SU0002446 - Laserfiche WebLink

Home Browse Search

o` D United States Department of the Interior A FISH AND WILDLIFE SERVICE Fish and Wildlife Enhancement Sacramento Endangered Species Office 2800 Cottage Way, Room E-1823 In Reply Refer To: Ufo Sacramento, Catvla 95825-1846 1-1-89-TA-23 October 4, 1989 Ms. Wylla Satterness San Joaquin County Planning Division 1810 East Hazalton Avenue Stockton, California 95205 Dear ifs. Satterness: This responds to the appeal by the City of Riverbank regarding the requirement by the San Joaquin County Planning Division's requirement for an environmental impact report for the 18-hole golf course and associated facilities along the Stanislaus River (Use Permit Application No. UP-89-30) . The U.S. Fish and Wildlife Service (Service) recommends that an environmental impact report be completed for this proposed project. The Service is especially concerned about the effects of the proposed project on the threatened valley elderberry longhorn beetle (Desmocgrus Silifppnicus dimorptius) . This animal is fully protected under the Endangered Species Act of 1973, as amended. Section 9 of the Endangered Species Act of 1973, as amended (Act) , prohibits the "take" of a federally listed endangered species by any person. As defined in the Act, take means ". .to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct." "Harm" is further defined as an act that actually kills or injures an endangered species. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or shelter (50 CFR § 17.3) . The term person is defined to mean "an individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; any State, municipality, or political subdivision of a State, or any entity subject to the jurisdiction of the United States. " Section 10 of the Act prohibits the "incidental take" (defined as taking that is incidental to, but not the primary purpose of, an otherwise lawful activity) of a listed species without a permit. The Appeal for Use Permit Application UP-89-30 dated September 5, 1989, from the City of Riverbank stated on page 2 that large numbers of elderberry shrubs are present on the site. This location is within the range of the valley elderberry longhorn beetle, and exit holes made by the adult animals have been observed by an entomologist. The Service recommends that surveys and detailed mapping for this species and its host plant be conducted by a qualified entomologist. In addition, we recommend that the applicant or their consultant conduct surveys for the presence of other federally listed and candidate