The Migratory Bird Treaty Act (MBTA) and Bald and Golden Eagle Protection Act were implemented for the protection of migratory birds and eagles. Unless permitted by regulations, the MBTA makes it unlawful to pursue, hunt, kill, capture, possess, buy, sell, purchase, or barter any migratory bird, including the feathers or other parts, nests, eggs, or migratory bird products. In addition to the MBTA, Executive Order 13186 sets forth the responsibilities of federal agencies to further implement the provisions of the MBTA by integrating bird conservation principles and practices into agency activities and by ensuring that federal actions evaluate the effects of actions and agency plans on migratory birds. Pursuant to Executive Order 13186, a Memorandum of Understanding (MOU) (BLM MOU WO-230-2010-04[BLM 2010]) between the BLM and USFWS outlined a collaborative approach to promote the conservation of migratory bird populations and avoid or minimize adverse impacts on migratory birds in coordination with state, tribal, and local governments.

Migratory bird species commonly associated with the desert shrub community within the Project Area include the horned lark (Eremophila alpestris), sage sparrow (Amphispiza belli), vesper sparrow (Pooecetes gramineus), black-throated sparrow (Amphispiza bileneata), sage thrasher (Oreoscoptes montanus), Brewer’s sparrow (Spizella breweri), western kingbird (Tyrannus verticalis), Say’s phoebe (Sayornis saya), prairie falcon (Falco mexicanus), and Swainson’s hawk (Buteo swainsoni) (BLM 2008a).

Common raptor species that breed in the region include the golden eagle (Aquila chrysaetos), ferruginous hawk (Buteo regalis), Swainson’s hawk, red-tailed hawk (Buteo jamaicensis), turkey vulture (Cathartes aura), Cooper’s hawk (Accipiter cooperii), sharp-shinned hawk (Accipiter striatus), northern harrier (Circus cyaneus), prairie falcon, American kestrel (Falco sparverius), great-horned owl (Bubo virginianus), and long-eared owl (Strix otus) (BLM 2008a). The Proposed Action does not overlap the seasonal protective buffers of any identified active raptor nests in the Project Area.

Refer to Section 3.6.4 (page 3-50 through page 3–55) for raptors and Section 3.6.6 (page 3-59) of the GDBR Final EIS (BLM 2008a) for additional information on other migratory birds and raptors that may inhabit the region.

Burrowing Owl (Athene cunicularia)

The burrowing owl is listed as a UDWR Species of Special Concern and BLM sensitive species. Burrowing owls prefer open areas within deserts, grasslands, and shrubsteppe. Burrowing owls typically inhabit well-drained, level to gently sloping areas characterized by sparse vegetation and bare ground.

Burrowing owls are typically found in open grasslands, where abandoned burrows dug by mammals such as ground squirrels (Spermophilus spp.), prairie dogs (Cynomys spp.) and badgers (Taxidea taxus) are available. Burrowing owls may enlarge or modify these burrows, making them more suitable for nesting. Suitable habitat for this species is present throughout the Project Area.

During the onsite visits, potential nesting habitat for burrowing owls was observed along the proposed pipeline route in the southern portion of the Project Area (BLM 2014); however, there were no active nests identified.

Refer to Section 3.6.7.4 (Page 3-63) of the GDBR Final EIS (BLM 2008a) for more information on the burrowing owl.