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Draft Supplemental Environmental Impact Report Page IV.F-20
<br /> Forward Inc. Landfill 2018 Expansion Project
<br /> (BGEPAY4, provides protection for the bald eagle (Haliaeetus leucocephalus)and golden eagle
<br /> (Aquila chrysaetos)by prohibiting the taking,possession, and commerce of such birds,their
<br /> nests,eggs, or feathers unless expressly authorized by permit pursuant to federal regulations.
<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.
<br /> Migratory Bird Treaty Act. The Migratory Bird Treaty Act of 1918, as amended (MBTAY5
<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 /> (MBTRAY7, 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 /> 2416 U.S.C. 668-668c
<br /> 2516 USC§703-711;50 CFR Subchapter B
<br /> 26 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(Callipepla 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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