3.5.3 Migratory Birds

The Migratory Bird Treaty Act (MBTA) was implemented for the protection of migratory birds. 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.

This section identifies migratory birds that may inhabit the Project Area, including those species classified as High-Priority birds by Utah Partners in Flight Parrish et. al. 2002

Parrish, J.R., F.P. Howe and R.E. Norvell.Utah Partners in Flight Avian Conservation Strategy Version 2.0. Utah Partners in Flight Program, Utah Division of Wildlife Resources, 1594 West North Temple, Salt Lake City, Utah 84116. UDWR Publication Number 02-27. i - xiv + 302 pp.

. High-Priority species are denoted by an asterisk (*). Without conducting comprehensive migratory bird surveys, it is not known if these species are present or not. Species listed below are based on GIS reviews, and a field review during on-site inspections.

Migratory bird species commonly associated with the sagebrush-steppe community within the Project Area include: the mountain bluebird* (Sialia currocoides), grasshopper sparrow* (Ammodramus savannarum), Brewer’s sparrow* (Spizella breweri), sage sparrow* (Amphispiza belli), sage thrasher* (Oreoscoptes montanus), green-tailed towhee* (Pipilo chlorurus), horned lark (Eremophila alpestris), loggerhead shrike (Lanius ludovicianus), western kingbird (Tyrannus verticalis), northern mockingbird (Mimus polyglottos), vesper sparrow (Pooecetes gramineus) and western meadowlark (Sturnella neglecta) Parrish et. al. 2002

Mountain Plover (Charadrius montanus)

The mountain plover is currently a Utah State species of concern. The only known breeding population of mountain plover in Utah is located on Myton Bench. The following proposed host pad locations are within habitat for mountain plover: all

Raptors

Some of the more common and visible birds within the Project Area include raptors, or birds of prey. The Project Area provides diverse breeding and foraging habitat for raptors: mixed desert shrub communities, rocky outcrops, and pinyon-juniper woodlands. All raptor species and their nests are protected from take or disturbance under the MBTA. However, burrowing owls, ferruginous hawks, and golden eagles are also considered to be special status wildlife species.

Through a review of BLM and UDWR data, it was concluded that individuals or their potential nesting habitat may occur within the vicinity of the Project Area. These species are discussed in more detail below. Nests of known and unknown raptor species were identified within 0.5 mile of 12 host locations.

Burrowing Owl (Athene cunicularia)

The burrowing owl is a Utah State species of concern and a BLM sensitive species. In Utah, prairie dog burrows are the most important source of burrowing owl nest sites. Burrowing owl use of abandoned prairie dog towns is minimal, and active prairie dog towns are the primary habitat for the owls. As the range and abundance of these burrowing mammals have decreased, so too has the status of the burrowing owl. If burrowing owls are using prairie dog colonies in the Project Area as nest sites, there are potential impacts to burrowing owls as a result of the Proposed Action. Based on the prairie dog burrows located within a half mile, the following host locations have a potential for burrowing owl nesting: 12-13-9-17, 14-5-9-18, 4-9-9-18, 8-8-9-18 and 16-5-9-18

Golden Eagle (Aquila chrysaetos)

The golden eagle is considered a permanent resident of Utah. Habitat includes open country, in prairies, arctic and alpine tundra, open wooded country, and barren areas, especially in hilly or mountainous regions. Nests can be found on rock ledges on cliffs or in large trees. Pairs may have several alternate nests, or may use the same nest in consecutive years or shift to alternate nest used in different years. There is potential for golden eagle nests to occur within 0.5 mile of host location 8-14-9-17, 12-13-9-17, 4-13-9-17, 2-13-9-17, 6-5-9-18, and 12-4-9-18.

Ferruginous Hawk (Buteo regalis)

This species is considered a permanent resident of Utah. Ferruginous hawks inhabit dry, open country of the plains, prairies, grassland, shrub-steppe, and deserts, especially in those areas with native bunchgrasses. They winter in open areas as well, especially in agricultural fields. There are documented ferruginous hawk nests within 0.5 mile of host locationGilsonite Flowline.

Red Tailed Hawk(Buteo jamaicensis)

This species is considered to be a permanent resident of Utah. There is a wide variety of habitat utilized by this species to included woodlands, deserts and forests. Nests can be found in crags, trees and other raptor nests. There are documented red-tailed hawk nests within 0.5 miles of host location 3-5-9-18 and 6-5-9-18.

Great Horned Owl (Bubo virginianus)

This species is considered to be a permanent resident of Utah. There is a wide variety of habitat utilized by this species to included woodlands, deserts and forests. Nests can be found in crags, trees and other raptor nests. There are documented great horned owl nests within 0.5 miles of host location 3-5-9-18