The avoidance of take applies not just to a member of the species, but its habitat as well. These demands are made in the form of mitigation or avoidance requirements. If there are Swainson's hawks, work cannot be conducted in the summer during the nesting season. In at least one documented case, work on a levee repair was halted from October 1 to May 1 because giant garter snakes might be present and hibernating.
Mitigation can take a number of forms .
Before levee repair or reconstruction can begin, the mitigation plan must be prepared, submitted and approved by the Fish and Wildlife Service. Both depend on trees. The beetle bores into the branches of elderberry trees. The vireo lives in willows. If the levee district or the Corps of Engineers does not own the site, it must acquire the site.