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guidance on markers, see Avian Power Line Interaction Committee(APLIC). 1994. Mitigating Bird Collisions with Power Lines: The State of the Art in 1994. Edison Electric Institute, Washington, D.C., 78 pp, and Avian Power Line Interaction Committee (APLIC). 1996. Suggested Practices for Raptor Protection on Power Lines. Edison Electric Institute/Raptor Research Foundation, Washington, D.C., 128 pp. Copies can be obtained via the Internet at http://www.eei.org/resources/pubcat/enviro/, or by calling 1-800/334-5453). • Lighting: Nocturnal migrants aggregate at lights when they have become disoriented or "trapped"by the lights after entering their zone of influence. This zone increases when fog is present in the air to reflect the light, and when inclement weather or topographic factors force migrating birds to fly at lower altitudes. The lighting scheme at towers is probably the single most important factor contributing to bird kills at towers that we can control.When lighting is required, duration of lighting is critical as solid state lighting attracts and eventually leads to deaths of many more birds. It is our understanding that towers under 200'are not required to have lighting, and this is the best scenario for avoiding impacts to nocturnal migrants. For towers where lighting is required, it's important to install flashing or strobe lighting with complete breaks between flashes in order to reduce the mortality risk. To reduce the risk of towers to migratory birds, all newly constructed towers should conform to the USFWS Guidelines on Communications Tower Siting, Construction, Operation and Decommissioning (this guidance can be found at http://www.fws.qov/migratorvbirds/CurrentBirdlssues/Hazards/towers/comtow.html). If the site or tower design will present any of the high risk factors identified above, please contact Mr. Steve Ugoretz at 608- 266-6673 or Ms. Shari Koslowsky at 608-261-4382. Section D. Next Steps 1)Evaluate whether the 'Brief description of the proposed project' is still accurate.All recommendations in this ER Review are based on the information supplied in the ER Review Request. If the proposed project has changed, please call me to determine if the information in this ER Review is still valid. 2) Determine whether you are able to implement the 'Follow-up actions' identified above: 'Actions that will need to be taken to comply with state and/or federal endangered species laws' represent the Department's best available guidance for complying with state and federal endangered species laws based on the project information that you provided and the endangered resources information and data available to us. If the proposed project has not changed from the description that you provided us and you are able to implement all of the'Actions that will need to be taken to comply with state and/or federal endangered species laws', your project should comply with state and federal endangered species laws. Please remember that if a violation occurs, the person responsible for the taking is the liable party. Generally this is the landowner or project proponent. If you have questions or concerns about your responsibilities related to Wisconsin's Endangered Species Law, please contact me. If you are not able to implement one or more of the 'Actions that will need to be taken to comply with state and/or federal endangered species laws'identified above, your project may potentially violate state and/or federal endangered species laws. There may still options available to you. Please call me and I will work with you to identify options that may allow the project to proceed in compliance with state and federal endangered species laws. 'Actions we recommend to help conserve Wisconsin's rare species and high-quality natural communities'may be required by another law,a policy of this or another Department,agency or ER Review Log# 10-341 Page 5