5.3 Biological Resources – Terrestrial
5. Environmental Analysis 5.3 Biological Resources – Terrestrial This section describes the applicable laws and policies relating to terrestrial biological resources, discusses the existing (baseline) terrestrial biological resources, including those located onshore and directly adjacent to the shore (i.e., immediate near-shore), and evaluates potential environmental impacts associated with implementation of the proposed Project. Refer to Section 5.11, Marine Biological Resources, for a discussion of marine biological resources. 5.3.1 Regulatory Framework Federal Federal Endangered Species Act The federal Endangered Species Act (FESA) of 1973 protects plants, fish, and animals at risk of extinction, and classifies them as endangered or threatened (federally listed species). Other species are addressed in this law as candidates for listing, and although these are not afforded legal protection under the FESA, they typically receive special attention from federal and state agencies during the environmental review process. FESA Section 9 regulates the “take” (i.e., harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any of these activities) of federally listed species. The U.S Fish and Wildlife Service (USFWS) may authorize “take” when it is incidental to, but not the purpose of, an otherwise lawful act. Under FESA Section 7, if a project has a federal nexus (i.e., occurs on federal land, is issued federal permits, or receives any other federal oversight or funding), the federal agency responsible for the project or for issuing a permit for the project must enter into an informal/formal consultation with USFWS to obtain, if possible, a Biological Opinion (BO) allowing for incidental “take” of the species in question.
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