Laserfiche WebLink
6 <br /> MITIGATION CRITERIA <br /> GOAL: NO NET LOSS OF SWAINSON'S HAWKS NESTING OR FORAGING <br /> HABITAT <br /> I. Consultation under California Environmental Quality Act (CEQA) and/or California <br /> Endangered Species Act (CESA). <br /> 1. Proiect Consultation <br /> Project proponent must consult with the DFG regarding take <br /> of an endangered species or its habitat pursuant to Section 2081 <br /> of CESA, and appropriate Fish and Game Code Sections. <br /> A. Pursuant to Article 4 of CESA, State agencies are <br /> required to consult with the DFG to ensure that any action <br /> authorized, funded or carried out by that state agency will <br /> not jeopardize the continued existence of any endangered <br /> species. <br /> 2. CEOA and Subdivision Man Act <br /> Project proponents are encouraged to consult the Department's <br /> California Natural Diversity Data Base and Nongame Section to <br /> receive updated locational information regarding active Swainson's <br /> hawk territories. Due to the complexities of individual cases, it is <br /> advisable that developers or others planning projects or actions <br /> that may impact one or more Swainson's hawk territories initiate <br /> communication with the Department as early as possible. <br /> A. CEQA Guidelines Sec. 15065 directs that a mandatory <br /> finding of significance is required for projects that have the <br /> potential to substantially degrade or reduce the habitat of, <br /> or restrict the range of a threatened or endangered species. <br /> CEQA requires agencies to implement feasible mitigation <br /> measures or feasible alternatives identified in EIR's for <br /> projects which will otherwise cause significant adverse <br /> impacts (Sections 21002, 21081, 21083; Guidelines, sections <br /> 15002, subd. (a)(3), 15021, subd. (a)(2), 15091, subd. (a).). <br /> To be legally adequate, mitigation measures must be <br /> capable of "avoiding the impact altogether by not taking a <br /> certain action or parts of an action"; "minimizing impacts <br /> by limiting the degree or magnitude of the action and its <br /> implementation"; "rectifying the impact by repairing, <br />