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Draft Supplemental Environmental Impact Report Page IV.F-17 Forward Inc.Landfill 2014 Expansion Project Bald and Golden Eagle Protection Act. The Bald and Golden Eagle Protection Act, as amended (BGEPA)26, provides protection for the bald eagle (Haliaeetus leucocephalus) and golden eagle (Aquila chrysaetos)by prohibiting the taking, possession, and commerce of such birds, their nests, eggs, or feathers unless expressly authorized by permit pursuant to federal regulations. The golden eagle is the only species subject to the provisions of the BGEPA that is covered under the SJMSCP. However,because the SJMSCP is based on the more stringent, federal standard for "take" pursuant to the FESA, which includes modification of habitat, Incidental J Take Permits for the golden eagle are included in the SJMSCP to allow for the conversion of habitat for the golden eagle with appropriate creation of compensatory habitat for this species. To fulfill the requirements of the BGEPA, however, the Incidental Take Minimization Measures of the SJMSCP for the golden eagle have been designed to avoid "take", as defined by the BGEPA. While there is no potential for the occurrence of bald eagle on site, suitable foraging habitat for golden eagle is present within the study area,and suitable nesting and foraging habitat for golden eagle is present on surrounding parcels. Migratory Bird Treaty Act. The Migratory Bird Treaty Act of 1918, as amended (MBTA)27 — includes provisions for the protection of migratory birds, including basic prohibitions against any taking not authorized by federal regulation. The MBTA makes it unlawful, unless expressly authorized by permit pursuant to federal regulations, to pursue, hunt, take, capture, — kill, attempt to take, capture or kill, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation,transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage,or export at any time, or in any manner,any migratory bird, or any part, nest, or egg of any such bird. The administering agency for the above authority is the USFWS. Most bird species occurring within the project region fall under the protection of the MBTA28. On December 8,2004 congress adopted the Migratory Bird Treaty Reform Act (MBTRA)29, which excludes from protection all migratory birds that are considered to be non- native or that have been human introduced to the U.S. or its territories. It defines a native migratory bird as a species present within the U.S. and its territories as a result of natural biological or ecological processes.30 As discussed in Section 8.7, Impacts and Mitigation Measures,project implementation would conflict with the MBTA. Though most of the project area is intensively managed for agriculture, there is a high potential for the occurrence of migratory birds to nest within vegetation along roadsides and along the banks of the South Branch of the South Fork of Littlejohn's Creek. San Joaquin County General Plan The San Joaquin County General Plan (SJCGP) outlines objectives,policies and implementation — measures related to natural resources within the Project area. Objectives of the SJCGP call for the protection and improvement of vegetation,fish and wildlife resources in the County and to 2616 U.S.C.668-668c 27 16 USC§703-711;50 CFR Subchapter B 28 With the exception of those species that belong to the families not listed in any of the four treaties, such as wrentit(Chamaea fasciata), European starling(Sturnus vulgaris), California quail (Callipepla californica), ring—necked Pheasant (Phasianus colchicus) and chukar (Alectoris chukar), among others less common in California. 29 Division E,Title I,Section 143 of the Consolidated Appropriations Act,2005,PL 108-447. 30 The MBTRA excludes two additional species commonly observed in the U.S., the rock pigeon(Columba livia)and domestic goose(Anser anser'domesticus').