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Contract AdminPermitshard20% of exam part

A contractor discovers an active osprey nest on a cell tower that needs modification. Construction is scheduled to begin during nesting season. What is the most appropriate action?

Correct Answer

B) Delay construction until after nesting season

Ospreys are protected, and active nests cannot be disturbed during nesting season. Construction should be delayed until after nesting season or appropriate wildlife agency consultation and permits are obtained.

Answer Options
A
Relocate the nest before construction begins
B
Delay construction until after nesting season
C
Work around the nest with reduced noise levels
D
Apply for an emergency construction permit

Why This Is the Correct Answer

Ospreys are federally protected under the Migratory Bird Treaty Act, making it illegal to disturb active nests during nesting season without proper permits. The safest and most legally compliant approach is to delay construction until after the nesting season ends, typically in late summer or early fall. This avoids potential federal violations and costly project delays that could result from enforcement actions. Wildlife protection laws take precedence over construction schedules.

Why the Other Options Are Wrong

Option A: Relocate the nest before construction begins

Relocating an active osprey nest is illegal under federal law without proper permits from wildlife agencies. This action could result in significant fines and criminal charges under the Migratory Bird Treaty Act.

Option C: Work around the nest with reduced noise levels

Working around the nest, even with reduced noise levels, still constitutes disturbance of a protected species during nesting season. Any construction activity near an active nest is considered harassment under federal wildlife protection laws.

Option D: Apply for an emergency construction permit

Emergency construction permits do not override federal wildlife protection laws. Such permits are typically for immediate safety hazards, not routine construction projects, and would still require wildlife agency coordination.

Memory Technique

Think 'OSPREY = OBEY' - when you see protected wildlife, you must obey federal law and stop work until the coast is clear

Reference Hint

Florida Building Code Chapter 1, Administrative provisions regarding regulatory compliance, or environmental regulations section

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