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SPECIAL STATUS SPECIES REGULATORY FRAMEWORK Special status species have varying degrees of legal protection under both Federal and California Endangered Species Acts(FESA and CESA), and the California Environmental Quality Act (CEQA). The United States Fish and Wildlife Service(USFWS) and recognition under the California Department of Fish and Game(CDFG) share responsibility for management and protection of biological resources in the proposed project area. Under separate State and Federal legislation,each agency conducts a detailed review of any project that could affect a special status plant or animal species. If a listed species may be affected,the lead agency must initiate a formal consultation with the USFWS and/or CDFG,as applicable under Federal or State law. Refer to Table D-1 for State and Federal listing categories. Section 7 of the Federal Endangered Species Act requires formal consultation only for those g Pe q Y species currently listed as threatened or endangered. The USFWS recommends candidate species also be considered because they may become listed during the design or construction phases of a project. Section 9 of the Act prohibits the "taking" of listed species. If incidental taking might occur from a project,that is,if individuals of a listed species would be inadvertently harmed, harassed,or collected,or would suffer significant habitat modification,consultation with the USFWS is required. Additionally,a formal consultation process must be initiated with the CDFG for projects the lead agency has determined may or will have an adverse effect on State listed species. As with the USFWS policy, candidate species are not subject to the same consultation requirements as listed endangered,or threatened species. CESA does encourage informal consultation for candidate species which may become officially listed prior to completion of the CEQA process. In addition to providing formal and informal consultation,the CDFG has established the California Natural Diversity Data Base(CNDDB),a program that inventories the State's special status species and natural communities,and also provides information on their current listing status. The CNPS publishes and regularly updates the Inventory of Rare and Endangered Vascular Plants of California. The CNPS gathers information from the CDFG and from amateur and professional botanists throughout the State,and contributes this information to the CNDDB. The Inventory has