Appendix A Natural Environment Study (Minimal Impacts)

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Natural Environment Study (Minimal Impacts) Game Code Sections 2050-2089). "Take" means hunt, pursue, catch, capture, or kill or attempt to hunt, pursue, catch, capture, or kill. Sections 2081 and 2080.1 of the CESA allow CDFW to authorize exceptions to the prohibition of take of State -listed as threatened or endangered plant and animal species for purposes such as public and private development. 2.1.7. Migratory Bird Treaty Act and Executive Order 13186 Native bird species and their parts (including eggs, nests, and feathers) are protected under the Migratory Bird Treaty Act (MBTA) (16 United States Code [USC] 703- 712). The MBTA prohibits the take, possession, import, export, transport, selling, purchase, barter, or offering for sale any migratory bird, its eggs, parts, and nests, except as authorized under a valid permit. I Executive Order (EO) 13186 (Responsibilities of Federal Agencies to Protect Migratory Birds) directs federal agencies "... taking actions that have, or are likely to have, a measurable negative effect on migratory bird populations to develop and implement an MOU with the Fish and Wildlife Service that promotes the conservation of migratory bird populations." On February 2, 2001, the Federal Highway Administration (FHWA) issued guidance on EO 13186 recommending various measures to assist with protecting migratory birds. 2.1.8. Invasive Species On February 3, 1999, President Clinton signed EO 13112, requiring federal agencies to combat the introduction or spread of invasive species in the United States. The order defines invasive species as "...any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, that is not native to that ecosystem whose introduction does or is likely to cause economic or environmental harm or harm to human health." FHWA guidance issued August 10, 1999, directs the use of the State's noxious weed list to define the invasive plants that must be considered as part of the California Environmental Quality Act (CEQA) analysis for a proposed project. ' According to the Department of the Interior Solicitor's Opinion M-37050 dated December 22, 2017, the MBTA applies only to affirmative actions that have as their purpose the taking or killing of migratory birds, their nests, or their eggs. ................................................................................................................................................ . 10 Fairview Street Improvements from 9th Street to 16th Street and Bridge Replacement Project