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<br />7A - ATTACHMENT NO.2 <br />Page 32 <br /> <br />California Department of Fish and Game <br />7329 Silverado Trail <br />Napa, California 94558 <br /> <br />2. Law or Regulation Establishing Jurisdiction. <br /> <br />a. California Endangered Species Act (CESA) <br />b. Native Plant Protection Act <br />c. California Fish and Game Code Sections 1600-1607 <br />d. California Fish and Game Code Section 3513 <br /> <br />3. Standards for Issuing Permits/Findings/Mitigation Requirements. <br /> <br />California Endangered Species Act. The California Endangered Species Act <br />("CESA", Fish and Game Code, ~ 2050 et seq.) provides DFG with permitting authority <br />to protect and preserve sensitive resources and their habitats. CESA also allows for take <br />of listed species that is incidental to otherwise lawful development projects. CESA <br />emphasizes early consultation to avoid potential impacts to rare, endangered, and <br />threatened species and to develop appropriate mitigation planning to offset project caused <br />losses of listed species. Under CESA, taking a threatened or endangered species is <br />allowed only if the take is incidental to a lawful activity, the impacts are minimized and <br />mitigated, and permit issuance will not jeopardize the existence of a State-listed species. <br />An applicant who has been issued an ESA Section 10(a) permit may submit its federal <br />incidental take statement or permit to DFG for a determination as to whether the federal <br />document is "consistent" with CESA. <br /> <br />Species listed under CESA overlap with, but are not identical to, species listed <br />under the Federal ESA. For example, the Western Snowy Plover is listed under ESA and <br />regulated by USFWS; the plover is not listed, however, under CESA. <br /> <br />If the project moves forward, biological assessments for the Saltworks property <br />will have to be performed. <br /> <br />The Native Plant Protection Act. As originally adopted into the Fish and Game <br />Code, the Native Plant Protection Act ("NPPA") directed DFG to carry out the <br />Legislature's intent to preserve, protect and enhance rare and endangered plants in the <br />State. NPP A gave the California Fish and Game Commission the power to designate <br />native plants as "endangered" or "rare" and protected endangered and rare plants from <br />take. CESA expanded upon the original NPP A and enhanced legal protection for plants, <br />but the NPP A remains part of the Fish and Game Code. To align with Federal <br />regulations, CESA created the categories of "threatened" and "endangered" species. It <br />converted all "rare" animals into CESA as threatened species, but did not do so for rare <br /> <br />32 <br />