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II Rmingicalutut F+sherer Rerourre,EmluoGnn and II Welland Delmez oon Report Weber Point Southhank Seawall Pm),,, C try ojStockton G! ii VII. IMPACT EVALUATION jl i. A. Determination of Significance of Impacts , Impacts to biological resources were evaluated for significance based on legal protection, local, state, and federal agency policies, and documented resource scarcity and sensitivity ' 1. State and Federal Statutes The purpose of the Biological and Fisheries Resources Evaluation and Wetland Delineation j Report is to conduct biological studies and perform analyses and evaluations necessary to satisfy the legal requirements of State and Federal statutes , These statutes include ' • National Environmental Policy Act(42 U S C 4321 et seq ) • Federal Endangered Species Act(16 U S C 1531-1543) • Section 404 of the Clean Water Act(33 U S C 1251.1376) Section 10 of the Rivers and Harbors Act(33 U S CI 401 et seq ) , • Fish and Wildlife Coordination Act(16 U S C 661-666) • National Wild and Scenic Rivers Act(16 U S C 1271-1287) • Executive Order 11990, Protection of Wetlands (May 24, 1977) ' i3 • California Environmental Quality Act (P R C 21000 et seq ) • California Endangered Species Act(California Fish and Game Code 2050 et seq } i Native Plant Protection Act(Califomia Fish and Game Code 1900-1913) California Wild and Scenic Rivers Act(P R C 5093 50 et seq ) , • Sections 1601-1603 of the California Fish and Game Code that pertain to streambed alterations �I 0 Migratory Bird Treaty Act of 1918(16 U S C 703-711) 2. Federal Endangered Species Act The Federal Endangered Species Act defines 'take' (Section]9) and prohibits 'taking' of a ' w listed endangered or threatened species (16 U S C 1532, 50 CFR 17 3) If a federally listed species could be harmed by a protect, a Section 7 or 10 consultation must be initiated, and an II Incidental Take Permit must be obtained (16 U S C 1539, 50 CFR 13) , 3. Federal Migratory Bird Treaty Act Migratory birds are protected under the federal Migratory Bird Treaty Act(MBIA) of 1918 (16 i U S C 703-711) The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter iy h any migratory bird listed in 50 CFR Part 10 including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (501CFR 21) All migratory bird , species are protected by the MBTA The direct injury or death of an individual of this species, dl due to construction activities or any construction-related disturbance that causes nest abandonment or forced fledging of this species, would be considered a significant impact �I Any removal of active nests during the breeding season or any disturbance that results in the abandonment of nestlings is considered a'take' of the species under federal law Impacts to migratory birds that result in a 'take' of the species would be significant S� I; 4. California Fish and Game Code The California Fish and Game Code defines'take' (Section 86)and prohibits 'taking' of a species listed as threatened or endangered under the California Endangered Species Act 1 I i i 1 1 SEA-8104 DOC 9118197 Sycamore Environmental Consultants Inc