APPENDIX E

SUMMARY OF SPECIES SURVEY REQUIREMENTS

Of the 146 species covered by the MSHCP, no surveys will be required by applicants for public and private projects for 106 of these Covered Species. Covered Species for which surveys may be required by applicants for public and private Development projects include 4 birds, 3 mammals, 3 amphibians, 3 crustaceans, 14 Narrow Endemic Plants, and 13 other sensitive plants within the Criteria Area. Of these 40 species, survey area maps are provided for 34 species, and surveys will be undertaken within suitable Habitat areas in locations identified on these maps in the MSHCP Plan. The remaining six species are associated with riparian/riverine areas and vernal pools and include least Bell's vireo, southwestern willow flycatcher, western yellow-billed cuckoo, Riverside fairy shrimp, Santa Rosa Plateau fairy shrimp, and vernal pool fairy shrimp. Although there are no survey area maps for these six species, surveys for these species, if necessary, will be undertaken as described in Section 6.1.2 of this document. It is the goal of the MSHCP to provide for conservation of Covered Species within the approximately 500,000 acre MSHCP Conservation Area (comprised of approximately 347,000 acres of existing Public/Quasi-Public Lands and 153,000 acres of new Conservation on private lands). Conservation that may be identified to be desirable as a result of survey findings is not intended to increase the overall 500,000 acres of Conservation anticipated under the MSHCP. Please refer to Section 6.0 of this document for more specific information regarding species survey requirements.

Surveys undertaken in accordance with Sections 6.1.3 and 6.3.2 of the Plan may be discontinued in accordance with applicable species-specific objectives presented in Section 9.2 of this document and Volume II, Section B of the Plan. Circumstances associated with discontinuation of surveys and disposition of 90% avoidance areas are described below.

Discontinuation of Surveys: When species-specific objectives contained in Section 9.2 and Volume II, Section B of the Plan are met for individual species described in this section, findings that the objectives have been met will be made by the RCA and will be transmitted to the Reserve Managers Oversight Committee (RMOC) and the Monitoring Program Administrator (MPA). Information supplied to the RMOC and the MPA will include available data regarding the presence, distribution and status of the applicable species within the MSHCP Conservation Area and data supporting the conclusion that the species objectives have been met. In particular, data assembled as part of the MSHCP Monitoring and Management Plan will be made available to the RMOC and the MPA. The RMOC and MPA will seek input, as appropriate, from the Independent Science Advisors (ISA), the Wildlife Agencies, management and monitoring personnel, and outside experts.

The RMOC and MPA will be asked to make and report to the RCA on two possible findings. The first finding will be to confirm that the applicable species-specific objectives continue to be valid based on the then-current best available scientific and commercial information, including considerations regarding the likelihood that continued surveys would result in discovery of significant new populations of the applicable species. The RMOC and MPA will also confirm that the identified species-specific objectives have been met based on their independent review and assessment of the information supplied by the RCA. When this finding is reported to the RCA, the RCA will hold a noticed, public hearing for the purpose of formally discontinuing survey requirements for the applicable species.

The second finding will be made by the RMOC and MPA if they recommend a change to the applicable species-specific objectives based on then-current best available scientific and commercial information, including considerations regarding the likelihood that continued surveys would result in discovery of significant new populations of the applicable species. Such a recommendation may or may not involve discontinuation of survey requirements. This finding will be reported to the RCA for appropriate action, accompanied by a noticed, public hearing. If the RCA accepts this finding, an amendment to the MSHCP would, if necessary, be initiated to revise the species-specific objectives as appropriate. An amendment resulting in changes to species-specific objectives would be subject to public review and comment.

Release of 90% Avoidance Areas: The 90% areas to be avoided under this policy shall be avoided until species-specific objectives contained in Section 9.2 and Volume II, Section B of the Plan are met for the applicable species. When it is determined that species objectives are met, findings that the objectives have been met will be made by the RCA and will be transmitted to the RMOC and the MPA for review using the process for discontinuation of surveys noted above.

Following confirmation that species-specific objectives have been met and surveys have been discontinued according to the process described above, disposition of 90% areas avoided may proceed according to the following process. The RCA will prepare a summary of available documentation regarding 90% areas avoided for the particular species for which conservation objectives have been met and may seek input from the RMOC and MPA regarding the long-term value of these areas when considered as a whole. Project proponents may choose to submit development proposals for 90% avoidance areas, as long as it is determined that the avoided areas were not mitigation under other laws or regulations (e.g. CEQA), or may offer lands to permanent conservation and management. Such proposals would be subject to the normal review and approval requirements of local, state and federal agencies. In addition, such proposals will be submitted by the RCA to the RMOC and MPA for their review. The RMOC and MPA will seek input, as appropriate, from the Independent Science Advisors (ISA), the Wildlife Agencies, management and monitoring personnel, and outside experts. The RMOC and MPA will consider the following factors in their review of such proposals: a) potential long-term biological viability of the avoided area; b) potential beneficial contribution of the avoided area to the applicable species (e.g., through increased genetic diversity or demographic contributions to a metapopulation); and c) potential contribution of the avoided area to overall integrity of the MSHCP Conservation Area (e.g., contributions to maintenance of functional linkages, ecosystem function, or buffers for other conserved areas).

Based on these factors, the RMOC and MPA will recommend to the RCA that the avoided area be made available for development or that it be considered for acquisition, conservation and management as part of the MSHCP Conservation Area, in accordance with the acquisition procedures incorporated in the Plan. Recommendations of the RMOC and MPA will be reviewed with the RCA, applicable Local Permittee and project proponent for appropriate action. Actions taken as a result of such recommendations will be heard by the RCA at a noticed public hearing. The number of 90% avoidance areas on which future development is sought is anticipated to be small given the MSHCP requirement that the 90% avoidance criterion apply to areas with long-term conservation value for the species which would indicate that most of these areas will be determined to be desirable for Reserve Assembly when originally identified.