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
C) 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.
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: Apply for an emergency construction permit
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 B: Relocate the nest before construction begins
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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