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Biological Resources, MOND&ASSOCIATES Impacts and Mitigations Tracy Facility Expansion Site • plants and animals that meet the definition of rare or endangered under the California Environmental Quality Act(CEQA) (14 CCR §153520)which may include species not found on either State or Federal Endangered Species lists; -` Electronic Inventory 1997 . CDFG • plants occurring on Lists 1A, 1B,2, 3, ar.3 4 of CLAPS Alec on ry{ } recognizes that Lists lA, 1B, and 2 of the CLAPS inventory contain plants that, in the majority of cases,would qualify for State listing, and CDFG requests their inclusion in EIRs. Plants occurring on CNPS Lists 3 and 4 are "plants about which more information is necessary," and "plants of limited distribution,"respectively(Skinner and Pavlik 1994). Such plants may be included as special-status species on a case by case basis due to local significance and/or recent biological information; • migratory nongame birds of management concern listed by U.S. Fish and Wildlife Service (Migratory Nongame Birds of Management Concern in the United States: The list 1995; Office of Migratory Bird Management; Washington D.C.; Sept. 1995); • animals that are designated as"Species of Special Concern"by CDFG(1998); • animals that are designated as "Species of Concern"by USFWS (1999); • animal.species that are"fully protected"in California(Fish and Game Codes 3511, 4700, 5050, and 5515). In the paragraphs below,we provide further definitions of legal status as they pertain to the special-status species discussed in this report. Federal Endangered Species. -A species listed as Endangered under the Federal Endangered , } Species Act is protected from unauthorized"take"(i.e., harass,harm,pursue,hunt, shoot,trap) of that species. if it is necessary to"take"a Federal listed Endangered species as part of an otherwise lawful activity, it would be necessary to receive permission from the USFWS prior to initiating the"take." (For a further discussion on Federal Endangered Species and the Federal Endangered Species Act,please see Section 10.1,below). Federal Threatened Species. A species listed as Threatened under the Federal Endangered Species Act is protected from unauthorized"take"(i.e., harass,harm,pursue,hunt, shoot, trap) of that species. If it is necessary to"take" a Federal listed Threatened species as part of an otherwise lawful activity, it would be necessary to receive permission from the USFWS prior to initiating the"take." (For a further discussion on Federal Threatened species and the Federal Endangered Species Act,please see Section 10.1,below). Federal Candidate Species. Federal Candidate species are those species in which enough data has been collected to support a proposal to list the species as either Threatened or Endangered under the Federal Endangered Species Act. Federal Candidate species are not protected under the Federal Endangered Species Act. I 8