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4.4 BIOLOGICAL RESOURCES <br />4.4-1 <br /> <br /> <br />This section describes the biological resources present or potentially present <br />on the project site, and discusses potential impacts to these resources that <br />could result from buildout of the project, as well as associated mitigation <br />measures to offset any impacts. <br /> <br /> <br />A. Regulatory Framework <br />1. Special-Status Species <br />Special status plants and wildlife are those species that are 1) listed as rare, <br />threatened, or endangered by U.S. Fish and Wildlife Service (USFWS) or the <br />California Department of Fish and Game (CDFG) under State or federal En- <br />dangered Species Acts, 2) on formal lists as candidates for listing as threatened <br />or endangered, 3) on formal lists as species of concern, or 4) otherwise recog- <br />nized at the federal, State, or local level as sensitive. <br /> <br />a. Federal Endangered Species Act <br />Under the Federal Endangered Species Act (FESA), it is unlawful to “take” <br />any species listed as threatened or endangered. “Take” is defined as to “harass, <br />harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt <br />to engage in any such conduct.” An activity is defined as “take” even if it is <br />unintentional or accidental. Take provisions under FESA apply only to listed <br />fish and wildlife species under the jurisdiction of the USFWS and/or the Na- <br />tional Oceanic & Atmospheric Administration, National Marine Fisheries <br />Service (NMFS). Consultation with USFWS or NMFS is required if a project <br />“may affect” or result in “take” of a listed species. <br /> <br />When a species is listed, the USFWS and/or NMFS, in most cases, must offi- <br />cially designate specific areas as critical habitat for the species. Consultation <br />with USFWS and/or NMFS is required for projects that include a federal ac- <br />tion or federal funding if the project will modify designated critical habitat. <br /> <br />b. California Endangered Species Act <br />Under the California Endangered Species Act (CESA), it is unlawful to “take” <br />any species listed as rare, threatened, or endangered. “Take” means to “hunt,