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San Joaquin County Community Environmental Setting,Impacts,and Mitigation Measures Development Department Biological Resources determining whether the project has significant environmental impacts under CEQA. California Endangered Species Act California implemented the CESA in 1984. The act prohibits the take of endangered and threatened species;however,habitat destruction is not included in the state's definition of take. Under CESA,take is defined as an activity that would directly or indirectly kill an individual of a species,but the definition does not include harm or harass. Section 2090 of CESA requires state agencies to comply with endangered species protection and recovery and promote — conservation of these species. DFG administers the act and authorizes take through Section 2081 agreements(except for species designated as fully protected). Regarding rare plant species, CESA defers to the California Native — Plant Protection Act of 1977,which prohibits importing rare and endangered plants into California,taking rare and endangered plants, and selling rare and endangered plants. State-listed plants are protected mainly in cases where state — agencies are involved in projects under CEQA. In these cases,plants listed as rare under the California Native Plant Protection Act are not protected under CESA but can be protected under CEQA. Swainson's hawk is the only state-listed species that has the potential to occur in the project area. DFG is a signatory to the SJMSCP; therefore,compliance with _ the SJMSCP ensures compliance with CESA. California Fish and Game Code Fully Protected Species. The California Fish and Game Code provides — protection from take for a variety of species,referred to as fully protected species. Section 5050 lists protected amphibians and reptiles. Section 3515 prohibits take of fully protected fish species. Eggs and nests of all birds are — protected under Section 3503,nesting birds(including raptors and passerines) under Sections 3503.5 and 3513,birds of prey under Section 3503.5, and fully protected birds under Section 3511. Migratory nongame birds are protected — under Section 3800. Mammals are protected under Section 4700. The California Fish and Game Code defines take as"hunt,pursue,catch, capture, or kill or attempt to hunt,pursue,catch, capture, or kill." _ Except for take related to scientific research, all take of fully protected species is prohibited. White-tailed kite is the only fully protected species that has the — potential to occur in the project area. DFG is a signatory to the SJMSCP; therefore,compliance with the SJMSCP ensures compliance with the California Fish and Game Code. Sections 3503 and 3503.5. Section 3503 of the California Fish and Game Code prohibits the killing of birds or the destruction of bird nests. Section 3503.5 prohibits the killing of raptor species and the destruction of raptor nests. — DeSilva Gates Quarry Project Draft Environmental Impact Report 3.13-10 AS 05105.05