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described above and outline require;d reporting/monitoring requirements. These terms <br />and conditions are non-discretionary. <br />The Service will not refer the incidental take of any migratory bird or bald eagle for <br />prosecution under the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. Sec. <br />703-712), the Bald and Golden Ea€;le Protection Act of 1940, as amended (16 U.S.C. <br />Sec. 668-668d), if such take is in compliance with the terms and conditions specified <br />herein. <br />Terms and Conditions (RPM 1): <br />1) Program personnel engaged in monitoring and research of whooping crane <br />habitat use in the central Platte :River valley will maintain a safe distances from <br />whooping cranes, as identified the whooping crane monitoring protocol (in the IMRP) <br />or in the endangered species pern-dt(s) issued by the Service, whichever distance is <br />greater. <br />Human encounters with whooping crane(s) resulting in the whooping crane(s) taking <br />flight will be documented and reported to the Service's Nebraska Field Office in <br />Grand Island, Nebraska, at the end of each migration season. In the report, <br />information on the weather, date, lucation, observers, number of whooping cranes <br />involved, distance from the whooping cranes at the time the cranes take flight, other <br />species involved (if applicable), and any other pertinent information, shall be included <br />for each encounter. <br />Terms and Conditions (RPM 2): <br />1) If land management activities within the channel of the Platte River occur <br />between April 1 and May 10, constniction shall only be permitted between the hours of <br />10:00 a.m. and 3:00 p.m. daily. The construction should be completed as quickly as <br />possible. <br />2) Aerial surveys andJor other Program monitoring activities for whooping cranes <br />will be conducted by the Program during the spring and fall migrations. The aerial <br />survey crew or ground survey crew shall contact any Program construction crew <br />whenever (and as soon as) whoopirig cranes are discovered in the Platte River study <br />area, and report the results of each survey to the construction crew(s) as long as the <br />whooping cranes are in the study area. <br />3) Earth moving equipment should be moved from the river channel to an upland <br />site located behind a tree line at the end of each work day. <br />C. Pallid Sturgeon