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4 �E 2 species. Take may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or shelter (50 CFR §17.3) . ,M Take incidental to an otherwise lawful activity may be authorized by one of two procedures, If a Federal.� agency is involved with the permitting, funding, or carrying out of this project, then initiation of formal consultation { between that agency and the S°ervice pursuant to section 7 of the Act is re- quired if it is determined that the proposed project may affect a federally listed species Such consultation would result in a biological opinion that addresses anticipated effects�� of the project to listed and proposed species and may authorize a limited bevel of incidental take. If a Federal agency is not involved with the project., and federally listed species may be taken as k. ' part of the project, then an "incidental take" permit pursuant to section 10(a) of the Act should be obtained. The Service may issue such a permit upon completion by the permit applicant of a satisfactory conservation plan for the listed species that would be ;affected by the project. i If suitable habitat for federally listed species exists in the project area, y we recommend that surveys for them be undertaken by qualified biologists k during or prior to the enviro'umental review process. We also recommend that ` surveys be undertaken for the proposed and candidate species included in Enclosure A if suitable habitat exists on site. The results of these surveys should be published in any environmental documents prepared for this project. iM io ! Should these surveys determine that federally listed or proposed species occur in the area and ars 7 ikoly toI be affected by the pro-osed -roj-.ct, the ScrVice -1 recommends that the project proponent, in consultation with this office and the California Department of Fish and Game, develop a plan that mitigates for ' the project's direct and indirect impacts to listed species and compensates for project-related loss of habitat. The mitigation plan also should be included in the environmental document. 'E i, We also recommend addressing adverse impacts to candidate species. One of the benefits of considering these;� species early in the planning process is that: by exploring alternatives , it may be possible to avoid conflicts that could { develop, should a candidate species become listed before the project is i complete. The Service recently changed 'its policy on candidate species . The term candidate now strictly refers to species for which the Service has on file �. enough information to propose listing as endangered or threatened. Former category 2 candidate species - species for which listing is possibly appro- priate but for which the Service lacks sufficient information to support a listing proposal - are now called species of concern. They are no longer monitored by the Service. However we have retained them on the enclosed list for general information. We encourage consideration of them in project planning, as they may become candidate species in the future. If the proposed project will impact wetlands, riparian habitat, or other jurisdictional waters as defined by the U.S. Army Corps of Engineers (Corps) , a Corps permit will be required, pursuant to section 404 of the Clean Water Act and/or section 10 of the Rivers and Harbors Act. Impacts to wetland habitats require site specific mitigation and monitoring. For questions i+ IE :F