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• • • Draft Supplemental Environmental Impact Report Page IV.17-19 Forward Inc. Landfill 2018 Expansion Project • • U.S. Fish and Wildlife Service • Federal Endangered Species Act. Section 9 of the federal Endangered Species Act(FESA)17 • prohibits the "take" of federally listed endangered species of fish or wildlife and many plant • species18. The FESA defines "take" to mean "harass, harm, pursue, hunt,shoot, wound, kill, • trap, capture, or attempt to engage in any such conduct"19. A "take" can also include habitat • modification or degradation that directly results in death or injury to a listed wildlife species. • An activity can be defined as "take" even if it is unintentional or accidental. The FESA21 • requires that actions authorized, funded, or carried out by federal agencies (i.e., issuing a permit pursuant to the CWA) do not"jeopardize the continued existence of any endangered species or • threatened species or result in the destruction or adverse modification of lands determined by • the USFWS or the National Marine Fisheries Service (NMFS) to be 'critical habitat"' for such • species21. If a federal agency determines that a proposed federal action (i.e., issuance of a CWA • Section 404 permit for wetland fill) "may affect" a listed species and/or designated critical habitat, the agency must consult with the USFWS and/or the NMFS in accordance with • Section 7 of the FESA. If the "take" of a federally listed species may occur, the applicant may be • required to obtain an Incidental Take Permit from the USFWS and/or NMFS. This permit • allows the taking of federally listed species if the "take" is "incidental to and not the purpose of, • the carrying out of an otherwise lawful activity"22. The USFWS and/or NMFS issues an • Incidental Take Permit only if the applicant, to the maximum extent possible, has minimized and mitigated for the impacts of the taking and provided adequate funding for the mitigation • plan, and if the taking would not appreciably reduce the likelihood of the survival and recovery • of the species in the wild23. Incidental Take permits are obtained through FESA Section 7 consultation between the USACE and USFWS and/or NMFS or under Section 10 through an approved Habitat Conservation • Plan. Take authority for federally listed species covered under the SJMSCP would conform to • the FESA. • Federally listed species for which take authority may be required and provided by participation • in the SJMSCP include giant garter snake. • • Bald and Golden Eagle Protection Act. The Bald and Golden Eagle Protection Act, as amended • (BGEPA)29, provides protection for the bald eagle (Haliaeetus leucocephalus) and golden eagle • (Aquila chrysaetos)by prohibiting the taking, possession, and commerce of such birds, their nests,eggs, or feathers unless expressly authorized by permit pursuant to federal regulations. • • 1716 USC 1531, et seq.;50 CFR Parts 17 and 222 • 1816 USC 1538 [a][1][B] • 19 16 USC 1532[19] 11§7(a)(2) • 2116 USC 1536[a][2] and 16 USC 1532[5] • 2216 USC 1539[a][1][B] • 2316 USC 1539[a][2][B] 2416 U.S.C.668-668c • • • •