Avian Protection Plan11 Clause Samples

The Avian Protection Plan clause establishes requirements and procedures to minimize the impact of project activities on bird populations and their habitats. Typically, this clause mandates the implementation of specific measures such as monitoring for nesting birds, adjusting work schedules during sensitive periods, and installing deterrents or protective devices to prevent harm to avian species. Its core practical function is to ensure compliance with wildlife protection regulations and to mitigate the risk of legal or environmental issues arising from harm to birds during project operations.
Avian Protection Plan11. No later than thirty (30) days prior to beginning construction, the Certificate Holder shall submit to EFSEC for review and approval an Avian Protection Plan (APP). The APP shall be developed in consultation with the USFWS and WDFW. The purpose of the APP shall be to outline measures to avoid or reduce impacts to avian species and to assess the adequacy of mitigation measures implemented, including any mitigation necessary under the Migratory Bird Treaty Act. The Certificate Holder shall not begin construction prior to obtaining approval of the APP from the Council. The results of these measures shall be reported to EFSEC after construction. The APP shall provide, at a minimum, that any new electrical poles installed for the Site will be designed to comply with the current Avian Power Line Interaction Committee (APLIC) guidelines. If the APLIC guidelines are not feasible on a pole location, the Certificate Holder will present the reasons to EFSEC and determine
Avian Protection Plan11. No later than thirty (30) days prior to beginning construction, the Certificate Holder shall submit to EFSEC for review and approval an Avian Protection Plan (APP). The APP shall be developed in consultation with the USFWS and WDFW. The purpose of the APP shall be to outline measures to avoid or reduce impacts to avian species and to assess the adequacy of mitigation measures implemented, including any mitigation necessary under the Migratory Bird Treaty Act. The Certificate Holder shall not begin construction prior to obtaining approval of the APP from the Council. The results of these measures shall be reported to EFSEC after construction. The APP shall provide, at a minimum, that any new electrical poles installed for the Site will be designed to comply with the current Avian Power Line Interaction Committee (APLIC) guidelines. If the APLIC guidelines are not feasible on a pole location, the Certificate Holder will present the reasons to EFSEC and determine appropriate mitigation or monitoring measures. The Certificate Holder will also take steps to avoid avian attraction to solar panels by planting vegetation around panels, or using other strategies to reduce the risk of avian collisions. The APP shall further include pre-construction nest survey protocols, active nest avoidance measures, and post-construction habitat mitigation/enhancement measures.