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w March 1 through August 1, without prior approval of the Department of Fish and Game. Ci b. Prior to approval of the Final Map,the developer shall participate in the ry,of Stockton's Swainson's Hawk Habitat Conservation Plan and pay the applicable fees. As an alternative, the developer shall purchase in fee or easement at least 63 acres of low quality Swainson's hawk foraging habitat near the project site and convert it to high quality Swainson's hawk foraging habitat. The site shall be selected, maintained, and improved as stated in the 'Summary of Impacts, Mitigation Measures, and Monitoring Program" of the project's Environmental Impact Report (ER-90-3). The site shall be i donated to the California Department of Fish and Game (DFG) or a private land I preservation and management organization and shall be maintained in lightly grazed annual grassland,alfalfa,or other compatible high quality foraging habitat. Operating and maintenance funds shall be provided by the developer to maintain the site until newly planted trees are established and self-sustaining. The site shall be acquired and its Management Plan shall be approved by the DFG prior to its approval of the Final Map. In his appeal, the appellant made the following appeal statements: 1. APPEAL STATEMENT: 'The Swainson's hawk has not been identified as an endangered species.' RESPONSE: According to information provided to staff during the preparation of the Environmental Impact Report (EIR) for the project, the California Department of Fish and Game (DFG) stated that the Swainson's hawk is designated as a Candidate species for listing by the U.S. Fish and Wildlife Service under the federal Endangered Species Act(ESA; 16 U.S.C. 1513-1543)and that the State of Califomia has listed the hawk as a Threatened species, thus providing it protection under the Califomia Endangered Species Act [CESA] (Chapter 1.5 Fish and Game Code). 2. APPEAL STATEMENT: 'The reported number of Swainson's hawks in the Central Valley has increased over the past few years." RESPONSE: The increase in the number of active breeding pairs of Swainson's hawks in the Central Valley between 1988 and 1989 was attributed by the DFG to increased survey intensity during that period, rather than to an actual population increase. 3. APPEAL STATEMENT: 'The Swainson Hawk is migratory and a •game bird' in foreign jurisdictions.• RESPONSE: The Swainson's hawk is a migratory bird species protected under the Migratory Bird Treaty Act of 1918. That status does not exempt it from protections provided by either the ESA or the CESA. The hawk's population decline from historic levels has been attributed to the loss of native nesting and foraging habitat, as well as disturbances in wintering areas in South America. 4. APPEAL STATEMENT: BOS LETTER PAGE 2