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4.2 – Biological Resources Draft Environmental Impact Report February 2021 14800 W. Schulte Road Logistics Center 4.2-4 Special-Status Plant Species For the purposes of this analysis, special-status plant species are those plants listed, proposed for listing, or candidates for listing as threatened or endangered by USFWS under FESA (16 USC 1531 et seq.); those listed or proposed for listing as rare, threatened, or endangered by CDFW under CESA (CFGC Section 2050 et seq.); and plants that have a California Rare Plant Rank of 1 or 2 in the California Native Plant Society’s online Inventory of Rare and Endangered Plants (CNPS 2020). No plant species with federal or state listing status pursuant to FESA or CESA, or with a California Rare Plant Rank of 1 or 2 have a potential to occur on or adjacent to the Project site. The Project site is not likely to support any special-status plants due to the lack of suitable habitat within or adjacent to the Project site, the extensively disturbed condition of the site and lack of natural vegetation communities, and due to the site being outside of the species’ known elevation range. No special-status plants were detected on site or in the surrounding area during the October 2020 field survey conducted by Dudek biologists. Although no focused surveys were conducted, focused surveys for special-status plant species are not warranted due to the highly disturbed condition of the site. Non-native plant species indicative of disturbance dominate the site, such as Russian thistle, shortpod mustard, five horn bassia, and invasive annual grasses. Results of the CNDDB and California Native Plant Society Online Inventory searches revealed that 37 special-status plant species have potential to occur in the Project region, which includes the “Tracy and Midway, California” U.S. Geological Survey 7.5-minute quadrangle and the eight surrounding quadrangles. Of these special-status plants, all 37 species were removed from consideration and are not expected to occur on the site due to the factors described above. 4.2.2 Relevant Plans, Policies, and Ordinances Federal Federal Endangered Species Act The federal Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended, is administered by USFWS and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS). This legislation is intended to provide a means to conserve the ecosystems upon which endangered and threatened species depend, and provide programs for the conservation of those species, thus preventing extinction of plants and wildlife. As part of this regulatory act, FESA provides for designation of critical habitat, defined in FESA Section 3(5)(A) as specific areas within the geographical range occupied by a species where physical or biological features “essential to the conservation of the species” are found and that “may require special management considerations or protection.” Critical habitat may also include areas outside the current geographical area occupied by the species that are nonetheless “essential for the conservation of the species.” Under provisions of FESA Section 9(a)(1)(B), it is unlawful to “take” any listed species. “Take” is defined in FESA Section 3(19) as harassing, harming, pursuing, hunting, shooting, wounding, killing, trapping, capturing, or collecting, or attempting to engage in any such conduct. FESA Section 7(a)(2) directs federal agencies to consult with USFWS for any actions they authorize, fund, or carry out that may jeopardize the continued existence of any listed species or result in the destruction or adverse modification of federally designated critical habitat. Consultation begins when the federal agency submits a written request for initiation to USFWS or NMFS, along with the agency’s biological assessment of its proposed action (if necessary), and USFWS or NMFS accepts that sufficient information has been provided to initiate consultation. If