2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
prohibits
(among
other
things)
take
of
active
nests.
In
addition,
nest
sites
(rookeries)
are
also
protected
under
state
Fish
and
Wildlife
Code
Section
3503.
There
were
no
rookeries
for
great
blue
heron
identified
within
the
Baylands
Project
Site.
The
Baylands
Project
site
is
entirely
unsuitable
for
golden
eagle
or
brown
pelican
nesting.
Mitigation
Measures
4.C-1d
and
4.C-4f
set
forth
protective
measure
consistent
with
the
Migratory
Bird
Treaty
Act
should
cliff,
bank,
or
barn
swallows
establish
nests
within
the
Baylands.
However,
none
of
the
four
concept
plan
scenarios
propose
development
in
areas
that
provide
suitable
habitat
for
swallow
nests
(e.g.,
east
face
of
Icehouse
Hill
and
the
railroad
bridge).
The
endangered
unarmored
three-spine
stickleback
(
Gasterosteus
aculeatus
williamsoni
),
a
subspecies
of
three-spine
stickleback
(
Gasterosteus
aculeatus
),
is
restricted
to
three
areas:
the
upper
Santa
Clara
River
and
its
tributaries
in
Los
Angeles
County,
San
Antonio
Creek
on
Vandenberg
Air
Force
Base
in
Santa
Barbara
County,
and
the
Shay
Creek
vicinity
(which
includes
Shay
Pond,
Sugarloaf
Pond,
Juniper
Springs,
Motorcycle
Pond,
Shay
Creek,
Wiebe
Pond,
and
Baldwin
Lake),
in
San
Bernardino
County.
Historically,
this
subspecies
williamsoni
was
found
throughout
a
much
larger
area
including
the
Los
Angeles,
San
Gabriel,
and
Santa
Ana
Rivers,
but
were
extirpated
from
these
areas
as
a
result
of
the
effects
of
urbanization
(e.g.,
dewatering
of
streams,
habitat
alteration,
introduction
of
exotic
predators,
and
pollution)
(USFWS,
2009).
Two
other
species
of
three-spine
stickleback
occur
in
southern
California.
The
resident
three-spine
stickleback
(
Gasterosteus
aculeatus
microcephalus
)
is
protected
only
south
of
Pt.
Conception
south
of
San
Louis
Obispo,
California.
Santa
Ana
(Shay
Creek)
three-spine
stickleback
(
Gasterosteus
aculeatus
santaannae
)
is
endemic
only
to
Shay
Creek
in
Southern
California
as
well.
Neither
the
stickleback
ssp.
microcephalus
or
ssp.
santannae
are
State
or
federally
listed.
Based
on
the
historical
record
for
the
agency-listed
subspecies
of
unarmored
three-spine
stickleback
(ssp.
williamsoni
),
it
is
presumable
that
this
species
has
never
occurred
within
the
San
Francisco
bay
region.
The
references
among
Draft
EIR
comments
regarding
observation
of
“unarmored
three-spine
stickleback”
within
the
Baylands
Project
area
presume
the
presence
of
a
subspecies
only
known
from
southern
California.
The
stickleback
fish
that
may
occur
in
the
San
Francisco
Bay
area
would
be
classified
under
the
more
common
three-spine
stickleback
with
nomenclature
of
(
Gasterosteus
aculeatus
),
with
no
subspecies
.
Other
comments
that
refer
generically
to
“stickleback”
are
presumed
to
reference
the
unarmored
three-spine
stickleback.
Regardless,
the
need
for
evaluation
of
“stickleback”
is
unwarranted
due
to
the
more
common
nature
of
the
three-spine
stickleback
(
Gasterosteus
aculeatus
),
which
is
the
only
subspecies
that
might
be
found
in
the
San
Francisco
Bay.
Brisbane
Baylands
Final
EIR
2.9.2-26
May
2015