Vantage to Pomona FEIS Index 34 - Laserfiche WebLink

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Vantage to Pomona Heights Chapter 3 230 kV Transmission Line Project FEIS Affected Environment PAGE 3-92 available at http://www.fws.gov/migratorybirds/regulationspolicies/mbta/mbtandx.html. While the USFWS is the lead federal agency charged with protecting “migratory” birds within the U.S., under Executive Order 13186 all other federal agencies are charged with conserving and protecting “migratory” birds and the habitats on which they depend. 3.3.3.2 Executive Order 13186 Executive Order 13186 (January 10, 2001; Responsibilities of Federal Agencies to Protect Migratory Birds) directs federal agencies to take certain actions to further implement the MBTA. This includes developing and implementing a Memorandum of Understanding (MOU) with the USFWS promoting the conservation of migratory bird populations. A MOU between the BLM and USFWS has also been released that describes a collaborative approach to conserving bird populations (BLM and USFWS 2010). 3.3.3.3 The Bald and Golden Eagle Protection Act The Bald and Golden Eagle Protection Act of 1940 provides for the protection of bald and golden eagles by prohibiting the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, and export or import of any bald or golden eagle, alive or dead, including any part, nest, or egg unless allowed by permit (16 United States Code §668 (a); 50 Code of Federal Regulations Part 22.3; USFWS 2011c). 3.3.3.4 Washington State Species of Concern Under Washington State Statute (Washington Administrative Code [WAC] 232-12-297), state listing determinations are made according to consistent criteria described in the statute. State status of wildlife species is determined using considerations such as abundance, occurrence patterns, vulnerability, threats, existing protection, and taxonomic distinctness. State status definitions as defined in the State statute WAC 232-12-297 include but are not limited to: State Endangered Species is defined in WAC 232-12-297, Section 2.4, to include "any wildlife species native to the state of Washington that is seriously threatened with extinction throughout all or a significant portion of its range within the state." State Threatened Species is defined in WAC 232-12-297, Section 2.5, to include "any wildlife species native to the state of Washington that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range within the state without cooperative management or removal of threats." State Sensitive Species is defined in WAC 232-12-297, Section 2.6, to include "any wildlife species native to the state of Washington that is vulnerable or declining and is likely to become endangered or threatened throughout a significant portion of its range within the state without cooperative management or removal of threats." State Candidate Species is defined in WDFW Policy M-6001 to include fish and wildlife species that the Department will review for possible listing as State Endangered, Threatened, or Sensitive. A species will be considered for designation as a State Candidate if sufficient evidence suggests that its status may meet the listing criteria defined for State Endangered, Threatened, or Sensitive. Species are recommended by the WDFW to the Fish and Wildlife Commission, which makes the listing determinations. WDFW maintains a list of state species of concern, as well as the location data for species of concern occurrences (WDFW 2015a). 3.3.3.5 Washington Department of Fish and Wildlife Priority Habitats and Species The PHS Program was initiated in 1989. WDFW manages data on wildlife PHSs; those that are rare or have very limited distribution (WDFW 2016). In addition to State Endangered, Threatened, Sensitive, and