Chapter 4 Biological Resources This chapter discusses the potential for the Program to affect biological resources. It describes the state and federal regulations relevant to the biological resources affected by the Program, the existing environmental conditions at the hatchery and planting sites, the key wildlife species potentially affected by the Program, the impacts of the Program on biological resources, and mitigation measures where necessary to reduce potential impacts. Several appendices support this chapter. Appendix E provides detailed descriptions of wildlife species addressed specifically in this chapter. Appendix F provides a description of the development and function of the All H Analyzer (AHA) tool used in analyzing genetic effects of fish planting on several native fish populations. Appendix G contains maps of each county in California, showing all DFG trout stocking and salmon and steelhead stocking locations by name. Appendix H provides the population structure of each salmon evolutionarily significant unit (ESU) and steelhead distinctive population segment (DPS) in California. Appendix J lists water bodies within California that are currently stocked or not stocked as part of the DFG trout stocking program (California Department of Fish and Game 2009c). Appendix K contains detailed descriptions of mitigation strategies for stocking effects on sensitive, native, or legally protected fish and wildlife species; summaries of these strategies are contained in this chapter. Sources of Information The descriptions and analyses presented in this chapter were prepared using a broad range of information sources, including: unpublished data compilations, reports, and similar documents developed by DFG; results of interviews and questionnaires received from hatchery and stocking program management and operations professionals, both within and outside DFG; published reports and analyses of many different types; databases providing information about hatchery releases, the biology of species of concern, water quality, hydrology, and climate; scientific analyses published in peer‐reviewed journals and books; computer‐based models of fish and their interactions, detailed below under the appropriate impacts; and professional experience with similar analyses performed for hatchery programs elsewhere in the western United States and Canada. Final Hatchery and Stocking Program Environmental January 2010 Impact Report/Environmental Impact Statement 4‐1 ICF J&S 00264.08 California Department of Fish and Game U.S. Fish and Wildlife Service Biological Resources Specific data sources are cited in the pages below; many of these resources are available on the internet, as detailed in Chapter 10, “References Cited.” Existing Conditions This section addresses the following aspects of the existing biological environment within the context of the Program. “Regulatory Setting” describes state and federal regulations relevant to the assessment of existing conditions and environmental consequences of the Program. “Special‐Status Species” describes the regulatory classification of species of fish and wildlife addressed in this document, and briefly discusses other aquatic species known to occur in California waters. “Stocking Locations” describes the geographic settings within which stocking occurs and identifies the special‐status fish and wildlife species that may occur in aquatic environments where trout, steelhead, and salmon stocking occurs. “Hatcheries” discusses the geographic setting of each hatchery included in the Program. Regulatory Setting A number of state and federal regulations, laws, permits, and policies are relevant to DFG’s Program. These are described below. State California Fish and Game Code The California Constitution establishes the California Fish and Game Commission (CA Const. Artl. 4, section 20). The California Fish and Game Code delegates the power to the FGC to regulate the taking or possession of birds, mammals, fish, amphibian and reptiles. (CFGC section 200). The FGC has adopted regulations setting forth the manner and method of the take of certain fish and wildlife in the California Code of Regulations, Title 14. The California Fish and Game Code establishes the DFG (CFGC section 700) and states that the fish and wildlife resources of the state are held in trust for the people of the state by and through the DFG. (CFGC section 711.7(a)). All licenses, permits, tag reservations and other entitlements for the take of fish and game authorized by the California Fish and Game Commission are prepared and issued by the DFG. (CFGC section 1050 (a)). Provisions of the California Fish and Game Code provide special protection to certain enumerated species such as: Section 3503 protects eggs and nests of all birds. Section 3503.5 protects birds of prey and their nests. Sections 3513 protects all birds covered under the federal Migratory Bird Treaty Act. Section 3511 lists fully protected birds. Final Hatchery and Stocking Program Environmental January 2010 Impact Report/Environmental Impact Statement 4‐2 ICF J&S 00264.08 California Department of Fish and Game U.S. Fish and Wildlife Service Biological Resources Section 5515 lists fully protected fish species. Section 3800 defines nongame birds. Section 4700 lists fully protected mammals. Section 5050 lists fully protected amphibians and reptiles. California Environmental Quality Act The California Environmental Quality Act (CEQA) was incorporated into Public Resources Code (PRC) Sections 21000–21177 in 1970. CEQA applies to development projects that are funded by, or that require permit approval from, a public agency in the state of California. Its purpose is to help inform government decision makers of potential environmental impacts caused by development projects and to aid in the selection of potentially less environmentally destructive alternatives. Section 15380 formally defines the terms species, endangered, rare, and threatened as they pertain to CEQA. Section 15065 describes situations when a mandatory finding of significance will lead to an environmental impact report. California Endangered Species Act The California Endangered Species Act (CESA) (CFGC Sections 2050–2116) generally parallels the main provisions of the federal Endangered Species Act (ESA) (16 U.S. Code [USC] 1531–1544) and is administered by DFG. The CESA prohibits the “taking” of listed species except as otherwise provided in state law. Unlike the ESA, the CESA applies the take prohibitions to species under petition for listing (state candidates) in addition to listed species. Section 86 of the CFGC defines take as “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” Section 2081 of the CFGC expressly allows DFG to authorize the incidental take of endangered, threatened, and candidate species if all of the following conditions are met. The take is incidental to an otherwise lawful activity. The impacts of the authorized take are minimized and fully mitigated. Issuance of the permit will not jeopardize the continued existence of the species. The permit is consistent with any regulations adopted in accordance with Sections 2112 and 2114 (legislature‐funded recovery strategy pilot programs in the affected area). The applicant ensures that adequate funding is provided for implementing mitigation measures and monitoring compliance with these measures and their effectiveness. The CESA provides that if a person obtains an incidental take permit under specified provisions of the ESA for species also listed under the CESA, no further authorization is necessary under CESA if the federal permit satisfies all the requirements of CESA and the person follows specified steps (CFGC section 2080.1). Final Hatchery and Stocking Program Environmental January 2010 Impact Report/Environmental Impact Statement 4‐3 ICF J&S 00264.08 California Department of Fish and Game U.S. Fish and Wildlife Service Biological Resources Natural Community Conservation Planning Act (Fish and Game Code § 2800‐2835). The Natural Community Conservation Planning (NCCP) Act establishes a state‐wide program for the development of broad‐based regional conservation plans. The goals of the Act are to "provide for effective protection and conservation of the State's wildlife heritage while continuing to allow appropriate development and growth "(§ 2801). The NCCP Program is administered by the CDFG, and is a voluntary collaborative planning effort between CDFG, and other state, federal, and local governments, property owners, developers and environmental groups. NCCP plans seek to conserve ecosystems and their associated species. Some of the conserved species are currently listed as threatened or endangered, but others are considered sensitive species that are not yet listed, but may be so in the future. Federal Endangered Species Act of 1973 The ESA provides for the conservation of species that are endangered or threatened throughout all or a significant portion of their range, as well as the conservation of the ecosystems on which they depend. The ESA recognizes that conservation of threatened and endangered species can be facilitated through artificial propagation. Potential benefits of artificial propagation for listed species include supplementing natural populations to speed recovery, reestablishing natural populations in suitable but currently vacant habitat, or both. Salmonid hatchery programs can be consistent with the ESA if they do not impede progress toward