for Highway Construction Page 181 of 71 5 SECTION 251 – MIGRATORY BIRD TREATY ACT (MBTA) COMPLIANCE
251.01 Description.
Manage the avoidance of migratory birds to comply with the Migratory Bird Treaty Act of 1918 (MBTA) and 36-11, Idaho Code.
251.02 Materials.
Not specified.
251.03 Construction Requirements.
Comply with the MBTA requirements, 36- 11, Idaho Code, and 107.17.
1.Provide an approved, qualified wildlife biologist.
2.Survey and monitor for migratory bird activity. During the nesting season, monitor vegetation or structures for nesting birds. Preemptive measures to avoid migratory bird species include clearing outside the nesting season, regular monitoring of bird activity, removal and disposal of unoccupied nests to prevent occupation, and exclusion devices (e.g., bird repellant spray, netting) that does not result in death or injury to adult birds.
3.Develop an avoidance plan, subm it the plans for review and approval 30 calendar days before performing any work. Show migratory bird nest location, avoidance plan, and visual markers for nest location in the plan.
4.Implement exclusion devices, bird repellent liquid, nesting prevention measures or remove and dispose of partially constructed and unoccupied nests of migratory or nongame birds regularly to prevent their occupatio n.
251.04 Method of Measurement.
MBTA compliance will be measured as specified in 109.03.C.5 or by invoice as agreed and approved before performing the work.
251.05 Basis of Payment .
The Department will pay for accepted quantities at the contract unit price as follows: Pay Item Pay Unit Migratory Bird Treaty Act Compliance .................................................... CA for Highway Construction Page 182 of 715 SECTION 300 – BASES
Source: Idaho Standard Specifications for Highway Construction, 2023 Edition. Pages 217–217 of 768.