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<br />7A - ATTACHMENT NO.2 <br />Page 20 <br /> <br />that "if the owner of any salt ponds withdraws any of the ponds from their present uses, <br />the public should make every effort to buy these lands and restore, enhance or convert <br />these areas to subtidal or wetland habitat. This type of purchase should have a high <br />priority for any public funds available. . . ." (Bay Plan, p. 65.) More recently, USEPA <br />stated: "[P]resently there are a number of third parties interested in exploring potential <br />acquisition and restoration of the site, which was not the case in 2002." (Letter from <br />Alexis Strauss, Director, Water Division, USEPA Region 9, to Lt. Co!. Laurence M. <br />Farrell, District Engineer, San Francisco District, USACE (January 5, 2010), p. 2.) <br /> <br />Summary. The Saltworks project will likely be subject to USFWS permitting <br />authority under the ESA and the MBTA. There is some uncertainty over the extent to <br />which the site provides habitat for listed species or migratory birds. If the environmental <br />review process moves forward, the analysis will have to consider the value of habitat <br />present at the site, and the extent to which DMB's proposed restoration will compensate <br />for impacts to such habitat. If the City decides to proceed with the environmental review <br />process, we recommend: (1) monitoring the progress of USFWS' salt marsh recovery <br />plan, and (2) consulting with USFWS to obtain information regarding USFWS' views <br />concerning biological resources at the site. <br /> <br />D. National Oceanic and Atmospheric Association - Fisheries Service <br />(NOAA Fisheries) <br /> <br />1. Contact Information. <br /> <br />NOAA Fisheries Service <br />777 Sonoma Avenue -- Room 325 <br />Santa Rosa, California 95404 <br /> <br />2. Law or Regulation Establishing Jurisdiction. <br /> <br />a. Endangered Species Act <br /> <br />3. Standards for Issuing Permits/Findings/Mitigation Requirements. <br /> <br />ESA. As discussed above, consultation under section 7 of the ESA is required for <br />activities that are likely to adversely affect a listed species. Alternatively, the applicant <br />may apply for an "incidental take" permit under ESA section 10. In this instance, <br />because USACE must issue a permit under CW A section 404, the section 7 consultation <br />process is likely to provide the means by which ESA species issues are addressed. <br />NOAA Fisheries is the permitting agency for fish species listed as endangered or <br />threatened. There are several such species potentially present in bay waters adjacent to <br />the site. In particular, on October 19, 2009, NOAA Fisheries designated the San <br />Francisco Bay as critical habitat for the green sturgeon, a "threatened" species under the <br /> <br />20 <br />