South Carolina Department of Transportation and the United States Department of Agriculture, Partnering for Success in Migratory Bird Treaty Act Compliance: A Case Study

The South Carolina Department of Transportation (SCDOT) is responsible for maintaining over 8,400 bridges statewide and several species of migratory birds use these structures as nesting locations. These birds, including their nests and eggs, are protected under the Migratory Bird Treaty Act (MBTA). During a review of MBTA compliance in 2014, SCDOT concluded that they had no procedures in place to allow take to occur when active migratory bird nests were found within project limits. Project delays were the only management method available when active nests were found. SCDOT entered a Cooperative Service Agreement with USDA Wildlife Services (WS) in 2016 to address MBTA compliance on SCDOT projects. The agreement called for WS to manage migratory birds at bridge projects to prevent project delays. WS would repeatedly visit bridge projects, survey the bridges for nests, and remove the nests before they became active. Since 2016, WS has inspected 233 bridges and migratory birds were present at approximately 66% of those bridges with a total of 9,250 inactive nests being removed using a variety of methods. Since the partnership’s inception, construction delays due to migratory birds have been completely avoided with an average cost per project of $1,525. With the passage of a new motor fuel user fee in South Carolina, SCDOT plans to replace 465 bridges over the next 10 years. This increase in work will require continued development and implementation of the partnership to effectively meet the rapidly growing transportation needs while minimizing impacts to species protected under the MBTA