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Dowsign Envelope ID:6B7aA057-858041E9-9812.293B00A69D80 PA-2600014 (C) March 24,2026 Page 5 the MBTA by adopting the Fish and Game Code section 3513, Fish and Game Code sections 3503,3503.5 and 3800 provide additional protection to nongame birds, birds of prey,their nests and eggs. Sections 3503,3503.5,and 3513 of the Fish and Game Code afford protective measures as follows: section 3503 states that it is unlawful to take, possess,or needlessly destroy the nest or eggs of any bird,except as otherwise provided by the Fish and Game Code or any regulation made pursuant thereto;section 3503.5 states that is it unlawful to take,possess,or destroy any birds in the orders Falconiformes or Strigiformes(birds-of-prey)or to take, possess,or destroy the nest or eggs of any such bird except as otherwise provided by the Fish and Game Code or any regulation adopted pursuant thereto;and section 3513 states that it is unlawful to take or possess any migratory nongame bird as designated in the MBTA or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the META. Potential habitat for nesting birds and birds of prey is present within the Project Area.At the assessment level,the environmental document should disclose the likelihood of nesting habitat occurring within the Project Area and Identify general seasonal constraints associated with avian breeding activity, typically from February 1 through August 31,depending on the bird species with the potential to occur in the area,and local conditions.General avoidance,minimization,and/or mitigation measures to avoid take should be included in the environmental document which may include: • Conducting pre-construction nesting bird surveys by a qualified biologist within appropriate buffer distances for all phases of construction.Timelines and nesting bird survey distances should be decided upon based on the risk of impacts to potential nesting bird species that should be Identified for smaller scale projects to follow. • Establishing protective species-specific buffers around active nests with distances based on activity type and intensity,as well as nest stage and location. • Restricting ground disturbance or vegetation removal to outside of avian breeding and nesting time(approximately February 1 through August 31). The environmental document should incorporate mitigation performance standards that would ensure that impacts are reduced to a less-than-significant level. Mitigation measures proposed in the environmental document should be made a condition of approval of the project. California Endangered Species Act CDFW is responsible for ensuring appropriate conservation of fish and wildlife resources including threatened,endangered,and/or candidate plant and animal species,pursuant to CESA.CDFW recommends that a CESA Incidental Take Permit(ITP)be obtained if future