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4 Environmental Analysis 4.4 Biological Resources The CESA makes it illegal to import, export, take, possess, purchase, sell, or attempt to do any of those actions to species that are designated as threatened, endangered, or candidates for listing, unless permitted by the CDFW. Section 2080 of the California Fish and Game Code prohibits take of any species that the California Fish and Game Commission determines to be an endangered species or a threatened species. "Take" is defined in Section 86 of the California Fish and Game Code as "hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill." Under Section 2081 of the CESA, the CDFW may permit take or possession of threatened, endangered, or candidate species for scientific, educational, or management purposes, and may also permit take of these species that is incidental to otherwise lawful activities if certain conditions are met. Some of the conditions for issuance of permits allowing incidental take are that the adverse effects of the take must be minimized and fully mitigated, adequate funding must be ensured for implementation of identified mitigation, and that the activity shall not jeopardize the continued existence of the listed species. The CESA emphasizes early consultation to avoid potential impacts on candidate and listed endangered and threatened species, and to develop appropriate mitigation to offset project caused losses of listed species populations and their essential habitats. 4.4.2.4 California Fish and Game Code Sections 3511, 4700, 5050, and 5515 — Fully Protected Species The classification of fully protected was California's initial effort in the 1960s to identify and provide additional protection to those animals that were rare or faced possible extinction. Lists were created for birds (Section 3511), mammals (Section 4700), amphibians and reptiles (Section 5050), and fish (Section 5515). Fully protected animal species may not be taken or possessed at any time and no licenses or permits may be issued for their take, except for collecting these species for scientific research and relocation of the species for certain purposes. Sections 3503, 3503.5, and 3513 California 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. Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered take. Avoidance measures sufficient to prevent incidental take of bird nests and eggs protected by this statute must be incorporated into the Project. All raptors and their nests are protected under Section 3503.5. Avoidance measures sufficient to prevent incidental take of these species, their eggs, and their nests protected by this statute must be incorporated into the Project. California Fish and Game Code Section 3513 protects California's migratory birds by making it unlawful to take or possess any migratory non-game bird as designated by the MBTA, except as authorized in regulations adopted by the federal government under provisions of the MBTA. Except as permitted by the USFWS under a Habitat Conservation Plan (HCP), avoidance measures sufficient to prevent incidental take of these species, their eggs, and their nests protected by this statute must be incorporated into the Project. Griffith Energy Storage Project 4.4-22 Tetra Tech/SCH 2022120675 Draft Environmental Impact Report August 2023