Work Window
To minimize effects to breeding arroyo toads, all project activities in occupied breeding habitat will occur outside the breeding season (i.e., the breeding season is March 15 through July 15 for arroyo toad).* In addition:
a. If the breeding season cannot be avoided, a USFWS-Approved Biologist will conduct surveys no more than 24 hours before project work. If no arroyo toads of any life stages or clutches are found in the project area, project activities may proceed.
b. If the breeding season cannot be avoided and arroyo toads are found in the project area, a USFWS-Approved Biologist will conduct daily surveys before project work begins until the beginning of the nonbreeding season, or until project activities have ceased.
c. If a project is in an occupied area, use of heavy machinery will be avoided when juvenile arroyo toads are known to occupy the bordering banks of suitable water features (i.e., April 15 through October 1), thereby further reducing the preferred work window described above in ARTO-2, for use of heavy machinery, to the period between October 2 and March 14. Use of heavy equipment may commence prior to October 2 if surveys demonstrate that juvenile toads have metamorphosed and moved away from the breeding habitat, and juvenile toads have not been found on the banks of breeding habitat for more than 30 days.
d. Not to exceed the self-imposed take limit of 10 adults or juveniles injured or killed annually, five% of larval captures killed or injured annually, two egg strands damaged or destroyed annually.
Footnote:
* 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.