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vft� 75itiai Studt,—LID Annexation San Joaquin Valley Air Pollution Control District(SJVAPCD). August 1998. Guide for Assessing and Mitigating Air Quality Impacts. San Joaquin County LAFCo. Mitigated Negative Declaration for the Lathrop Irrigation District Formation. Adopted November 10,2001. 2.4 Biological Resources The proposed Project would be located within the Stewart Tract on agricultural land that is currently in active use. The most recent biological inventory of the project site was prepared with the River Islands EIR. The inventory identified the agricultural nature of the site and the presence of trees that could be used for nesting by sensitive species,along with other areas, such as row crops that provide foraging habitat for raptors. Other specific impacts to both terrestrial and aquatic species were identified with this inventory and appropriate mitigations adopted in the River Islands MMRP. The terrestrial biology evaluation in the River Islands EIR is based on data collected during reconnaissance field surveys, supplemented by reviews of aerial photographs and information from previously completed studies analysis that addressed biological resources in the project area. Reconnaissance-level field surveys were also conducted by EDAW biologists in 2001 and 2002,to characterize general biological resources present in the project area and document areas that could support special-status species and sensitive habitats.The project site had also been visited on numerous occasions by EDAW to collect information related to other aspects of the River Islands EIR analysis. 2.4.1 Regulatory Background Biological resources in California are protected and regulated by a variety of laws and policies at the Federal, State and local level. It is necessary for the proposed project to be in compliance with these regulations. Key statues are summarized below. Federal Endangered Species Act Pursuant to the federal Endangered Species Act(ESA),the U.S. Fish and Wildlife Service (USFWS)and the National Marine Fisheries Service(NM.FS)have authority over projects that may result in take of a federally listed species.Under the ESA,the definition of"take" is to "harass, harm,pursue,hunt, shoot,wound,kill,trap, capture,or collect,or to attempt to engage in any such conduct."USFWS has also interpreted the definition of"harm"to include significant habitat modification that could result in take. If a project has a likelihood that it would result in take of a federally listed species, either an incidental take permit, under Section 10(a)of the ESA, or a federal interagency consultation,under Section 7 of the ESA, is required. Mieratory Bird Treaty Act The Migratory Bird Treaty Act(MBTA), first enacted in 1918, implements domestically a series of treaties between the United States and Great Britain(on behalf of Canada), Mexico,Japan,and the former U.S.S.R.,which provide for international migratory bird protection,and authorizes the Secretary of the Interior to regulate the taking of migratory birds. The MBTA provides that it shall be unlawful,except as permitted by regulations, "to pursue,take,or kill... any migratory bird,or any part,nest or egg of any such bird, included in the terms of conventions" with certain other countries(16 U.S. Code [USC] 703).The current list of species protected by the MBTA includes several hundred species and essentially includes all native birds. Section 3513 of the 26