SU0005222 (2) - Laserfiche WebLink

Home Browse Search

`776tia!Study—LID Annexation California Fish and Game Code provides for adoption of the MBTA's provisions.Although neither the MBTA nor this state code offers statutory or regulatory mechanisms for obtaining an incidental take permit for the loss of non-game migratory birds,a Section 10(a)permit issued under the ESA may constitute a special purpose permit for the take of covered species also listed under the MBTA. Magnusson-Stevens Fishing Conservation and Management Act The Magnuson-Stevens Act is primarily concerned with sport and commercial harvest of major fisheries. In addition to the effects from fishing activities,however,the act recognizes the adverse effects of habitat alterations and dam and hatchery operations as major contributors to the decline of Chinook salmon in the region. The act mandates a consultation process for federal agencies whose activities may adversely affect Essential Fish Habitat(EFH).This consultation process is intended to provide those agencies with technical assistance in making their activities consistent with conservation of EFH. The purpose of identifying adverse effects and companion conservation measures is to provide general guidance for consultations and to make this information available ahead of time to federal and non-federal entities so that they may proactively include habitat conservation in their planning.U.S. Fish and Wildlife Service (USFWS) is the primary agency responsible for administering the Magnuson-Stevens Act and EFH requirements. Natural Community Conservation Planning Act The Natural Community Conservation Planning Act(NCCPA)authorizes and encourages conservation planning on a regional scale in California through preparation of Natural Community Conservation Plans(NCCPs).NCCPs address the conservation of natural communities as well as individual species.The NCCPA's focus on regional conservation rather than individual project mitigation is appropriate for complex and extensive programs. However, no NCCPs currently cover the project area. CALFED Multi-Species Conservation Strategy The CALFED Bay-Delta Program(CALFED) is a cooperative state and federal effort to improve conditions in the Sacramento-San Joaquin River Delta relative to ecosystem quality,water supply reliability,water quality,and levee system integrity. In support of the ecosystem quality element of CALFED,the CALFED Multi-Species Conservation Strategy(MSCS)outlines a comprehensive strategy for conservation of numerous species of fish,wildlife,and plants and their habitats during implementation of CALFED projects.The MSCS provides background information on CALFED's species and habitat goals; prescriptions and conservation measures for achieving species goals;and streamlined regulatory processes for ESA, CESA,and NCCPA compliance. The MSCS is specific to CALFED and cannot be applied to the proposed project. Section 404 of the Clean Water Act Section 404 of the Clean Water Act(CWA)establishes a requirement to obtain a permit before any activity that involves any discharge of dredged or fill material into"waters of the United States," including wetlands. Waters of the United States include navigable waters of the United States,interstate waters, all other waters where the use or degradation or destruction of the waters could affect interstate or foreign commerce,tributaries to any of these waters,and wetlands that meet any of these criteria or that are adjacent to any of these waters or their tributaries. Wetlands are defined as those areas that are inundated or saturated by surface water or groundwater at a 27