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<br /> ` Draft Supplemental Environmental Impact Report Page IV.17-20
<br /> Forward Inc. Landfill 2014 Expansion Project
<br /> State law also prohibits the take, possession, purchase or sale of protected furbearers38.
<br /> �' Additionally, the CDFW maintains lists of"Species of Special Concern" that are defined as
<br /> species that appear to be vulnerable to extinction because of declining populations,limited
<br /> ranges, and/or continuing threats. The CDFW may provide comments on a Project's CEQA
<br /> document and may incorporate all CEQA and USFWS/NMFS mitigation measures into the
<br /> Section 1602 Lake and Streambed Alteration Agreement and Incidental Take Permit39.
<br /> The CDFW enforces the CFGC, which designates fully protected birds40, fully protected
<br /> mammals", fully protected reptiles and amphibians42, and fully protected fish 3. With the
<br /> exception of permitted scientific research, no take of any fully protected species is allowed.
<br /> The CDFW administers the CNPPA, which allows the California Fish and Game Commission to
<br /> designate rare and endangered rare plant species and to notify landowners of the presence of
<br /> such species. It also allows the commission to regulate the "taking, possession,propagation,
<br /> �.. transportation, exportation, importation, or sale of any endangered or rare native plantsi44. The
<br /> CNPPA further directs that "... [n]o person shall import into this state, or take, possess, or sell
<br /> within this state, except as incident to the possession or sale of the real property on which the
<br /> ` plant is growing, any native plant, or any part or product thereof, that the commission
<br /> determines to be an endangered native plant or rare native plant"45. However, the prohibition
<br /> against"take" of native plants does not apply to"the removal of endangered or rare native
<br /> plants from a canal, lateral ditch,building site, or road,or other right-of-way by the owner of
<br /> the land or his agent, or the performance by a public agency or a publicly or privately owned
<br /> public utility of its obligation to provide service to the public" where the landowner at issue has
<br /> notified CDFW "at least 10 days in advance of changing the land use to allow for salvage of
<br /> �,. such plant" and CDFW fails to avail itself of the opportunity to remove the plants46
<br /> The CFGC47 makes it illegal to take, possess, or needlessly destroy the nest or eggs of any bird
<br /> ` except as otherwise provided under the code. The CFGC prohibits the take, possession, or
<br /> needless destruction of any nests,eggs or birds in the orders Falconiformes (new world
<br /> vultures,hawks, eagles, ospreys and falcons, among others) or Strigiformes (owls)48, the take or
<br /> possession of fully protected birds49, and the take or possession of any migratory nongame bird
<br /> �- or part thereof as designated in the MBTAso
<br /> The Significant Natural Areas Programs' was established to encourage the cooperation of
<br /> federal, state, local, and private sectors,including private organizations and individuals, in
<br /> efforts to maintain areas containing diverse ecological and geological characteristics, which are
<br /> vital to the continual health and well being of the state's natural resources and of its citizens.
<br /> b 3814 CCR Section 460
<br /> 39 CFGC Section 2081
<br /> 40 CFGC§3511
<br /> 41§4700
<br /> '` 41§5050
<br /> 43§5515
<br /> 44 CFGC Section 1907
<br /> 41 CFGC Section 1908
<br />` 46 CFGC Section 1913
<br /> 47 CFGC Section 3503
<br /> 41 CFGC Section 3503.5
<br /> 49 CFGC Section 3511
<br /> s°CFGC Section 3513
<br /> sl CFGC Section 1930-1940
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