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Biological Resources, MOND &ASSOCIATES Impacts and Mitigations Tracy Facility Expansion Site Federal Species of Concern. These are species in which the data are insufficient at this time to supporta Federal listing proposal. Additional field research and data collection are necessary in order to classify these species as either Candidates or remove them from consideration. Federal Species of Concern are not protected under the Federal Endangered Species Act. State Endangered Species. A species listed as Endangered under the State Endangered Species F Act is protected from unauthorized"take"(i.e., harass,harm,pursue,hunt, shoot, trap) of that E species. If it is necessary to "take"a State listed Endangered species as part of an otherwise lawful activity, it would be necessary to receive permission from CDFG prior to initiating the "take." (For a further discussion on State Endangered Species and the State Endangered Species Act,please see Section 10.2,below). State Threatened Species. A species listed as Threatened under the State 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 State listed Threatened species as part of an otherwise lawful activity, it would be necessary to receive permission from CDFG prior to initiating the "take." (For a further discussion on State Threatened species and the State Endangered Species Act,please see Section 10.2,below). California Species of Special Concern. These are species in which their California breeding populations are seriously declining and extirpation from all or a portion of their range is possible. This designation affords no legally mandated protection;however,pursuant to the CEQA Guidelines (14 CCR §15380), some species of special concern would be considered"rare." Pursuant to its rarity status, any unmitigated impacts to rare species would be considered a "significant effect on the environment." Thus, species of special concern must be considered in any project that will, or is currently, undergoing CEQA review, and/or that must obtain an environmental permit(s)from a public agency. I# ; Protected Amphibians. Under Title 14, Section 41 of the California Code of Regulations (14 CCR 41) (1996), certain amphibians are listed as"Protected Amphibians." Protected amphibians such as California tiger salamander and western spadefoot toad may only be"taken"or "possessed" (i.e., kept in captivity)under special permit from CDFG issued pursuant to sections 650 and 670.7 of these regulations,or Section 2081 of the Fish and Game Code. Fully Protected amphibians and reptiles are also protected under§5050 of California Fish and Game Code. Fully Protected Birds. Fully protected buds, such as the white-tailed kite and golden eagle, are- protected under California Fish and Game Code(§3511). Fully protected birds may not be"taken." or possessed(i.e., kept in captivity) at any time. Fully Protected Mammals. Fully protected mammals, such as the salt marsh harvest mouse, are protected under California Fish and Game Code(§4700). Fully protected mammals may not be "taken"or possessed(i.e., kept in captivity) at any time. CLAPS List 1A. California Native Plant Society classification. Plants that are presumed extinct because they have not been seen or collected in the wild in California for many years. 9.