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2 LEGAL STATUS The Swainson's hawk is a migratory bird species protected under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21). The Swainson's hawk is designated as a Candidate species for listing by the U.S. Fish and Wildlife Service under the federal Endangered Species Act (ESA; 16 U.S.C. 1513-1543). The State of California listed the Swainson's hawk as a Threatened species, thus providing them protection under the California Endangered Species Act [CESA] (Chapter 1.5 Fish and Game Code). In addition, Sections 3503, 3503.5, 3800 of the Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs. The DFG has interpreted the "take" clause in the CESA to include the destruction of either nesting and/or foraging habitat necessary to maintain the reproductive effort. Implementation of the take provisions of the CESA requires that project-related disturbance at active Swainson's hawk territories be reduced or eliminated during critical phases of the nesting cycle (March 1 - August 15 annually). Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) is considered "taking" and is punishable by fines and/or imprisonment. Such taking would also violate federal law protecting migratory birds (e.g., MBTA). The California Environmental Quality Act (CEQA) requires a mandatory findings of significance if impacts to threatened or endangered species are likely to occur (Sections 21001(c), 21083. Guidelines 15380, 15064, 15065). Avoidance or mitigation must be presented to reduce impact to less than significant levels (See Mitigation Criteria #2.).