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_ San Joaquin County Community Environmental Setting,Impacts,and Mitigation Measures Development Department Biological Resources subspecies,or distinct population segments that are likely to become endangered in the near future. The ESA is administered by USFWS. USFWS is responsible for protection of ESA-listed,proposed, and candidate wildlife and plant species. The proposed _ project is a"Covered Project'under the SJMSCP,and USFWS is a signatory to the SJMSCP; therefore,federal ESA compliance will be through ESA Section 10 for federally listed wildlife species. ` Executive Order 13186 (Federal Migratory Bird Treaty Act) The MBTA (16 U.S. Government Code [USC] 703-711)prohibits the take of any migratory bird or any part,nest,or eggs of any such bird. Under the act, take is defined as the action of or attempt to"pursue,hunt, shoot, capture, collect,or kill." This act applies to all persons and agencies in the United States, including federal agencies. r Executive Order 13186 for conservation of migratory birds(January 11,200 1) requires that any project with federal involvement address impacts of federal actions on migratory birds. The order is designed to assist federal agencies in their efforts to comply with the MBTA and does not constitute any legal authorization to take migratory birds. The order also requires federal agencies to work with USFWS to develop a memorandum of understanding(MOU). Protocols developed under the MOU must promote the conservation of migratory bird populations through the following means. ■ Avoid and minimize, to the extent practicable,adverse impacts on migratory bird resources when conducting agency actions. r, ■ Restore and enhance habitat of migratory birds,as practicable. ■ Prevent or abate the pollution or detrimental alteration of the environment for the benefit of migratory birds, as practicable. State Regulations California Environmental Quality Act CEQA is the regulatory framework by which California public agencies identify r and mitigate significant environmental impacts. A project normally is considered to result in a significant environmental impact on biological resources if it substantially affects a rare or endangered species or the habitat of that species, substantially interferes with the movement of resident or migratory fish or wildlife, or substantially diminishes habitat for fish,wildlife, or plants. The State CEQA Guidelines define rare,threatened, or endangered species as those listed under CESA and ESA,as well as any other species that meets the criteria of the resource agencies or local agencies(e.g., DFG-designated"species of special concern"and CNPS-listed species). The State CEQA Guidelines state that the lead agency preparing an EIR must consult with and receive written findings from DFG concerning project impacts on species that are listed as endangered or threatened. The effects of a proposed project on these resources are important in ' DeSilva Gates Quarry Project Draft Environmental Impact Report 3.13-9 J85 05105.05 r