ARCHIVED REPORTS LEC APPLICATION FOR CERTIFICATION

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5.2 BIOLOGICAL RESOURCES project site, a qualified biologist in coordination with the CDFG will determine whether construction activities could potentially disturb nesting raptors and implement appropriate measures as needed. Preconstruction surveys will also be conducted for ground-nesting species such as the western burrowing owl and other sensitive species such as western pond turtles and giant garter snake. In the event that a sensitive or listed species is found on site during the surveys,the wildlife agencies will be contacted and the appropriate measures will be taken to avoid or relocate the species as needed. 5.2.5 Laws, Ordinances, Regulations, and Standards The following sections describe the primary LORS that apply to potential impacts on biological resources in the project area,and list the agencies responsible for enforcing the regulations. A summary of the LORS is provided in Table 5.2-5, at the end of this section. 5.2.5.1 Federal LORS Federal Endangered Species Act (16 United States Code [USC] 153 et seq.).Applicants for projects that could result in adverse impacts on any federally listed species are required to consult with and mitigate potential impacts in consultation with USFWS. Adverse impacts are defined as"take," which is prohibited except through authorization of a Section 7 or Section 10 consultation and Incidental Take Authorization. "Take" under federal definition includes"such act as may include significant habitat modification or degradation" (50 CFR 17.3). Species that are not listed are not protected by federal Endangered Species Act, even if they are candidates for listing;however,USFWS advises that a candidate species (as well as species of concern) could be elevated to listed status at any time,and therefore, applicants should regard these species with special consideration. Migratory Bird Treaty Act(16 USC 703 to 711) protects all migratory birds,including nests and eggs. Bald and Golden Eagle Protection Act(16 USC 668) specifically protects bald and golden eagles from harm or trade in parts of these species. 5.2.5.2 State LORS California Endangered Species Act(Fish and Game Code Section 2050 et seq.).Species listed under this act cannot be"taken" or harmed,except under specific permit. At present, "take" means to do or attempt to do the following: hunt,pursue,catch,capture,or kill. Fish and Game Code Section 3511 describes bird species,primarily raptors,that are"fully protected." Fully protected birds may not be taken or possessed, except under specific permit requirements. Fish and Game Code Section 3503 states that it is unlawful to take,possess,or needlessly destroy the nest or eggs of any bird, except as otherwise provided by this code or any regulation made pursuant thereto. Fish and Game Code Section 3503.5 protects all birds of prey and their eggs and nests. Fish and Game Code Section 3513 makes it unlawful to take,possess, or destroy any birds of prey or to take,possess, or destroy the nest or eggs of any such bird. 5.2-28 SAC/371322/082330001(LEC_5.2_BIOLOGICAL_RESOURCES.DOC)