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� r� �r r rr � r ■r �■r rr ■� �r �r r� r� r� r * TT Gr ��r United States llcpauln int elf the Intel uo1 R John Little Ph D HSS AND"I1 IN D1 til RVH I 'acH o�»�n whereeit Take a ctuallyykillsude or ingjurescant wildlifetat mdificatin by sOgnificanplyo impagiringrian Fcolot,icrl Scrwcrs r` r 1111—W-111 I UL I. - y r essential behavioral patterns including breeding feeding or shelter SdcrAnrenta Fnld Office - - (50 CFR §17 3) 3310 1 1(ammo Avenu4 Suite 130 Sacramento California 93821-6340 r 1 it L Take incidental to an otherwise lawful activity may be authorized by one of 1-1-97-SP-1012 April 11 1997 two procedures IE a Federal agency is involved with the permitting funding or carrying out of this project then initiation of formal consultation R John Little Ph D between that agency and the Service pursuant to section 7 of the Act is re- President Fra''yr�r�I[f Ihl _'_dSLL,ATS IN- quired if it is determined that the proposed project may affect a federally Sycamore Environmental r.onsultants Inc J listed species Such consultation would result in a biological opinion that 6355 Riverside Blvd Suite C addresses anticipated effects of the project to listed and proposed species Sacramento California 95831 and may authorize a limited level of incidental take If a Federal agency is not involved with the project and federally listed species may be taken as Subject Species Lists for Proposed Stockton Seawall Project part of the project then an "incidental take' permit pursuant to section 10(a) San Joaquin County Callfornia of the Act should be obtained The Service may issue such a permit upon completion by the permit applicant of a satisfactory conservation plan fox the Dear Dr Little listed species that would be affected by the project The enclosed lists are in reply to your letter at March 25 1997 requesting If suitable habitat for federally listed species exists in the project area information about the endangered and threatened species ttat may be present vi we recommend that surveys for them be undertaken by qualified biologists your project area (see Enclosure A) Information concerning the life history during or prior to the environmental review process We also recommend that distribution and habitat requirements for the listed species is available surveys be undertaken for the proposed and candidate species included in upon request Enclosure A if suitable habitat exists on site The results of these surveys The Fish and Wildlife Service (Service) used your map(s) aid/or other infor- should be published in any environmental documents prepared for this project mation to locate the proposed project on a U S Geological Survey (USGS) 7 S minute quadrangle map The animal species on the Enclosure A quad listarea are s) are Should these surveys determine that federally listed or proposed species occur those species we believe may occut within or be affected by projects wLchln In the area and are likely to be affected by the proposed project the Service re the USGS Stockton West quad 462A California where your project is planned 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 plants on the Enclosure A quad list(s) are those that have actually been the project s direct and indirect impacts to listed species and compensates observed in the project quad s) Plants on the county list(5y may also occur for project-related loss of habitat The mitigation plan also should be in the quad(s) where your project is located included in the environmental document Some of the species listed in Enclosure A may not be affected by the proposed We also recommend addressing adverse impacts to candidate species one of the action A trained biologist or botanist familiar with the habitat benefits of considering these species early in the planning process is that by requirements of the listed species should determine whether these species or exploring alternatives it may be possible to avoid conflicts that could habitats suitable for these species may be affected by the proposed action develop should a candidate species become listed before the project is For plant surveys the Service recommends using the enclosed Guidelines for complete Conducting and Reporting Botanical Inventories for Federa y Listed Proposed In the Federal Register of February 2B 1996 the Service changed its policy and Candidate Species (Enclosure By on candidate species The term candidate now strictly refers to species for information and maps concerning candidate species in California are available which the Service has on file enough information to propose listing as from the California Natural Diversity Data Base a progran of the Califoinia endangered or threatened Former category 2 candidate species - species for Department of Fish and Game Address your request to Marketing Manager which listing is possibly appropriate but for which the Service lacks California Department of Fish and Game Natural Diversity Data Base 1416 sufficient information to support a listing proposal - are now called species Ninth street Sacramento California 95814 (916) 322-2493 of concern They are no longer monitored by the Service However we have All listed species identified in Enclosure A are fully pro-ected under the retained them on the enclosed list for general information We encourage mandates of the Fndangered Species Act of 1973 as amend�o (Act) Section 9 consideration of them in project planning as they may become candidate of the Act and its implementing regulations prohibit the take of a federally species in the future listed wildlife species Take is defined by the Act as to harass harm pursue hunt shoot wound kill trap capture or collect any such wildlife 1