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4.Environmental Analysis — Prior to enactment of the CESA,the designation of"Fully Protected" was used by CDFG to identify species that had been given special protection by the California Legislature by a series of statutes in the California Fish and Game Code. (See§§ 3503.5, 3505, 3511, 3513,4700,4800, 5050, 5515.) Many fully protected species have also been listed as threatened or endangered — species under the more recent endangered species laws and regulations; however,the original statutes have not been repealed, and the legal protection they give the species identified within them remains in place. Fully Protected species may not be taken or possessed at any time;and no — licenses or permits may be issued for their take except for collecting these species for necessary scientific research and relocation of the bird species for the protection of livestock. "Fully protected species"actually enjoy a greater level of legal protection than "listed" species because endangered or threatened species can be "taken"for development purposes with the issuance of a permit by CDFG. White-tailed kite(Elanus leucurus) is a fully protected species with the potential to be affected by the project. CDFG maintains lists for Candidate-Endangered Species(SCE) and Candidate-Threatened _ Species(SCT). California candidate species are afforded the same level of protection as listed species.California also designates Species of Special Concern(CSC) which are species of limited distribution,declining populations,diminishing habitat,or unusual scientific,recreational,or — educational value. These species do not have the same legal protection as listed species or fully protected species,but may be added to official lists in the future. The CSC list is intended by CDFG as a management tool for consideration in future land use decisions. — The CDFG does not normally have direct jurisdiction over wetlands unless they are subject to jurisdiction under Streambed Alteration Agreements or they support state-listed endangered — species; however,CDFG has trust responsibility for wildlife and habitats pursuant to California law. The state's authority in regulating activities in "waters of the U.S."resides primarily with the CDFG and the SWRCB. CDFG provides comments on ACOE permit actions under the Fish and — Wildlife Coordination Act. .The SWRCB,acting through the RWQCB, must certify that an ACOE permit action meets state water quality objectives(Section 401,Clean Water Act). CDFG is also authorized under the California Fish and Game Code Sections 1600-1616 to develop mitigation measures and enter into Streambed Alteration Agreements with applicants who propose projects that would substantially obstruct the natural flow of, or substantially change or use material from the bed, channel,or bank of a river, stream or lake and cause a substantial adverse impact to fish and wildlife. Although threatened and endangered species are protected by specific federal and state statutes, CEQA Guidelines Section 15380(d)provides that a species not listed on federal or state lists of — protected species may, but need not,be considered rare or endangered if the species can be shown to meet certain specified criteria. These criteria have been modeled after the definition in the FESA and CESA. CEQA allows a public agency to undertake a review to determine if a significant effect on species that have not yet been listed by either the USFWS or CDFG(i.e., candidate species) would occur.Thus,CEQA provides an agency with the ability to protect a species from a project's potential impacts, if warranted. — RMC Pacific Vernalis Quarry Mining and Reclamation Project 4.9-10 ESA 1203015 Draft Environmental Impact Report May 2006