Mitigation techniques are allowed. For example: the removal of a pole or snag used as a nesting site by ospreys must not occur without an appropriate replacement and the involvement of a licensed and insured certified wildlife control operator.
1.6 Certain criteria relating to a site or proposed development processes or activities may determine the need for the engagement of a wildlife control operator, and include, but are not limited to:
a) removal of any tree, or trees, containing nest/den cavities or bird nests or other features
indicative of current or recent use by wildlife as determined by qualified personnel and;
b) removal of all or part of a significant wildlife corridor or essential wildlife habitat, or any process or activity that, for compliance with the code, requires the capture, trapping or removal of native animals;
c) removal of any complex structure or habitat feature (such as an old farm shed, or brush or log pile) which cannot, by cursory observation, be determined to be uninhabited by wildlife.
Discharge of a developer’s responsibilities under the Suggested Protocol
1.7 If a developer has satisfied the provisions of section 1.1 above, then that is sufficient discharge of their responsibilities and a development activity or process may proceed.
1.8 If a certified wildlife control operator or qualified personnel engaged in that role, for a project or activity makes a determination (in writing) that a development process is unlikely to cause significant adverse effects on wild animals, then that will be sufficient discharge of a developer’s responsibilities, and the development activity or process may proceed.
1.9 Notwithstanding sections 1.7 and 1.8 above, if new information becomes available regarding the presence of animals on, or using a site, then any determinations regarding the need for engagement of a wildlife control operator, and/or fair, reasonable and appropriate measures to protect the welfare of animals, may need to be reviewed.
Removal of wildlife from a site without a certified wildlife control operator
1.10 A person, other than a licensed and insured certified wildlife control operator, may not catch, remove, harass or disturb any animal protected under local, state and/or Federal laws unless that person is properly licensed or permitted by the appropriate local, state and/or federal regulatory agency(s).
1.11 Notwithstanding section 1.10 above, if an animal has wandered onto a site that has previously been assessed as fulfilling the requirements of this code, and a licensed and