Common use of Active Nest/Den Buffers Clause in Contracts

Active Nest/Den Buffers. If a nest or den is found during any survey, the Biologist shall establish a protective buffer and ensure appropriate action is taken to avoid or minimize impacts on the birds or mammals while the nest or den is occupied, during the Authorized Activity. 1. The buffer distance must be site-specific and adequate to protect normal animal behavior to prevent reproductive failure or nest/den abandonment, as determined by the Biologist. To meet this objective, the Biologist shall determine the buffer distance after the Biologist conducts field investigations that evaluate the apparent distress of the animal(s) in the presence of people or equipment at various distances. 2. Abnormal nesting or xxxxxxx behaviors that might cause reproductive harm include, but are not limited to, defensive movements, flights, or vocalizations directed towards work personnel, standing up from a brooding position, and moving or flying away from the nest or den. The Biologist shall have authority to order cessation of the Authorized Activity if the nesting animal exhibits abnormal behavior that could cause reproductive failure (i.e., nest or den abandonment and loss of eggs or young) until an appropriate buffer is established.