AgdaPkt 2010-02-01 clsd and regular

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7A - ATTACHMENT NO.2 Page 18 If such occurrences are confirmed, then USACE would have to engage in section 7 consultations with USFWS to address impacts to the snowy plover. As part of the section 7 consultation process, USFWS will issue a biological opinion concerning the plover, along with any other listed species that may be adversely affected by the project. The opinion will address whether the project will jeopardize the continued existence of the plover or other listed species. The opinion will also identify measures that need to be carried out in order to avoid such jeopardy to the listed species. If USACE issues a 404 permit to DMB, then the permit is likely to incorporate the measures identified by USFWS through the section 7 process. Other species that are present in the region include the California Clapper Rail and the salt marsh harvest mouse, both of which are listed as "endangered" under ESA. The Clapper Rail is known to be present on Greco Island, which is separated from the Saltworks site by Westpoint and First Sloughs. If the City moves forward with the CEQA process, then as part of that process the City will retain biologists who will consult with resource agencies (including USFWS) to determine whether these or other species may be present. In addition, DMB and Cargill will likely provide information obtained by their own biological consultants regarding existing biological conditions on the site. We understand USFWS is preparing a draft recovery plan for tidal marsh species in the San Francisco Bay Area. The draft plan is expected to be released in the near future. A recovery plan is not a regulatory document. Rather, a recovery plan is designed to identify and prioritize management, acquisition and restoration activities that the agency believes are necessary for the recovery of listed species. When released, the draft plan is likely to provide insights into USFWS' planning goals for tidal marshes in the Bay Area generally. The plan may also include a discussion of USFWS' goals for the Saltworks site in providing for the recovery of listed species that rely on salt marsh habitat. MBT A. The Migratory Bird Treaty Act ("MBT A") implements various treaties and conventions between the United States and Canada, Japan, Mexico and the former Soviet Union for the protection of migratory birds. Under the MBT A, taking, killing or possessing migratory birds without a permit is unlawful. The migratory bird species protected by the MBTA are listed in 50 C.F.R. 10.13. A permit may be obtained to remove covered birds so that they are not harmed by on-site activity. In its letter to the City, PRBO stated that, in its surveys of the site during the 1990s, PRBO "documented between 9,600 and 24,800 migratory shore birds using the ponds for resting, feeding, and wintering habitat. These were among the highest counts 18