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1 Biological Resources, MONK &ASSOCIATES Impacts and Mitigations Tracy Facility Expansion Site the resulting interim, and ng protect would not result in the extinction of the species. In addition, if there would be threatened or endangered species impacts, the lead agency requires project applicants to demonstrate that they have acquired "incidental tame" permits from CDFG and/or USFWS (if it is a Federal listed species)prior to allowing/permitting impacts to such species. If proposed projects would result in impacts to a State listed species, an"incidental take" permit pursuant to §2081 of the Fish and Game Code would be necessary(versus a Federal incidental take permit for Federal listed species). The incidental take permit process would be between the applicant and CDFG. CDFG will issue an incidental take permit only if: 1) The authorized take is incidental to an otherwise lawful activity; 2) the impacts of the authorized take are minimized and fully mitigated; 3) the measures required to minimize and fully mitigate the impacts of the authorized take: a) are roughly proportional in extent to the impact of the taking on the species; b)maintain Granite's objectives to the greatest extent possible; and, c)capable of successful implementation; and, 4) adequate funding is provided to implement the required minimization and mitigation measures and to monitor compliance with,and the effectiveness of,the measures. If an applicant is preparing a habitat conservation plan(HCP) as part of the Federal 10(a)permit process, the HCP might be incorporated into the §2081 permit if it meets the substantive criteria of§2081(b). To ensure that an HCP meets the mitigation and monitoring standards in Section 2081(b), an applicant should involve CDFG staff in development of the HCP. If a final Biological Opinion (Federal action)has been issued for the project pursuant to Section 7 of the Federal Endangered Species Act,it might also be incorporated into the §2081 permit if it meets II the.standards of§2081(b). 1 No §2081 permit may authorize the take of a species for which the Legislature has imposed strict prohibitions on all forms of"take." These species are listed in several statutes that identify "fully protected" species and"specified birds." See Fish and Game Code §§ 3505, 3511, 4700, 5050, 5515, and 5517. If a project is planned in an area where a"fully protected" species or a "specified bird"occurs, an applicant must design the project to avoid all take. In September 1997,Assembly Bill 21 (Fish and Game Code §2080.1)was passed. This bill allows an applicant who has obtained a Federal Biological Opinion or Federal 10(a)permit (Federal incidental take permit)to submit the Federal opinion or permit to CDFG for a determination as to whether the Federal document is"consistent"with CESA. if after 30 days CDFG determines it is consistent with State law,no further permit or consultation is required under CESA for the project. If CDFG determines that the Federal opinion or permit is not consistent with CESA, the applicant must apply for a State permit under section 2681(b). The process provided in Fish and Game Code §2080.1 maybe of use when the incidental take is of species that are listed under both the Federal and State endangered species acts,but will not provide necessary authorizations if an affected species is State-listed but not Federally listed. Section 2080.1 will automatically be repealed if and when Congress amends § 7 or § 10 of the 12