Threatened & Endangered Species

T&E Species Review Process

After being contacted regarding a project with the potential to impact T&E species, EH&S will contact an approved consulting firm to begin the process of a T&E site review.  Typically, the process goes as follows:

• A desktop review is performed by the consultant to determine if there are known T&E species within or adjacent to the project site.
• If there are known T&E species noted in the desktop review, the consultant will perform a site evaluation to determine if there is habitat present on the site to support the T&E species identified in the desktop review.  The consultant will issue a memo with the findings, and include a discussion on the likelihood of species identified in the desktop review being present based on habitat.
• Depending on the time of year, and species identified with a potential to be present, the consultant will perform species specific site review.

NOTE:  Depending on the time of year, the species-specific site evaluation may be performed at the same time as the habitat review.  However, if there is potential habitat, but the species is unable to be evaluated due to the season, the project may need to delay start until the appropriate time of the year when the species-specific site review may be preformed. A detailed report will be issued with determination of T&E species on-site.

• If there are no anticipated impacts to T&E species, the project can move forward.
• If there are potential impacts to a T&E species identified, EH&S and the relevant regulatory agency (Michigan Department of Natural Resources or US Fish and Wildlife Service) will discuss which option will protect the T&E species and allow the project to move forward. To protect the T&E species, the project may need to:
  • Obtain a permit if there would be impacts to a protected T&E species.
  • Relocate potentially impacted species (if approved by the regulatory agency).
  • Evaluate alternatives that would protect the species.

Bats

Within Ann Arbor, nearly all locations have been shown to potentially support federally protected bat species. If trees need to be removed, to avoid potential impacts to these species and the need for costly T&E bat site evaluations it is advised to fell trees with a diameter greater than 3″ between October 1st and March 31st when these migratory bat species are not likely to be present. If this is not possible, please contact EH&S to arrange for a qualified consultant to provide a T&E consultation. 

Migratory Birds

The Migratory Bird Treaty Act (MBTA (16 U.S.C. 703-712)) prohibits the taking of any protected migratory bird species or any part, nest, or egg, except as permitted by regulation.  For the purpose of this document, assume all birds are protected.  Implementing regulations define “take” under the MBTA as “pursue, hunt, shoot, wound, kill, trap, capture, possess, or collect.”  Only “collect” applies to nests.  The MBTA specifically protects migratory bird nests from possession, sale, purchase, barter, transport, import, and export, and take.

The MBTA does not contain any prohibition that applies to the destruction of a bird nest alone (without birds or eggs), provided that no possession occurs during the destruction. In situations where it is necessary (i.e. for public safety) to remove (destroy) a nest that is occupied by eggs or nestlings or is otherwise still essential to the survival of a juvenile bird, a permit is available pursuant to 50 CFR parts 13 and 21: the Service may issue a permit to take individual birds. There is no obligation to relocate migratory bird nests, but impacting occupied nests with eggs or young is prohibited without first obtaining a permit.

NOTE: Potential impacts to Migratory Birds can typically be avoided if trees and brush capable of supporting nesting birds are removed before April 15^th and after August 15^th.