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ENCLOSURE A Endangered Species. This attachment identifies those listed, proposed, and/or candidate species that may occur in the proposed project area. Information and maps concerning candidate species in California may be obtained from the California Natural Diversity Data Base, a program administered by the California Department of .Fish and Game. Requests for information should be addressed to the Marketing Manager, California Department of Fish and Game, Natural Diversity Data Base, 1416 Ninth Street, Sacramento, California 95814. The marketing manager may be contacted by calling (916) 324-0562. You may request additional information from the Chief, California Department of Fish and Game, Non-Game Heritage Program, at (916) 324-8348. Listed species are fully protected under the mandates of the Endangered Species Act (Act), as amended. Section. 9 of the Act and its implementing regulations prohibit the "take" of a federally listed fish and wildlife species by any person, as defined by the Act. Take is defined by the Act "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect" any such species. Take may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or shelter (50 CFR S 17.3). Take incidental to an otherwise lawful activity may be authorized by one of two procedures. If a Federal agency is involved with the permitting, funding, or carrying out of this project, initiation of formal consultation is required between that agency and the Service pursuant to Section 7 of the Act if it is determined that the proposed project may affect a federally listed species. Federal agencies must confer if they determine that the continued existence of a proposed species may be jeopardized by the project. Such consultation or conference could result in a biological opinion that addresses anticipated effects of the project to listed and proposed species. The biological opinion may authorize a limited level of incidental take for federally listed species. If a Federal agency is not involved with the project, and federally listed species may be taken as part of the project, then an "incidental take" permit pursuant to Section 10(a) of the Act should be obtained. The Service may issue such a permit upon completion by the permit applicant of a satisfactory conservation plan for the listed species that may be affected by the project. We recommend that appropriately timed surveys for the identified listed, proposed, or candidate species be undertaken by qualified biologists. The results of these surveys should be published in the environmental impact report. Should these surveys determine that listed, proposed, or candidate species may be affected by the proposed project, the Service recommends that the project proponent, in consultation with this office and the California Department of Fish and Game, develop a plan that mitigates for the project's direct and indirect impacts to these species and compensates for project- related loss of habitat. The mitigation plan also should be included in the environmental impact report. C-37