Laserfiche WebLink
*:/ : 11-1 h WA <br />MBTA governs the take, killing, possession, transportation, and importation of migratory birds, their eggs, <br />parts, and nests. It prohibits the take, possession, impoft, export, transport, sale, purchase, barter, of offering <br />of these items, except under a valid permit of as permitted in the implementing regulations. USFWS administers <br />permits to take migratory birds m accordance with the MBTA. In December 2017, the Department of the <br />Interior issued a memorandum concluding that "consistent with the text, history, and purpose of the META, <br />[the statute's prohibitions on take apply] only to affirmative actions that have as their purpose the taking or <br />killing of migratory buds, their nests, of their eggs" (emphasis added) (DOI 2017). Therefore, take of a <br />migratofy bud of its active nest (i.e., with eggs of young) that is incidental to, and not the purpose of, a lawful <br />activity does not violate the META. To pfovide guidance in implementing and enforcing this new direction, the <br />USFWS issued a memorandum in April 2018 to clarify what does and does not constitute pfohibited take (FWS <br />2018). <br />e) Conflict with any local policies or ordinances protecting biological resources, such as a tree <br />preservation policy or ordinance? <br />Less Than Significant Impact. The City of Santa Ana adopted Tree Care Ordinance in 1999. City of Santa <br />Ana Municipal Code Article VII, Regulations of the Planting, Maintenance, and Removal of Trees, establish <br />policies, regulations and standards for public trees. Public trees refer to any and all trees owned by the city and <br />includes, but is not limited to, median trees and street trees. The proposed project would maintain some of the <br />existing trees on the Raitt Street Site while removing others. Replacement trees, including but not limited to <br />fruit trees would be planted. Tree maintenance would be performed in accordance with the Tfee Care <br />Ordinance and implementation of the proposed project would not conflict with any local policies of <br />ordinances. Impacts would not be significant. <br />f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community <br />Conservation Plan, or other approved local, regional, or state habitat conservation plan? <br />No Impact. The project site is not located within an area known to have sensitive biological resources. The <br />project site is located in an urban portion of the city and is not part of an adopted habitat conservation plan, <br />natural community conservation plan, of other approved local, regional, of state habitat conservation plan. <br />Implementation of the proposed project would not conflict with any provision of any adopted habitat <br />conservation plans. No impact would occur. <br />75C-85 <br />