USFWS-SPM-CRR-02

Species Avoidance and Work Windows

If a California Clapper rail presence is detected or assumed present in the subject habitat*, the following measures will be applied.** If the proposed project is in or near a tidal marsh area, activities in or adjacent to California Clapper rail habitat will not occur within 2 hours before or after extreme high tides (6.5 feet or above measured at the Golden Gate Bridge and adjusted to the timing of local high tides) which could prevent California Clapper rails from reaching available cover. Current and predicted tides and currents measured at the Golden Gate Bridge can be accessed via the NOAA website at
https://tidesandcurrents.noaa.gov/noaatidepredictions.html?id=9414290&legacy=1.

To minimize or avoid the loss of individual California Clapper rails, activities in or adjacent to tidal marsh areas will be avoided during the California Clapper rail breeding season from February 1 through August 31 each year, including by implementing a noise buffer distance of 1,000 feet in occupied or assumed occupied California Clapper rail habitat. Noise buffer distances may be modified in coordination with the USFWS Field Office based on project specific characteristics or a Project Proponent/Action Agency may choose to submit their own analysis and buffer recommendations for USFWS’s consideration. If sufficient buffers cannot be implemented, the proposed activities may lead to adverse effects, including possible incidental= take up to the program limit for this species (Table 8).

To minimize or avoid adverse effects to California Clapper rails outside of breeding season (from September 1 through January 31), a noise disturbance buffer of 500 feet will be maintained between noise-generating project activities and occupied or assumed occupied California Clapper rail habitat. Noise buffer distances may be modified in coordination with the USFWS Field Office based on project specific characteristics or a Project Proponent/Action Agency may choose to submit their own analysis and buffer recommendations for USFWS’s consideration. If sufficient buffers cannot be implemented, the proposed activities may lead to adverse effects, including possible incidental take up to the program limit for this species (Table 8).
Before beginning work in habitat where a species is present or assumed present,14 the following must occur:

i. If more than one day has lapsed following ASP-2 Preconstruction Surveys or if vegetative cover has not already been removed, then the Qualified Biologist will survey the work area for presence of California Clapper rails.

ii. If rails are encountered, activities will be halted until the individual has left the area on its own.

Not to exceed the self-imposed take limit of injury or mortality of no more than 1 individual annually. The local USFWS Field Office and Project Proponent will work together during the ESA Section 7(a)(2) Review Form process to ensure an individual project does not adversely affect a significant portion of the population in the project area. The self-imposed take limit also requires no net loss of habitat through the protection measures and/or offsetting impacts with habitat restoration or enhancement.

Footnotes:
* The Project Proponent will assume a species is present in an area when suitable habitat is present within the current range of the species and their absence has not been determined by a negative finding using protocol level surveys.

** Extended or alternative work windows may be considered on an individual project basis with prior approval from USFWS ES, provided the Project Proponent can demonstrate that measures implemented to avoid or minimize exposure would do so at a level commensurate with the standard work windows.