RES 06035 - Laserfiche WebLink

APPENDIX D BIOLOGICAL RESOURCES BACKGROUND INFORMATION Federal Endangered Species Act The Federal Endangered Species Act (FESA) protects listed wildlife species from harm or "take" which is broadly defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct. Take can also include habitat modification or degradation that directly results in death or injury to a listed wildlife species. An activity can be defined as take even if it is unintentional or accidental. Listed plant species are provided less protection than listed wildlife species. Listed plant species are legally protected from take under FESA if they occur on federal lands or if the project requires a federal action, such as a Section 404 fill permit (see below, California Water Quality and Waterbody Regulatory Programs). Critical habitat is a term within the Federal Endangered Species Act. It is defined as an area occupied by a species listed as threatened or endangered within which are found physical or geographical features essential to the conservation of the species, or an area not currently occupied by the species which is itself essential to the conservation of the species. As defined in the FESA, "conservation" means any and all methods and procedures, and the use of those, needed to bring a species to recovery: the point at which the protections of the FESA are no longer needed. u.S. Fish and Wildlife Service (USFWS) The U.S. Fish and Wildlife Service (USFWS) has jurisdiction over federal-listed threatened and endangered species under the FESA. The USFWS also maintains lists of proposed and candidate species. Species on these lists are not legally protected under the FESA, but may become listed in the near future and are often included in their review of a project. Two sections of FESA contain provisions that allow or permit "incidental take." Section 10(a) provides a method by which a state or private action which may result in "take" may be permitted. The applicant must provide the USFWS with an acceptable conservation plan and publish notification for a permit in the Federal Register. Section 7 pertains to a federal agency that proposes to conduct an action that may result in "take," requiring consultation with USFWS and possible issuance of a jeopardy decision. California Endangered Species Act The California Endangered Special Act of 1984 (CESA) parallels the policies of FESA and pertains to native California taxa. The California Endangered Species Act (CESA) prohibits the take of any plant or animal listed or proposed for listing as rare (plants only), threatened, or endangered. In accordance with the CESA, the California Department of Fish and Game (CDFG) has jurisdiction over state-listed species (California Fish and Game Code 2070). Dl