25C - AGMT - OCWD CENTENNIAL PARK

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Section 5 existence of endangered or threatened species or result in the destruction or modification of the critical habitat of these species. A Biological Opinion (60) would be prepared by USFWS and NMFS to determine if the activity would jeopardize the continued existence of the listed species. If the BO determines that the activity Would not threaten the existence of the listed species and a no jeopardy opinion is provided, then the project may proceed. If the BO finds that the project would result in jeopardy to the listed species (jeopardy opinion!), then reasonable and prudent measures would need to be incorporated into the project to reduce potential effects to a level that would not be likely to jeopardize the continued existence of the species. Under Section 10 of FESA private parties with no federal nexus may obtain an Incidental Take Permit to harm listed wildlife species incidental to the lawful operation of a; project, To obtain an Incidental Take Permit, the applicant must develop a habitat managernent plan that specifies impacts to listed species, provides conservation measures and alternatives to minimize impacts, If USFWS finds that the habitat conservation measures would not appreciably reduce the likelihood of the survival and recovery of the species, USFWS would issue an incidental take permit. Migratory Bird Treaty Act The Migratory Bird Treaty Act implements international treaties between the United States and other nations that protect migratory birds, including their nests and eggs, from killing, hunting, pursuing, capturing, selling and shipping unless expressly authorized or permitted. State Regulations California Environmental Quality Act The California Environmental Quality Act (CEQA) was enacted in 1970 to provide for full disclosure of environmental impacts before issuance of a permit by a state or local public agency. In addition to state and federally listed species, sensitive plants and animals receive consideration under CEQA. Sensitive species include wildlife Species of Special Concern listed by California Department of Fish and Wildlife (CDFW) and plant species on the California Native Plant Society list 1A, 1B or 2. California Endangered Species Act The California Endangered Species Act (CESA) provides protection and prohibits the take of plant, fish and wildlife species listed by the State of California. Unlike FESA, state-listed plants have the same degree of protection as wildlife, A Take is defined similarly to FESA and it is prohibited for both listed and candidate Mid Basin Centennial Park �9624i Project Final EIR 5-52