Migratory Birds Convention Act: A Best Management Practice for Pipelines DRAFT FOR DISCUSSION SEPTEMBER 2013 PREPARED FOR: CANADIAN ENERGY PIPELINE ASSOCIATION PREPARED BY: STANTEC CONSULTING LTD. PROJECT NUMBER 123510637 THIS DOCUMENT IS POSTED HERE AS A DRAFT FOR USE AND FEEDBACK IS VALUED. PLEASE SEND COMMENTS TO JOANNE WIDMER AT . FEEDBACK WILL [email protected]BE COLLECTED UNTIL JUNE 30 TH , 2015 AT WHICH TIME ANY FINAL REVISIONS WILL BE MADE BASED ON THE FEEDBACK PRIOR TO THE DOCUMENT BEING FINALIZED.
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Migratory Birds Convention Act: A Best Management Practice for Pipelines DRAFT FOR DISCUSSION
Table 2-1 Summary of BCRs with Existing or Potential CEPA-Member Company Facilities .......................................................................................................................... 2-5
Table 2-2 SARA and COSEWIC Listed Migratory Bird Species by Bird
Conservation Region across Canada ........................................................................ 2-6 Table 2-4 Interaction Matrix Summary of Pipeline and Facility Construction with
Migratory Birds ............................................................................................................ 2-19 Table 2-5 Interaction Matrix Summary of Pipeline and Facility Operations with
Migratory Birds ............................................................................................................ 2-26 Table 2-6 Categories Used to Asses Migratory Bird Risk ..................................................... 2-33 Table 3-1 Key Nesting Periods for BCRs across Canada where CEPA Operates ............... 3-2 Table 3-2 Best Management Practices – Pre-construction Planning .................................... 3-4 Table 3-3 Best Management Practices – Construction ........................................................... 3-4 Table 3-4 Best Management Practices to Avoid Incidental Take of Migratory Birds
During Pipeline Construction ...................................................................................... 3-6 Table 3-6 Best Management Practices – Operation .............................................................. 3-12 Table 3-7 Best Management Practices to Avoid Incidental Take of Migratory Birds
During Pipeline Operations ....................................................................................... 3-13 Table 3-5 Best Management Practices –Emergency: Pipeline Spill ................................... 3-14 Table 4-1 Recommended Setback and Timing Windows for At Risk Migratory Bird
Species in Alberta and Saskatchewan ..................................................................... 4-8
List of Figures
Figure 2-1 CEPA Facilities across Canada Bird Conservation Region – Liquids Pipelines ......................................................................................................................... 2-3
Figure 2-2 CEPA Facilities across Canada Bird Conservation Regions – Gas Pipelines ......................................................................................................................... 2-4
Table 2-6 Categories Used to Asses Migratory Bird Risk
Migratory Bird Risk Category Description
in
creased
Reg
ula
tory R
isk to
Mig
rato
ry B
ird
s
an
d th
e P
ro
ject
SARA species with defined critical habitat
Presence of defined (or proposed) critical habitat
for SARA-listed Schedule 1 endangered and threatened migratory bird species is found within the proposed right-of-way OR has been defined post-construction.
Presence of SARA or provincially
listed species and their habitat (breeding, staging)
SARA- or provincially listed migratory bird species
are known to breed on or within a distance to the proposed or existing project footprint that could create concern for adverse effect. Includes provincially and nationally recognized key bird areas (e.g., Warbler Habitat Areas in British Columbia, RAMSAR sites, Important Bird Areas).
Presence of BCR priority species and their habitat
Birds (migratory and non-migratory) listed as BCR priority species known to occur within vicinity of
proposed project, potentially creating the potential for adverse effect. May have species-specific management goals that need to be considered during planning.
Migratory birds (all species) and their habitat
Construction or activities during operations have the potential to affect migratory birds.
Section 3: Best Management Practices for Transmission Pipelines
Error! No text of specified style in document.
Draft for Discussion 3-1
3 BEST MANAGEMENT PRACTICES FOR TRANSMISSION PIPELINES
3.1 Environment Canada Avoidance Guidelines
Environment Canada (2011) recently released “Avoidance Guidelines ”as part of their
approach to managing incidental take under the MBCA. These guidelines provide guidance
to help minimize risk to migratory bird nests and eggs, as well as recommendations to help
individuals, governments and industries to be proactive in avoiding or mitigating activities
that may affect migratory birds. As part of this BMP development, CEPA has met with
Environment Canada to discuss the implications of these guidelines on pipeline projects.
Additional components of the avoidance guidelines are still being developed by Environment
Canada (B. van Havre 2011) and will include key breeding and nesting windows and nesting
information for all birds protected under the MBCA, including corroborating scientific
background information. See Table 3-1 for an example of how key nesting periods across
the BCRs where CEPA operates would be summarized for the BMP (TO BE COMPLETED
ONCE BCR STRATEGIES ISSUED).
3.2 Recommended Best Management Practices for Pipelines 3.2.1 Key Points The best management practices included in this document have been developed over many
years of cooperation with resource managers and specific regulatory authorities such as
Environment Canada and the implementation of an adaptive management approach by
CEPA member companies. Environment Canada recommends avoiding engaging in
potentially destructive activities during key risk periods in order to reduce the risk of
incidental take or harm resulting from accidental spills. According to the MBCA
(Section 5.1), it is prohibited to deposit a substance that is harmful to migratory birds, or
permit such a substance to be deposited in waters or an area frequented by migratory birds
or in a place from which the substance may enter such waters or such an area. Accidental
spills of such substances are not excluded from enforcement of the MBCA.
There are several key points mentioned in a document previously developed by the
Canadian Pipeline Environment Committee The Pipeline Industry and the Migratory Birds
Convention Act (2004) that should be repeated here before presenting the recommended
BMPs.
There are no industry exemptions under the Act to disturb or destroy migratory birds,
eggs or nests under any conditions, including during an emergency (e.g., fire, spills).
The pipeline industry is not legally obliged to report impacts to enforcement agencies.
However, it is recommended to immediately implement emergency procedures and
contact Environment Canada for advice on preventing any further damage to birds and to
address the potential need for permits for dealing with affected birds.
Section 3: Best Management Practices for Transmission Pipelines
Draft for Discussion 3-2
Table 3-1 Key Nesting Periods for BCRs across Canada where CEPA Operates1
Environment Canada Operational Region
Key Nesting Periods
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Pacific and Yukon Region
PYR 4: Northwestern Interior Forest
PYR 5: Northern Pacific Forest
PYR 9: Great Basin
PYR 10: Northern Rockies
Prairie and
Northern Region
PNR 6: Boreal Taiga Plains
PNR 11:Prairie Pothole
Ontario Region ON 8: Boreal Softwood Shield
ON 12: Boreal Hardwood Transition
ON 13: Lower Great lakes / St. Lawrence Plain
Quebec Region QC12: Boreal Hardwood Transition
QC 13: Lower Great lakes/St. Lawrence Plain
QC 14: Atlantic Northern Forest
Atlantic Region NS 14: Atlantic Northern Forest
1 Table to be updated as BCR Strategies are issued.
Section 3: Best Management Practices for Transmission Pipelines
Draft for Discussion 3-3
NB 14: Atlantic Northern Forest
Section 3: Best Management Practices for Transmission Pipelines
Draft for Discussion 3-4
3.2.2 Pre-construction Planning
Best management practices that should be considered during pre-construction planning to
minimize risk to migratory birds and their nests are listed in Table 3-2.
Table 3-2 Best Management Practices – Pre-construction Planning Scoping Determine whether a proposed pipeline activity will affect birds or bird habitat.
Determine whether these effects will occur in a government-recognized bird sanctuary or ecologically sensitive area (e.g., Important Bird Area, RAMSAR site) or Bird Conservation Region.
Regulatory Engagement
If proponent feels it is necessary, engage Environment Canada and/or provincial or territorial wildlife agencies early in the planning process when there is potential for
activities during the migratory bird breeding window.
Early Planning
If a proposed activity poses potential harm to birds or bird habitat, consider rescheduling the activity. Rescheduling the activity should be considered if there is high probability that the area contains active nests that cannot be otherwise avoided such as in areas of high value habitat or the probability of finding nests through
construction best management practices is low.
If a proposed pipeline route poses environmental risk to recognized migratory bird habitat (e.g., Important Bird Areas2, RAMSAR sites3, Western Hemisphere Shorebird Reserve Network (WHSRN) sites4, critical habitat for SARA-listed migratory bird), consider relocating or rerouting the pipeline.
3.2.3 Construction
Best management practices that should be considered during construction of pipelines and
facilities to minimize risk to migratory birds and their nests are listed in Table 3-3. Tables 3-
4 and 3-5 provide specific operational practices to reduce the risk of incidental take for each
stage of pipeline and facility construction, respectively.
Table 3-3 Best Management Practices – Construction Regulatory Engagement
If proponent feels it is necessary, engage Environment Canada and/or provincial or territorial wildlife agencies early in the planning process when there is potential for activities during the migratory bird breeding window.
Low impact activities may be allowable, but consult with the agencies to identify specific guidelines for addressing a project's potential effect on migratory birds.
Share the results of mitigation efforts with industry and regulatory agencies, and participate in research and monitoring programs that contribute to best practices for bird habitat protection and conservation.
Contractor/
Employee Education
As part of environmental procedures, identify specific measures to assist
employees and contractors in recognizing, protecting and conserving bird habitat.
Educate staff and contractors on migratory bird issues and correct protocols.
2 Information about Important Bird Areas can be found through Nature Canada and Bird Studies Canada websites
3 Information about RAMSAR sites can be found through the RAMSAR Sites Information Services website
4 Information about WHSRN sites can be found through the Western Hemisphere Shorebird Reserve Network
website
Section 3: Best Management Practices for Transmission Pipelines
Draft for Discussion 3-5
Table 3-3 Best Management Practices – Construction (cont’d) Planning/ Schedule
Consider opportunities to reduce project footprint to reduce potential for effect on birds and bird habitat.
Schedule field activities, such as clearing, to avoid sensitive migratory bird periods such as breeding, nesting and staging (migration).When activities are conducted within the
migratory bird breeding window, migratory bird nest surveys will be conducted (see below).
Before the migratory bird nesting period, explore opportunities to clear and mow vegetation near a project to discourage nesting, reducing possible interaction between bird species and construction activities. Before undertaking this work, ensure all
necessary regulatory approvals are in place and consult with wildlife agencies and landowners to ensure that the action is appropriate.
Migratory Bird Nest Surveys
If construction during the nesting period cannot be avoided, commission nesting surveys by qualified individuals and implement appropriate mitigation measures. Keep records of surveys for regulatory filing if required as part of project approvals. In forested areas where vegetation clearing occurred prior to the nesting period (e.g., winter clearing) no
nest sweeps would be required for activities during the nesting period. However, in grassland areas, portions of the right-of-way that were mowed prior to the nesting period would still require migratory bird nest surveys if construction activities are scheduled to occur during the nesting period.
Develop contingency plans to modify project activities to address migratory bird issues.
Establishment of Buffers
Size the zones to suit the species and their sensitivity to human disturbance. Avoid disturbing nesting sites until after fledgling (when young birds can fly).
Reclamation Consider the needs of bird species and bird habitats when planning land reclamation (for
example, select native seed mixes or plant vegetation that enhances food supply and nesting cover).
Wildlife
Monitor
The need for a wildlife monitor will depend on regulatory direction, the abundance of
birds encountered along the RoW, the species of birds, the construction tactics that are employed and the recommendations made from the qualified individual conducting the pre‐construction survey.
The role of the wildlife monitor would be to work with the Environmental Inspector and the Environmental Lead to communicate any findings and observations, and provide advice during the construction program to the Project team.
It is expected that the wildlife monitor would provide information for inclusion into the Project’s as‐built report following completion of the Project. This would detail issues
encountered, actions taken, results observed, and recommendations for follow‐up.
Monitor status of active nest sites to determine whether occupants are still present or if they have abandoned or fledged from the nest.
Develop mitigation measures for new bird nesting sites identified in the Project footprint in conjunction with the Environmental Inspector and Environmental Lead; the
Environmental Inspector and Environmental Lead would then work with the Construction Manager to implement these measures with the Construction crews.
Monitor bird activity and behaviour as the construction crews advance towards buffers.
Produce Global Positioning System points and mapping information related to wildlife
data and interactions for the Project.
NOTE: Surveys methods for bird nest surveys and further details on setback buffers can be found in Section 4.
Section 3: Best Management Practices for Transmission Pipelines
Draft for Discussion 3-6
Table 3-4 Best Management Practices to Avoid Incidental Take of Migratory Birds During Pipeline
Construction
Pipeline
Activity
Summary Description Activity
Effect on Migratory Birds
Best Management Practice to avoid incidental take of migratory Birds
Access Preparation
Preparation
of road crossings and foreign line crossings
Clearing of vegetation,
topsoil conservation and grading
Installation of approach ramps
Loss of nests
Sensory disturbance
Plan for this work to occur outside of migratory bird breeding window
Mow or clear vegetation in advance conducting work to discourage nesting by migratory birds. Note – depending on regulatory requirements pre-work may not be allowed in advance of project regulatory approval (Federal vs. provincial processes)
Once mowed maintain mowing to discourage nesting
Cultivate area to be disturbed to discourage
nesting
If activity occurs within migratory bird window, conduct nesting surveys as per BMP
Right-of-way Preparation
Preparation of the pipeline
right-of-way for installation of pipe
Clearing of trees in forested landscape
Creation Timber decking areas
Loss of nesting habitat
Loss of nests (direct mortality)
Sensory disturbance
Disruption to breeding and nesting activity
Plan for this work to occur outside of migratory bird breeding window
Pre-mow or clear vegetation in advance conducting work to discourage nesting by migratory birds. Note – depending on regulatory requirements
pre-work may not be allowed in advance of project regulatory approval (Federal vs. provincial processes)
Once mowed maintain mowing to discourage nesting
Cultivate area to be disturbed to discourage nesting
If activity occurs within migratory bird window, conduct nesting surveys as per BMP. Note limitations of nest surveys within forested areas
Section 3: Best Management Practices for Transmission Pipelines
Draft for Discussion 3-7
Pipeline
Activity
Summary Description Activity
Effect on Migratory Birds
Best Management Practice to avoid incidental take of migratory Birds
Establish buffers on active nests as “no go” areas;
Monitor until fledging has occurred; remove vegetation and proceed with RoW preparation
Discuss additional measures with CWS as appropriate depending on construction location and on-stream dates.
Topsoil
conservation and grading
Removal of vegetation
through topsoil conservation (native range, tame pasture, hayland
Use of temporary workspace for soil and spoil salvage
Loss of nesting habitat
Loss of nests (direct mortality)
Sensory disturbance
Disruption to breeding and nesting activity
Plan for this work to occur outside of migratory bird breeding window
Mow or clear vegetation in advance conducting work to discourage nesting by migratory birds. Note – depending on regulatory requirements pre-work may not be allowed in advance of certain project regulatory approvals (Federal vs. provincial processes)
Once mowed maintain mowing to discourage nesting
Cultivate area to be disturbed to discourage nesting
If activity occurs within migratory bird window, conduct nesting surveys as per BMP.
Establish buffers on active nests as “no go” areas;
Monitor until fledging has occurred; remove vegetation and proceed with RoW preparation
Discuss additional measures with CWS as appropriate depending on construction location and pipeline on-stream dates.
Section 3: Best Management Practices for Transmission Pipelines
Draft for Discussion 3-8
Table 3-4 Best Management Practices to Avoid Incidental Take of Migratory Birds During Pipeline
Construction (cont’d)
Pipeline
Activity
Summary Description Activity
Effect on Migratory Birds
Best Management Practice to avoid incidental take of migratory Birds
Pipeline Installation
Stringing
pipe, welding, trenching,
lowering-in, and backfill
Sequential staging of
pipeline activities cumulating with installation of the pipe
Involves heavy equipment such as tracked backhoes; side
booms, pipe trucks, welders (mechanized and non mechanized)
Progresses quickly over the length of the pipeline
right-of-way ( on average 3-4 km/day)
Sensory disturbance Plan to avoid taking additional RoW once RoW preparation has been completed
Stay within bounds of RoW
Follow BMP if additional Row space is required.
Reclamation Low vehicle and people intensity work
Seeding of the pipeline right–of-way
Ground application using all-terrain vehicles, agricultural equipment, seed drills etc.
Aerial application using
helicopter and/or fixed wing aircraft
Specialized reclamation in some areas (water crossings)
Should be done before
Sensory disturbance Low intensity activity people and equipment work
plan for this work to occur outside of the migratory bird breeding window
if occurring within migratory bird window, commence activity nearest to the edge of RoW and work towards center of RoW to minimize sensory disturbance
Keep people and equipment to a minimum to execute the on-site work.
Section 3: Best Management Practices for Transmission Pipelines
Draft for Discussion 3-9
Pipeline
Activity
Summary Description Activity
Effect on Migratory Birds
Best Management Practice to avoid incidental take of migratory Birds
growing season or early in spring.
Minimal people and
equipment on site
Section 3: Best Management Practices for Transmission Pipelines
Draft for Discussion 3-10
Table 3-5 Best Management Practices to Avoid Incidental Take of Migratory Birds During Compressor
Station/Pump Stations Construction
Activity
Activity
Summary Description Activity
Effect on Migratory Birds
Best Management Practice to avoid incidental take of migratory Birds
Site Preparation
Involves
removing of vegetation cover, topsoil
conservation and grading
Clear of vegetation Direct mortality
Loss of nests
Sensory disturbance
Plan for this work to occur outside of migratory bird breeding window
Mow or clear vegetation in advance conducting work to discourage nesting by migratory birds. Note – depending on regulatory requirements pre-work may not be allowed in advance of certain project regulatory approvals (Federal vs. provincial processes)
Once mowed maintain mowing to discourage nesting
Cultivate area to be disturbed to discourage
nesting
If activity occurs within migratory bird window,
conduct nesting surveys as per BMP. Note – limitations of nest surveys within forested areas
Establish buffers on active nests as “no go” areas;
Monitor until fledging has occurred; remove vegetation and proceed with site preparation
Discuss additional measures with CWS as
appropriate depending on construction location and on-stream dates
Topsoil conservation and grading
Facility Construction
Involves construction of
foundations and buildings, installation of pumps and or compressor units. Installation of yard piping. Fencing of
Sensory disturbance Plan to avoid taking additional temporary work space once site preparation has been completed
Stay within bounds of site
Follow BMP if additional work space is required.
Section 3: Best Management Practices for Transmission Pipelines
Draft for Discussion 3-11
Activity
Activity
Summary Description Activity
Effect on Migratory Birds
Best Management Practice to avoid incidental take of migratory Birds
facility site
Construction
of permanent
access roads
to facility sites
Vegetation removal and
topsoil conservation, and
grading to create road
bed, and gravelling of access road
Permanent loss of
vegetation used for nesting and rearing of migratory birds
Direct mortality
Loss of nests
Sensory disturbance
Plan for this work to occur outside of migratory bird breeding window
Mow or clear vegetation in advance conducting work to discourage nesting by migratory birds. Note – depending on regulatory requirements pre-work may not be allowed in advance of
certain project regulatory approvals (Federal vs. provincial processes)
Once mowed maintain mowing to discourage nesting
Cultivate area to be disturbed to discourage nesting
If activity occurs within migratory bird window,
conduct nesting surveys as per BMP. Note – limitations of nest surveys within forested areas
Establish buffers on active nests as “no go” areas;
Monitor until fledging has occurred; remove vegetation and proceed with site preparation
Discuss additional measures with CWS as appropriate depending on construction location and pipeline on-stream dates
Section 3: Best Management Practices for Transmission Pipelines
Draft for Discussion 3-12
3.2.4 Operation
The risk of incidental take of migratory birds, their eggs or nests during pipeline and facility
operation is significantly less than during construction but should not be overlooked. Best
management practices that should be considered during operation are listed in Table 3-6.
Table 3-7 provides specific operational practices to reduce the risk of incidental take for the
various activities that may occur during the life span of an active pipeline and its associated
facilities.
Table 3-6 Best Management Practices – Operation Regulatory Engagement
If proponent feels it is necessary, discuss operation activities with Environment Canada and/or provincial and territorial wildlife agencies when there is a significant risk to nesting migratory birds.
Share the results of mitigation efforts with industry and regulatory agencies,
and participate in research and monitoring programs that contribute to best practices for bird habitat protection and conservation.
Contractor/ Employee Education
As part of environmental procedures, identify specific measures to assist employees and contractors in recognizing, protecting and conserving bird habitat.
Educate staff and contractors on migratory bird issues and correct protocols.
Facilities No nest surveys should be conducted at facilities where construction takes place within the existing footprint. If an occupied nest is discovered by construction personnel on or adjacent to a facility during construction, activities within 30 m of the nest should stop until the Environmental Lead has been
notified. Once the Environmental Lead is notified a qualified individual should
be engaged to identify the occupant(s) and determine the appropriate mitigation.
Deterrents Physical deterrents, for example, owl decoys, could be installed at facilities. Facilities requiring deterrents would be identified based on site visits, local knowledge of the facilities and construction schedule. Facilities that had
potential habitat (i.e., wetlands or treed sloughs) within 100m of the proposed operation footprint would be assessed for mitigation measures.
Implementation and Monitoring of Deterrents
The physical deterrents (e.g., owl decoys) should be mounted on tripods or existing fence posts at the edge of the facilities that are closest to the potential habitat. The decoys used for the facility should be setup during the key nesting
period. Monitoring should be carried out by construction and environmental inspection resources to ensure that the decoys are operational as well as determine the effectiveness of the deterrent program.
Pipelines Vegetation control and management (e.g., mowing, tree trimming) along the RoW should be scheduled to occur outside of the key nesting period where possible. If activities cannot avoid the key nesting period, nest surveys should
be undertaken by a qualified individual along the ROW where vegetation management is planned. Follow survey protocols for pipeline construction as outlined in Section 4.
NOTE: Surveys methods for bird nest surveys and further details on setback buffers can be found in Section
4.
Section 3: Best Management Practices for Transmission Pipelines
Draft for Discussion 3-13
Table 3-7 Best Management Practices to Avoid Incidental Take of Migratory Birds During Pipeline Operations
Pipeline Operations
Activity Summary Description Activity
Effect on Migratory Birds Best Management Practices
Aerial and
Ground Surveillance - Line Patrol
Companies conduct both aerial
and ground surveillance activities to:
identify any potential 3rd party incursions onto their RoWs
identify areas of RoW instability that could potential affect the integrity of the pipeline
to identify areas where there
is potential surface erosion
to comply the requirements of permits and approvals (e.g.
NEB certificate condition for post construction monitoring)
Aerial line patrol –
varies in frequency depending on location
Walking/driving the pipeline RoW. Occurs typically at least once every 3 years.
Sensory disturbance
Disturbance of staging waterfowl species
Avoid flying below 500 m to
limit sensory disturbance to nesting migratory birds
Plan for on ground-based programs to occur outside of migratory bird window
When conducting ground-based programs (walking or driving)
stay near ditchline to limit disturbance to breeding birds
Depending on access plan as a single pass through vs. “in and out’ to limit potential disturbance to migratory birds
Pipeline repairs
Similar to pipeline construction
but on a very site specific basis. Involves vegetation removal (topsoil stripping), trenching, replacing/repairing pipe, backfill, and reclamation.
Removing vegetation
through topsoil stripping
Trenching
Pipe removal and replacement
Backfilling
Reclamation
Direct mortality
Loss of nests
Sensory disturbance
Very site specific
If feasible plan for repairs outside of migratory bird window
Implement BMP if repairs occur during breeding window
Section 3: Best Management Practices for Transmission Pipelines
Draft for Discussion 3-14
3.2.4.1 Emergency Response
Best management practices that should be considered during an emergency response to
minimize risk to migratory birds and their nests are listed in Table 3-5.
Table 3-5 Best Management Practices –Emergency: Pipeline Spill Emergency Response
In the case of an emergency, and in conjunction with carrying out normal emergency response procedures, it is important to report bird habitat impacts to appropriate agencies to ensure due diligence and reduce the risk of
enforcement actions.
Include procedures in a project's emergency response plans to address
migratory bird issues (for example, scare techniques to safely discourage birds from an area during spill cleanups).
3.2.5 Decommissioning and Abandonment
The following practices should be considered during decommissioning and abandonment of
the pipeline or associated facilities:
Before decommissioning or abandoning a pipeline or facility, consider potential effects to
migratory birds and bird habitat during the development of the decommissioning and
abandonment plan.
Schedule activities to avoid sensitive breeding and nesting activities, where possible.
If schedule does not allow for avoidance, follow BMP for construction if decommissioning
involves ground disturbance.
Section 4: Migratory Bird Nest Survey Protocol
Draft for Discussion 4-1
4 MIGRATORY BIRD NEST SURVEY PROTOCOL
Variation exists in bird nest survey requirements among different regions in Canada. This
BMP proposes a standardized approach for migratory bird nest survey protocols for all
CEPA-member company projects in Canada. A standardized approach provides CEPA-
member companies and regulatory agencies with greater consistency and clarity about
survey protocols across Canada, particularly in instances where a project spans
jurisdictional boundaries.
4.1 Rationale for Use of Nest Surveys
Environment Canada recommends rescheduling activities and/or rerouting projects to
minimize risks to migratory birds and their habitats. Migratory bird nest surveys, although
not generally recommended by Environment Canada due to potential risk of disturbing
nesting birds, can be used in certain circumstances where nests are easily detectable (e.g.,
nests in open areas or on isolated trees). In such cases these surveys are used to
determine nesting activity within proposed development areas in order to meet regulatory
requirements with respect to migratory birds, including SARA-listed species and other
species of management concern,. Nest sites can be documented and suitable avoidance
buffers or restrictive timelines imposed during relevant development phases, where
applicable. In areas where there is high likelihood of encountering SARA-listed bird species,
surveys for such species should be extended to an appropriate setback distance unless
otherwise directed by the appropriate regulatory agency. Surveys depend on the suitable
habitat being present and land access being granted to complete surveys.
4.2 Objective of Nest Surveys
The specific objective of a migratory bird nest survey is to identify active migratory bird
nests within or near potential development or operational activity areas so that mitigations
can be implemented in order to reduce the risk of incidental take.
4.3 Nest Search Protocols – General
Nest surveys will be completed for all pipeline construction and operational activities
scheduled during key nesting periods (as defined by Environment Canada and specific to
each BCR [currently in development]). In most instances where construction cannot avoid
the key nesting period, a single pre-construction migratory bird nest survey would be
completed, typically a maximum of 7 days before the construction or operation activity, to
assess the presence of active or occupied nests in preferred habitat both within and
adjacent to the disturbance footprint. These surveys should be conducted in both forested
and non-forested habitats and wetlands, as well as any anthropogenic habitats that may be
affected. If deemed necessary by the Project Team, a wildlife monitor could be used during
RoW preparation to monitor active nests and assess any nests discovered during
construction.
Section 4: Migratory Bird Nest Survey Protocol
Draft for Discussion 4-2
The nest survey is a search for nests using systematic techniques assisted by cues from
birds (e.g., protective behaviour, scold calls, flushing). Methods used by qualified individuals
for nest surveys are:
walking, in a systematic manner, through the entire area proposed for clearing and/or
topsoil conservation
examining the ground, shrubs and trees for nests
scanning for unpredictable movement of vegetation, not related to the wind
responding (i.e., attempt to get a visual) to all singing males and calling females and
males
recording all bird sign and any sign of breeding evidence (i.e., singing males, female and
male together, copulation, birds carrying nesting material or food, presence of a nest or
nestlings, presence of fledglings)
While searching for nests, observers will be aware of a bird’s response to their presence.
During nest-building periods, observers will not get too close to the suspected nest, and will
verify only when the female is absent, to prevent abandonment. During incubation, if a
female is behaving as if there is a nest in the area but does not appear to be going to it, the
observer will leave the area so that the female can return to her nest.
Data recorded for located nests are:
species
UTM coordinates, distance to the applicable Project component (e.g., RoW or facility
boundary), date and time of day
photos
site description (i.e., tree or shrub species, height of nest, type of nest, direction cavity
faces)
stage of nesting (i.e., construction stage; eggs, including number; hatchlings; almost
fledged)
additional information about adult bird presence/absence or behavior
If vegetation clearing, soil handling and grading has occurred, but pipeline installation is
planned during the breeding season, no further migratory bird nest surveys are required.
If clean-up or reclamation occurs during the breeding bird window, the soil piles and direct
area of disturbance will be checked by the environmental inspectors and any active nests
that are found will be marked and the appropriate buffers established to reduce the risk of
disturbance to the nest. No searches will be done in the surrounding undisturbed areas
during reclamation. Reclamation practices are not expected to cause significant disturbance
to birds nesting adjacent to the disturbance footprint because the reclamation process from
soil replacement to seeding is of short duration and is a low-magnitude disturbance.
Section 4: Migratory Bird Nest Survey Protocol
Draft for Discussion 4-3
Vegetation management activities that may occur during the migratory bird breeding period
should be assessed by a qualified individual to determine the potential risk to breeding
migratory birds. Based on this assessment, if there is potential for an incidental take of
migratory birds (e.g., mowing), conduct migratory bird nest surveys in the affected area
before starting vegetation control.
The following measures may also be undertaken or considered during migratory bird nest
surveys:
Depending on the region, migratory bird nest surveys are conducted anywhere between
April 1 and August 31 in most instances (see Table 3-1). This timeframe accounts for the
laying, incubation, hatchling and fledgling stages of several bird guilds including
passerines, upland nesting shorebirds and waterfowl.
In areas of suitable habitat during the migratory bird breeding window, nest searches
should be conducted in the disturbance footprint and a suitable buffer on either side of
the footprint (e.g., 30 m in forested habitat, 50 m in grassland habitat, and wetlands
within 100 m of the RoW), in addition to point count surveys (for SARA-listed migratory
birds). The nest search buffer for breeding waterfowl or waterbirds will depend on the
recommended nest buffer; consult with appropriate regulator(s) prior to nest searches.
Individuals completing the migratory bird nest surveys must be aware of both provincially
or territorially listed and SARA-listed species at risk that may be found in the project area
(on and off the disturbance footprint).
4.3.1 Non-forested Habitats
Procedures for conducting a migratory bird nest survey in regions dominated by native
grasslands and tame pasture or haylands are described below (note – surveys in cultivated
lands are not recommended), including required site information, the detail of information
expected and the rationale for specific methods (where applicable).
Nest searches will be completed from sunrise until 1800 hours and should be
discontinued during high winds or any precipitation. Searches can be continued until
approximately 1800 hours as most nesting birds can still be flushed off their nests
throughout the day. Some exceptions exist, particularly for certain species. For Sprague’s
Pipit, for instance, nest searches (generally undertaken after a territorial display has been
observed) should be done between sunrise and 1000 hours or from 1700 hours until
dusk. Pre-construction migratory bird nest surveys should be completed a maximum of 7
days before the construction or operation activity.
For tree or shrub nesting migratory birds, transects will be walked through treed and
shrub areas looking for nests, to confirm if any nests found are active. The number of
qualified individuals required will depend on the amount of cover present; for example,
shelterbelts and small riparian area may require only one qualified individual.
Section 4: Migratory Bird Nest Survey Protocol
Draft for Discussion 4-4
The following measures apply specifically to ground nesting birds:
The entire length of the disturbance footprint and buffers through suitable habitat will be
surveyed for active migratory bird nests using a line transect method (i.e., slowly walking
transects parallel to the RoW, approximately 5 to 10 m apart). If the disturbance
footprint is greater than 30 m wide, the boundary of the disturbance footprint can be
marked to facilitate transects.
When a bird is flushed, efforts should be made to attempt to identify the bird species
(e.g., using identifying behaviour and distinguishing characteristics [e.g., tail shape, tail
bars, colours] and, if necessary, following the flushed bird to obtain a better observation
point),after which searching for the nest would begin.
Visually mark the location of a flushing bird (i.e., using changes in vegetation, presence
of sagebrush or other shrubs, micro-relief).This is especially important when searching
for birds that flush at greater distances..
When searching for the nest, attempt to minimize effects by limiting the search effort to
five minutes, taking care to study the ground surface and vegetation before each step to
prevent stepping on the nest. If the nest is not located, assume a nest location from the
approximate location the bird flushed from as well as the species and behaviour of the
flushed bird.
Some shorebirds (e.g., killdeer, American avocet, and yellowlegs) secretly leave their
nests and may display a “broken wing” behaviour in an attempt to lure intruders from the
nest area. To confirm the location of the nest, observers can move 50 to 100m away to
sit and wait until the bird returns to its nest.
If a previously identified active nest of any migratory bird is determined to be currently
inactive (i.e., fledging has occurred), compliance with the Act is still required. A resurvey
for other migratory birds may be required, depending on whether the last nest search
was conducted within the last 7 days and whether activities are still planned during the
migratory bird breeding window.
4.3.2 Forested Habitats
Procedures for conducting a migratory bird nest survey in forested regions are described
below, including required site information, the detail of information expected and the
rationale for specific methods (where applicable).
Nest searches will be completed from sunrise until 1000 hours or from 1700 until dusk
and should be discontinued during high winds or any precipitation. In forested habitat,
nests are extremely difficult to find, so detection of birds exhibiting breeding behaviour is
the main objective.
Section 4: Migratory Bird Nest Survey Protocol
Draft for Discussion 4-5
The entire length of the disturbance footprint and buffers through suitable habitat will be
surveyed for active migratory bird nests using a line transect method (i.e., qualified
individuals slowly walking transects parallel to the RoW, 5 to 10 m apart; distance
between transects will depend on vegetation cover). If the disturbance footprint is
greater than 30 m wide, the boundary of the disturbance footprint can be marked to
facilitate transects.
Non-intrusive searching methods are recommended in forested habitats. Qualified
individuals will primarily search for breeding behaviour (indicating the potential presence
of an active nest) using point counts placed along transects, as detectability of nests in
forested habitat is very low.
4.3.3 Wetlands
In the Prairie and Northern Region, Environment Canada has recommended that (P.
Gregoire, CWS, pers. comm. May 9, 2012):
“[w]etlands attractive to breeding migratory birds (e.g. those containing water)
should not be cleared/destroyed at minimum between April 1 and August 31. Canada
geese and Mallards may nest early and broods of waterfowl and waterbird species are
dependent upon wetlands throughout August and beyond. An effort should be made
to protect wetlands from habitat destruction, irrespective of whether they are wet or
dry. Wetlands should be avoided with a 100m buffer where possible.”
Nest surveys for waterfowl and waterbirds will depend on the presence of semi-permanent
and permanent wetlands. For most waterbird species, birds generally nest in or adjacent to
semi-permanent and permanent wetlands or waterbodies (e.g., creeks). As such, all semi-
permanent and permanent wetlands and waterbodies within the recommended nest buffer
(consult with appropriate regulator(s) of the disturbance footprint should be searched for
breeding waterfowl and waterbirds.
For some species of waterfowl, nesting occurs upland, away from wetlands. The nest search
buffer for breeding waterfowl or waterbirds will depend on the recommended nest buffer;
consult with appropriate regulator(s) prior to conducting nest searches (generally wetlands
within 100 m of the RoW should be searched as per recent guidance from Environment
Canada; see above). In order to survey for upland nesting waterfowl, aerial photographs
should be reviewed for the presence of semi-permanent and permanent wetlands within and
surrounding the disturbance footprint (distance outside the disturbance footprint will depend
on recommended nest buffer). Where these wetlands occur, a search buffer (based on the
recommended nest buffer; e.g., 100 m) beyond the disturbance footprint should be
established. The length of the search buffer along the disturbance footprint will depend on
how close the wetland is to the footprint.
Nest searches should be completed from sunrise until 1800 hours and should be
discontinued during high winds or any precipitation. Searches can be continued until
approximately 1800 hours as most nesting birds can still be flushed off their nests
throughout the day.
Section 4: Migratory Bird Nest Survey Protocol
Draft for Discussion 4-6
4.4 Identification and Protection of Active Nests
The disturbance footprint for most projects will likely include potential nesting habitat for
many migratory bird species (both ground and tree or shrub nesters). The presence of
natural upland and wetland habitat in the disturbance footprint increases the chances of
having nesting migratory bird species onsite.
Nests could be located in trees or shrubs or on the ground. An active nest can be identified
by:
the presence of birds or eggs in a nest
adult birds carrying food or nesting materials to a specific location
adult birds defending territory, through singing, screeching or diving (i.e., Sprague’s pipit
territorial display)
When one or more of these indicators are noted, measures should be undertaken to identify
if the potential location of the nest is in the disturbance footprint and disturbance buffer.
If a potentially active nest has been identified during pre-construction surveys, a buffer
needs to be established around the nest site to ensure no further disturbance of the nesting
migratory species. The size of the buffer is based on the nest location, the sensitivity of the
bird species to disturbances during nesting, the type of construction activity that will be
undertaken in the vicinity of the nest, and the status of the bird species (i.e., rare or
protected under provincial/territorial or federal legislation). For instance, the recommended
buffer for most passerines is 30 m in the boreal forest and 50 m in grasslands , and 100 m
for most waterfowl and waterbird species; professional judgment can be used when
modifying the setback buffer. However, this would be allowed only for construction-related
activities that are less intensive (i.e., no heavy equipment). Buffers of less than 10 m would
likely not be large enough to protect the nest’s viability.
Marking of active nests with flagging tape or a painted lathe may cause increased predation
of the nest. It is recommended to mark the location of the nest site on a GPS unit and/or
recording bearing and distance from an established marker on the landscape in order to re-
check the nest activity status at a later date.
If an occupied nest is discovered on or adjacent to the RoW during construction, activities
within the recommended setback of the nest (i.e., depending on region, habitat, and
species) should be stopped until the Environmental Inspector has been notified. Once the
Environmental Inspector is notified, a wildlife monitor will be dispatched to the site (if not
already present) to identify the occupant(s) and determine the appropriate mitigation.
Setback buffers for provincially listed and SARA-listed bird species are discussed further in
Section 4.4.1.
If a nest is found adjacent to a trail, vehicles will be allowed to continue using the trail but
will be prohibited from stopping in the recommended setback.
Section 4: Migratory Bird Nest Survey Protocol
Draft for Discussion 4-7
If no construction work is allowed in a setback buffer, it should be noted that larger
equipment (e.g., graders and side booms) would likely have to be marshaled through the
buffer along the RoW; more mobile equipment could go around if necessary. If this is to
occur, monitoring by a qualified individual or properly trained employee may be required.
And it is recommended that larger equipment only pass through the setback buffer once
while the nest is active.
In order to reduce the potential for nest abandonment or failure, monitoring or rechecking
of an identified active nest should be timed to occur after the fledging period (or when the
young have left the nest) for migratory birds designated as species at risk or at minimum 7
days for other migratory birds. Depending on the nesting stage (i.e., incubating or fledging)
observed during the nest search, the timing of follow-up nest checks will be determined
using literature-based estimates of the species-specific incubation and fledging periods (i.e.,
approximate number days for incubation and/or fledging to be completed).
Chestnut-collared Longspur High – 50 m Medium – 50 m Low – 0 m (May 15 – Jul 15)
McCown’s Longspur High – 200 m
Medium – 100 m Low – 25 m (May 1 – Jul 31)
High – 200 m
Medium – 150 m Low – 50 m (Apr 1 – Jul 15)
Canada Warbler High – 300 m Medium – 150 m
Low – 50 m (May 1 – Jul 31)
High – 50 m Medium – 50 m
Low – 0 m (May 15 – Jul 15)
NOTES:
General description of disturbance impact categories (low, medium, high) (from ASRD 2011a, Arsenault 2009):
Low disturbances are often infrequent, low-impact (e.g., land surveying, foot traffic, monitoring, ATVs, small vehicles), habitat is not being modified by the activities, and the duration of the activity is relatively short (e.g., hours)
Medium disturbances are usually high in frequency, may use vehicles and other equipment, and may involve small habitat modifications (e.g., pipelines - <20 cm diameter) and the duration is relatively long (i.e., days)
High disturbances are high in frequency, involve vehicles and machinery, permanently modify the habitat by altering vegetation, soils and perhaps hydrology (e.g., pipelines - >20 cm diameter, roads, wetland drainage) and the impact is long term (i.e., more than 10 years)
Section 5: Summary
Draft for Discussion 5-1
5 SUMMARY
The objective of this report is to provide CEPA-member companies with BMPs to reduce and
manage potential effects to migratory birds during construction and operation of oil and gas
transmission pipelines. Two main tools were developed to assist CEPA-member companies:
(1) a risk management framework and (2) BMPs for each project phase, including a
recommended migratory bird nest survey protocol.
The first component of the overall BMP is the risk management framework, which was
designed to help CEPA-member companies identify where risk to migratory birds occurs,
and where it is the greatest, during project development. The recommended BMPs provide
guidelines for minimizing risk to migratory birds, their nests and eggs during pre-
construction planning, construction, operation and decommissioning and abandonment.
Emphasis is placed on preventing incidental take of migratory birds, through early project
planning (i.e., identifying risk to migratory bird habitat and seasonality of migratory bird
activity), establishing protective buffer zones around migratory bird nests, and maintaining
communications with regulatory agencies (e.g., Environment Canada). The nest survey
protocol outlined in this report addresses most environments where CEPA-member
companies operate and provides a standardized approach for conducting nest surveys
across Canada.
It should be noted that Environment Canada is compiling avoidance guidelines and guidance
documents for the BMP development that, upon completion, may influence or change the
BMPs outlined in this report.
Section 6: References
Draft for Discussion 6-1
6 REFERENCES
Alberta Sustainable Resource Development (ASRD). 2010. Alberta Species at Risk – Species
assessed by Alberta’s Endangered Species Conservation Committee. Available at: