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