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<br /> Draft Supplemental Environmental Impact Report Page IVT-20 •
<br /> Forward Inc. Landfill 2018 Expansion Project
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<br /> The golden eagle is the only species subject to the provisions of the BGEPA that is covered
<br /> under the SJMSCP. However,because the SJMSCP is based on the more stringent, federal
<br /> standard for "take"pursuant to the FESA, which includes modification of habitat, Incidental •
<br /> Take Permits for the golden eagle are included in the SJMSCP to allow for the conversion of •
<br /> habitat for the golden eagle with appropriate creation of compensatory habitat for this species. •
<br /> To fulfill the requirements of the BGEPA,however, the Incidental Take Minimization Measures •
<br /> of the SJMSCP for the golden eagle have been designed to avoid "take", as defined by the
<br /> BGEPA. •
<br /> While there is no potential for the occurrence of bald eagle on site, suitable foraging habitat for
<br /> golden eagle is present within the study area, and suitable nesting and foraging habitat for
<br /> golden eagle is present on surrounding parcels. •
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<br /> Migratory Bird Treaty Act. The Migratory Bird Treaty Act of 1918, as amended (MBTA)25 •
<br /> includes provisions for the protection of migratory birds, including basic prohibitions against •
<br /> any taking not authorized by federal regulation. The MBTA makes it unlawful, unless
<br /> expressly authorized by permit pursuant to federal regulations, to pursue, hunt, take,capture, •
<br /> kill, attempt to take, capture or kill, offer for sale, sell, offer to purchase, purchase, deliver for •
<br /> shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be •
<br /> transported, carry, or cause to be carried by any means whatever, receive for shipment, •
<br /> transportation or carriage, or export at any time, or in any manner, any migratory bird, or any
<br /> part, nest, or egg of any such bird. The administering agency for the above authority is the •
<br /> USFWS. Most bird species occurring within the project region fall under the protection of the •
<br /> MBTA26. On December 8, 2004 congress adopted the Migratory Bird Treaty Reform Act •
<br /> (MBTRA)21, which excludes from protection all migratory birds that are considered to be non- •
<br /> native or that have been human introduced to the U.S. or its territories. It defines a native
<br /> migratory bird as a species present within the U.S. and its territories as a result of natural •
<br /> biological or ecological processes 28 As discussed in Section 8.7, Impacts and Mitigation •
<br /> Measures, project implementation would conflict with the MBTA. •
<br /> Though most of the project area is intensively managed for agriculture,there is a high potential
<br /> for the occurrence of migratory birds to nest within vegetation along roadsides and along the
<br /> banks of the South Branch of the South Fork of Littlejohn's Creek.
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<br /> 2516 USC§703-711;50 CFR Subchapter B •
<br /> 28 With the exception of those species that belong to the families not listed in any of the four treaties, such •
<br /> as wrentit (Chamaea fasciata), European starling (Sturnus vulgaris), California quail(Calliyepla californica), •
<br /> ring—necked Pheasant (Phasianus colchicus) and chukar (Alectoris chukar), among others less common in
<br /> California. •
<br /> 27 Division E,Title I,Section 143 of the Consolidated Appropriations Act,2005, PL 108-447. •
<br /> 28 The MBTRA excludes two additional species commonly observed in the U.S., the rock pigeon(Columba •
<br /> livia)and domestic goose(Anser anser 'domesticus').
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