Cal. Fish & Game Code § 2081.13
(a) Notwithstanding Sections 3511 and 4700, the department may authorize, under this chapter, the incidental take of the salt-marsh harvest mouse (Reithrodontomys raviventris), the California Ridgway’s rail (Rallus obsoletus obsoletus), the California black rail (Laterallus jamaicensis coturniculus), and the white-tailed kite (Elanus leucurus) resulting from impacts attributable to the Sears Point to Mare Island Improvement Project on State Route 37 from east of Lakeville Highway near State Route 121 in the County of Sonoma to west of Sacramento Street in the County of Solano through the Counties of Sonoma, Napa, and Solano, if all of the following conditions are satisfied: