skip to: onlinetools | mainnavigation | content | footer

Policy Area

ESH-Environment Safety & Health

Procedure Number

ESH100.2.ENV.2

Procedure Title

Comply with Environmental Requirements for Migratory Birds, Protected Species, and Other Biota

Procedure Manager

COOPER, TERRY W.

Status

Active

Subject Matter Expert

  • Stephanie A. Salinas
  • Barbara L. Larsen—CA Contact

 

Applicability, Exceptions, and Consequences

This corporate procedure applies to all Members of the Workforce who conduct activities on Sandia-controlled premises that have the potential to affect:

  • Protected species (e.g., fish, plants, wildlife) or their habitats.
  • Migratory birds, their nests, eggs, or fledglings.

Exceptions to, or deviations from this procedure must be approved through the Executive Policy Sponsor or Policy Area Manager, if delegated. Click here to view Contacts for Corporate Policies, Processes, and Procedures.   See CG100.1.7, Request an Exception to a Policy, Process, or Procedure, for directions on how to obtain an exception to this procedure.

Granting or permitting exceptions or violations of policy, process, or procedure without authority, regardless of position or title, may be cause for disciplinary action up to and including termination of employment. Violating a policy, process, or procedure may be cause for disciplinary action up to and including termination of employment.

IMPORTANT NOTICE: A printed copy of this document may not be the document currently in effect. The official version is located on the Sandia National Laboratories Sandia Restricted Network (SRN).

Procedure Overview

This procedure details the environmental requirements for protecting migratory birds, protected species, and other biota.

Procedure Requirements

Work Activity Planning

Activity Responsible Individual Required Action
Plan Work Activities Managers

Ensure that:

  • The ecology contact is consulted for work activities that have the potential for personnel to interact with protected species, migratory birds, nests, eggs, or their habitats.
  • Ecology requirements (e.g., surveys) are integrated into project planning processes.
Observe Restrictions Members of the Workforce
  • Do not take, possess, remove, kill, transport, or import migratory birds, their eggs, parts, and nests. Note: A removal or disturbance of such without following the proper procedure may result in a reportable occurrence and penalties.
  • Consult the ecology contact when a proposed work activity has the potential to affect protected species, migratory birds, nests, eggs, fledglings, or their habitats. Activities include but are not limited to those listed in Table 1, Activities for Which to Consult the Ecology Contact.

Note: If the ecology contact determines adequate survey information exists for the area of the proposed action, the survey information is provided by the ecology contact to DOE when necessary. If adequate survey information does not exist for the area of the proposed action, the ecology contact coordinates surveys of the area by recognized experts (biologists or ecologists) to identify protected species and provides survey information to DOE. After DOE approval, the ecology contact notifies the customer and provides documentation regarding completion of the protected species compliance process.
Initiate Compliance Process Members of the Workforce Initiate the migratory bird and protected species compliance process before or at the same time as the DOE and U.S. Air Force NEPA compliance processes (see ESH100.1.EP.2, Implement NEPA, Cultural Resources, and Historic Properties Requirements. For NEPA compliance processes, consult the NEPA specialist.

Table 1. Activities for Which to Consult the Ecology Contact

  • Pesticide/herbicide application.
  • Construction or maintenance activities that require mowing, grading, or excavation.
    Note: For areas that are covered by existing mowing and grading plans, consult the ecology contact prior to nesting season to verify mowing or grading may occur.
  • SNL/CA is subject to the no-till/no-grade policy issued by DOE on January 18, 2000. Exemptions from this policy require prior approval from DOE. Prior to mowing in undeveloped grassland areas of the SNL/CA site, consult the ecology contact to identify specific areas of sensitivity.
  • Activities that have the potential to affect areas inhabited by prairie dogs and other ground squirrels.
    Note: Protected species may use burrows, including prairie dog burrows, for shelter, nesting, or other activities.
  • Operation of off-road vehicles.
  • Site preparation for new buildings or facilities.
  • Activities that alter the ambient air, water quality, or soil quality in the habitat of protected species.
  • Activities that affect the food supply, shelter, or other aspects related to protected species.
  • Activities that produce noise and visual disturbances, such as outdoor tests of components or explosives.

Pest Control and Feral Animals

Activity Responsible Individual Required Action
Provide Oversight Managers of personnel who engage in work that involves pest control and potential contact with feral animals

Ensure that:

  • Pesticides classified by the EPA for restricted use are used only by or under direct supervision of certified applicators, or under regulatory restrictions required by 40 CFR 171, Certification of Pesticide Applicators.
  • Applicable ES&H procedures are followed when work involves the use of pesticides:
    • ESH100.2.IH.4, Evaluate and Control Chemical Hazards.
    • ESH100.1.EP.2, Implement NEPA, Cultural Resources, and Historic Properties Requirements.
Interact with Wildlife Members of the Workforce
  • Avoid contact with potentially hazardous biota (e.g., snakes, rodents, coyotes, feral animals, poison ivy) when possible. Contact with biota may pose health hazards (e.g., stings, bites, rashes, infectious disease).
  • Do not personally mitigate an animal, pest, or weed-control problem unless they are aware of the potential hazards and are equipped to control them. Note:  To arrange for carcass removal; placement of traps; application of rodenticides, insecticides, and herbicides, contact:
    • Facilities Management Operations Center (at SNL/NM)
    • Maintenance Engineering (at SNL/CA)
  • Do not feed or attract wildlife including feral animals and birds.
  • Avoid creating situations that could attract nuisance animals or pests. For example, work areas should be clean and free of litter, food, or debris that could attract animals and pests.
  • Maintain a safe distance, and do not try to help or move injured animals. Some animals are protected by state and federal laws and may require special handling. (See Removal Requests). When an animal is threatening, creating a nuisance, or injured call the appropriate contact, as shown in Table 2, Emergency and Non-Emergency Contacts. Note: The SNL/CA site policy is available here (Policy 2).

Table 2. Emergency and Non-Emergency Contacts

For Emergencies Call 911
For Non-Emergencies at SNL/NM

Call:

  • Non-emergency hotline, 311 or 844-6515.
  • During normal working hours on weekdays, call Facilities Management Operations Center.
  • After hours call Incident Commanders at 844-4189.
For Non-Emergencies at SNL/CA Call 294-3724.

Removal Requests

Activity Responsible Individual Required Action
Request Removal of a Protected Species, Migratory Bird, Nest, Eggs, or Fledgling Members of the Workforce
  • At SNL/NM, initiate a Facilities Management Operations Center request for removal.
  • At SNL/CA, consult the ecology contact.

Note: Once a removal request is made, the ecology contact contacts the customer to discuss the appropriate level of action. If removal of a protected species, migratory bird, nest, egg, or fledgling is warranted, the ecology contact initiates the removal process with DOE and the U.S. Fish & Wildlife Service. If removal or disturbance is not warranted, the ecology contact notifies the customer (e.g., in the case of a migratory bird, the customer must wait for removal to occur at the end of nesting season).

 

Implementing Tools

Guidance

  • Guidance on Complying with Environmental Requirements for Migratory Birds, Protected Species, and Other Biota.

Website

  • Ecology Program

Requirement Drivers (Prime Contract Baseline Directives)

DOE O 450.1A

Additional Drivers

  • 16 U.S.C. § 661 et seq., Fish & Wildlife Coordination Act.
  • 16 U.S.C. § 703, Migratory Bird Treaty Act.
  • 16 U.S.C. § 1531, Endangered Species Act of 1973.
  • 40 CFR 171, Certification of Pesticide Applicators.
  • 50 CFR 10, Wildlife and Fisheries.
  • 50 CFR 17, Endangered and Threatened Wildlife and Plants.
  • 50 CFR 402, Interagency Cooperation - Endangered Species Act of 1973, as amended.
  • California Fish and Game Code.
  • New Mexico Statutes Annotated (NMSA), 17-2-37 et seq., Wildlife Conservation Act.

 

Related Processes and Procedures

Process(es)

Procedure(s)

Change Summary

Date Summary
08/23/2011

Administrative

Modified

Update contact links in Requirements & Instructions for ecology contact and NEPA specialist.
12/14/2010

Administrative

Modified

  • Updated SAPLE links to subject matter expert names for system consistency.
  • Updated all dictionary links for system consistency.
  • Removed blank line in Applicability field.
  • Updated links in Additional Drivers to 50 CFR 10, 50 CFR 17, and 50 CFR 402.
  • Corrected formatting in change summary.
06/16/2010

Administrative

Added

Program website
05/18/2010

Administrative

Modified

Under "Procedure Requirements," corrected link to the SNL/CA site policy for interactions with wildlife. Under "Additional Drivers," corrected links to laws and regulations.