FIELD SURVEY PROTOCOL FOR ANY FEDERAL ACTION THAT MAY OCCUR WITHIN

January 1992

FIELD SURVEY PROTOCOL FOR ANY FEDERAL ACTIONTHAT MAY OCCUR WITHIN THE RANGE OF THE DESERT TORTOISE

The Mojave population of the desert tortoise was listed as afederally endangered species on August 4, 1989 by emergency ruleand as a threatened species. by final rule on April 2, 1990.section 7(a) regulations of the Endangered Species Act (FederalRegister Vol. 51, No. 106, pp. 19957-19963) require each federalagency to review its actions at the earliest possible time todetermine whether any action may affect listed species (Mojavepopulation of the desert tortoise) or critical habitat. If sucha determination is made, formal consultation is required with theFish and wildlife service. The Service may request a federalagency to enter into consultation if it identifies any action ofthat agency that may affect the desert tortoise and for which therehas been no consultation. Through completion of the formal Section7 process, that is issuance of a "no jeopardy" biological opinion,the federal agency receives authorization from the Fish andWildlife Service to incidentally take a specified number offederally threatened desert tortoises and tortoise habitat throughthe implementation of a proposed project. Without thisauthorization from the Fish and Wildlife Service, the federalagency would be in violation of Section 9 of the Endangered SpeciesAct if the proposed project were implemented and resulted in the"take" of a desert tortoise or its habitat.

Section 9 of the Endangered Species Act prohibits the "taking" ofany federally listed threatened or endangered species without firstobtaining necessary authority from the Fish and Wildlife Service."Take" includes "harming, harassing, pursuing, hunting, shooting,wounding, killing, capturing, collecting, or attempting to engagein any such conduct"(Section 3(19), Endangered Species Act 1973,as amended). Harm includes "significant habitat modification ordegradation where it actually kills or injures wildlife bysignificantly impairing essential behavior patterns, includingbreeding, feeding, or sh,elter"(50 CFR 17.3(c». "Take" alsoincludes modification of habitat that would result in harm to thedesert tortoise.

In response to a demand for information and/or guidance oncompliance with Section 7 of the Endangered Species Act, the Fishand Wildlife Service has developed a protocol for surveys withinthe range of the federally threatened desert tortoise. The purposeof this protocol is to provide technical assistance to federalagencies to determine 1) if a proposed action "may adverselyaffect" the desert tortoise and thus initiate formal consultationwith the Fish and Wildlife service and 2) the incidental take ofdesert tortoises and tortoise habitat. Survey information wouldalso enable the federal agency to modify the proposed project ordevelop an alternative project that would minimize or avoid

2

January 1992

incidental take of desert tortoises or their habitat. This latterpoint is relevant under Section 7{a) (l) of the Endangered SpeciesAct which requires all federal agencies to consult with the Fishand Wildlife Service and utilize their authorities to carry outprograms for the conservation of endangered and threatened species.

We also recommend that you obtain a copy of "Procedures forEndangered Species Act Compliance for the Mojave Desert Tortoise"before you begin planning your project. This document is availablefrom any of the five Fish and wildlife Service offices listed belowand provides more information on sections 7, 9, and 10 of theEndangered Species Act.

This survey protocol is subject to revision as new informationbecomes available. Before initiating the survey protocol describedbelow, we recommend checking with the Fish and Wildlife Service toverify that you are implementing up-to-date survey methods.

In Arizona:

Fish and Wildlife ServicePhoenix Field Office

2321 W. Royal Palm Road

Phoenix, Arizona 85021(602) 640-2720

In California,_for Inyo, Kern, Los Angeles, and San BernardinoCounties:

Ventura Fish & Wildlife Office

2493 Portola Road, Suite BVentura, ~alifornia 93003

(805) 644-1766

In California, for Imperial and Riverside Counties:

Carlsbad Fish & Wildlife Office2730 Loker Avenue West

Carlsbad, California 92008

(760) 431-9440

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January 1992

In Nevada:

Nevada Fish & Wildlife Office1340 Financial Blvd. Suite 234

Reno, Nevada 89502

(775) 861-6300

In Utah:

Utah Ecological Services FieldOffice

1300 South Lincoln Plaza,Suite 404

Salt Lake City, Utah 84105-2316

(801) 524-5001

Survey protocol includes five parts: 1)types, 3) survey quality, 4) surveyqualifications of the surveyor.

survey need, 2) surveytime period, and 5)

Survey Need: The desert tortoise may occupy numerous habitat typeswithin its range in the Mojave and Colorado deserts and below anelevation of 5000 feet. In these areas there is a likelihood ofencountering desert tortoises or tortoise sign. "If the federalagency does not know if the proposed project occurs within therange of the desert tortoise, please request a species list fromthe Fish and Wildlife Service office listed above that hasjurisdiction over the project area. If the Fish and WildlifeService species list includes the Mojave population of the deserttortoise, this means the desert tortoise may be present within ornear the project area.

The following criteria have been developed by the Fish and WildlifeService to assist federal agencies in their determination of "mayaffect" for the desert tortoise: 1) desert tortoise habitat on theproject site, 2) desert tortoise habitat adjacent to the projectsite such that the project area may overlap the home range of adesert tortoise, or 3) project would introduce direct or indirectdisturbance to desert tortoise habitat (e.g., :roads). Deserttortoise habitat is defined as areas with presence of tortoises ortortoise sign within areas likely to be home range, dispersal

projects that may adverselyFish and Wildlife Service

4

January 1992

corr idors , or habi tat identif ied in the recovery plan. If theproject area and adjacent areas meet one of these three criteriaor if any tortoise sign (~, live tortoises, shells, bones,scutes, limbs, scats, burrows, pallets, tracks, egg shellfragments, courtship rings, drinking sites, mineral licks, etc.)is known to occur in the project area or adjacent areas, then theproposed project "may affect" the desert tortoise and consultationwith the Fish and Wildlife Service should be initiated.

Please note that all free-roaming desert tortoises located northand west of the Colorado River are protected under the EndangeredSpecies Act. For example, the desert tortoise that on occasionoccurs above 5000 feet or· in pinyon-juniper woodland would beprotected under the Endangered Species Act.

The next step is for the federal agency to determine the likelihoodof an adverse effect to the desert tortoise from implementation ofthe proposed project. If the proposed action may adversely affectthe desert tortoise, formal consultation is required unless, as aresult of the preparation of a biological assessment or as a resultof informal consultation with the Fish and wildlife Service, thefederal agency determines, with the written concurrence of the Fishand Wildlife Service, that the proposed action is not likely toadversely affect the desert tortoise or critical habitat. >

As mentioned above, the presence of a desert tortoise within theproject boundary is-not necessary for the project to result in thetake of the desert tortoise. For example, a desert tortoise maybe present in the Zone of Influence and may use the project sitefor feeding, breeding, or shelter. The Zone of Influence isdefined as the area where tortoises on adjacent lands may bedirectly or indirectly affected by project exploration,construction, maintenance, operation, monitoring, dismantlement,enhancement, and proj ect abandonment. Destruction of tortoisehabitat used for feeding, breeding, or shelter is considered takeunder the Endangered Species Act.

For formal consultation, that is,affect the desert tortoise, therecommends the following protocols:

For a surface disturbance project that would result in theclearing or crushing of vegetation (~, roads, buildings,excavation or fill sites, utility towers, water improvements,driving overland for land .surveying and other activities,etc.) the federal agency should conduct a Presence-or-AbsenceSurvey (100 percent survey) for desert tortoises and tortoisesign over the entire project area and the Zone of Influenceadjacent to the project area. (See Survey Types below.) The

5 ~,)January 1992

survey information would be used to develop a reliableincidental take statement as required in the biologicalopinion. Depending on the type of project, a Clearance Survey(see below) in occupied tortoise habitat may be necessary.The Fish and Wildlife Service requests that survey results(i.e., copies of the completed transect forms) be submittedto the appropriate Service office within 30 days of completionor with the request for formal consultation. If not includedin the biological assessment or biological evaluation thisinformation may be requested in the biological opinion.

For a management project that would result in modification ofvery large areas of desert tortoise habitat (~, grazing),the federal agency should coordinate with the Fish andWildlife Service to develop an alternative method forsurveying for desert tortoises and their sign. This methodshould consider variations in habitat quality within theproject area, the natural history of the desert tortoise, andbe statistically acceptable. The survey information would benecessary to develop a reliable incidental take statement asrequired in the biological opinion. Depending on the type ofproject, a Clearance Survey (see below) in occupied tortoisehabitat may be necessary. The Fish and wildlife Servicerequests that survey results be submitted to the appropriateService office within 30 days unless the federal agencyinitiates formal consultation. If not included in thebiological assessment or biological evaluation thisinformation maybe requested in the biological opinion.

If (1) the federal agency has determined that the proposed projectis not likely to adversely affect the desert tortoise because theproject area is not considered tortoise habitat, and (2) a deserttortoise or tortoise sign (shells, bones, scutes, limbs, burrows,pallets, scats, egg sheIl fragments, tracks, courtship rings,drinking sites, mineral licks, etc.) are found in the project areaduring impl~entation of the proposed action, the proposed actionshould immediately stop and the federal agency determine whetherformal consultation is necessary to comply with the Endangeredspecies Act. The Fish and Wildlife Service recommends that thefederal agency notify us in writing within three (3) days of thediscovery. This short notification period will help ensure aprompt response by the Fish and wildlife Service to facilitatecompliance with the Endangered Species Act.

6

January 1992

Fish and Wildlife Service Survey Protocol for Desert Tortoisesand Bureau of Land Manaqement Cateqories of Desert TortoiseHabitat: The Bureau of Land Management has developed categorymaps for desert tortoises to assist the Bureau in managingpublic lands for the tortoise within the Bureau's multiple usemandate. Bureau maps were not developed to provideinformation on how to avoid take of the desert tortoise orcomply with the federal Endangered Species Act. The Bureauhas assigned three categories to their maps on desert tortoisehabitat. These categories reflect the quality of tortoisehabitat, quantity of tortoises present, and the Bureau'sability to manage these areas for the desert tortoise whileminimizing resource conflicts. For example, Category 1 isconsidered better for tortoises than category 2. However,category 3 areas may contain high quality tortoise habitat andhigh density of tortoises, but because of resource conflictsthe Bureau has assigned the area to category 3.

If an area is not classified on the Bureau's maps as category1, 2, or 3, this does not mean that this area does not containdesert tortoises or is not considered desert tortoise habitat.The Bureau did not categorize lands that it does not managesuch as military reservations or private lands. Also, theBureau did not categorize lands in many areas that havedensities of desert tortoises less than 20 per square mile.Thus, if a proposed proj ect is not located in an areacategorized as category 1, 2, or 3 by the Bureau, the projectmay still be located in desert tortoise habitat if it is inthe desert and below 5000 feet.

Survey TVDes: Two types of surveys are recommended: 1) Presenceor-Absence.and 2) Clearance. Neither survey utilizes the 1.S-miletriangular transect survey method developed by the Bureau of LandManagement. This triangular transect method has not providedreliable information on the number of desert tortoises that wouldbe incidentally taken as a result of implementation of the proposedproject and thus is not adequate for meeting the requirements ofthe Endangered Species Act.

Presence-or-Absence: This survey type is recommended for allpotential desert tortoise habitats. A Presence-or-AbsenceSurvey equivalent to that described below would be requestedfor habitats thought to be outside suitable habitat for thedesert tortoise if tortoise sign is found within thesehabitats located within the project area.

7

January 1992

The purpose of this survey is to determine. impacts ofpotential land disturbance activities or land managementactivities to the local tortoise population. This includesidentifying the number and location of all tortoises andtortoise sign that occur within a given project area orselected area and if any tortoises occur in adjacent areaswhose home range may overlap into the project area and thusbe lost or harassed by the proposed action.

The project area is defined as any area that will be clearedor partially cleared, with vehicles on or adjacent to it,temporarily or permanently used for equipment or materialsstorage, loading or unloading, or sites where soils/vegetationis damaged, fragmented, or disturbed (e.g., driving overland) .

The entire project area is surveyed using belt transects 10yards or 30 feet wide (100 percent coverage). In somelocations, belt transects less than 30 feet wide may beappropriate (see below). In addition, the Zone of Influenceis surveyed. The Zone of Influence is defined as the areawhere tortoises on adjacent lands may be directly orindirectly affected by project exploration, construction,maintenance, operation, monitoring, dismantlement,enhancement, and project abandonment. As a minimum, the belttransects in the Zone of Influence are located at 100, 300,'600, 1200, and 2400-foot intervals from and parallel to theedge of the project boundaries. (See Figures 1 and 2.) Alltortoise sign (live tortoises, shells, bones, scutes, limbs,scats, burrows, -pallets, tracks, egg shell fragments,courtship rings, drinking sites, mineral licks, etc.) withinthe project area and sign located on transects within the Zoneof Influence should be mapped.

The extent of the Zone of Influence is dependent on the typeof habitat alteration/development and its proximity to otherdevelopments. The extent of the Zone of Influence increasesas the probability of increased use by domestic predators,potential human use in the Zone, road creation and use,littering, waste disposal, etc. These uses result inincreased take of desert tortoises through predation,collection as pets, vandalism, road kills, and attractingpredators such as ravens, coyotes, and feral dogs to the area.

Figure 1. Example of a proposed transmission line including areas with full

(100 percent) survey coverage for desert tortoises (construction area)and locations of transects within the Zone of Influence.

1200feet

-.-------------- 2400feet~ (transect distance from project boundary)ucQ)=.-;---------------

ll-JCh

I 600feetll-J.- ---------------oI

Q)c~--------------- 300feet

600feet

-------------1200 feet

HJ --------------- 100 feet

...::~ -----;~~------c co 0

"(ri0j dW~~,,~~-

100feet

g ---- 300feetQ)::l

...-4

ll-JCI-tI

ll-JoI

Q)

§N

1--------------2400 feet

(transect distance from project boundary)

')./

- --/

- -"'

II "'I

~1"I

Zohedf InJluenceII I II I

(1)us::(1)...•

survey

coverage)

1200 feet

(100 percent

Proposed

Spatial

Cieve10pnent

I I I

I I II

I I I I Irrnr feet - =./.J I300 feet - - )600- feet (1)- ~u

s::(1)

:J---""'s::H

""'o(1)

~-2400-reet --

__ 12CCLfeet--

~ -I

II I1'1I L_~'- -

I

I

\.

Figure 2. Exampleof a prop:>sed spatial developnent (e.g., residentialdevelopnent, corrmercial developnent) with full (100 percent)survey coverage for desert tortoises and locations oftransects within the Zone of Influence.

2MlD fee1:-r-I

r-600 I foot- - ~

300 feet ~(-_= ::::lO!l.fe.e1: -=- ~I r ..

~ . III I I

Zone of InflrenCe I

I I ~I~-=-~~I

l

10

January 1992

Additional transects may be recommended at 3600- and 4800foot intervals from the perimeter of the project area fordevelopments 1) located in or within one mile of categories1 or 2 habitats as defined by the Bureau of Land Managementor 2) associated with residential development, new orincreased road use, landfills, or projects that would resultin increases in human use or litter.

For example, if a project area is 640 acres or one squaremile, 176 parallel tranfects each one mile long and 30 feetwide would be necessary to provide 100 percent coverage ofthe project area. Additional transects would be necessary tosurvey the adjacent areas or Zone of Influence.

If the project area contains locations with vegetation ortopography that obscures or reduces that surveyor's abilityto see tortoise sign at distances of up to 15 feet on theground, the width of the survey should be reduced to 10 feet,that is, 5 feet on either side of the surveyor. Some examplesof situations where a 10-foot wide transect should beconducted instead of a 30-foot wide transect would be: 1)foothills and slopes of mountains which contain rocks,boulders, and/or vegetation that obstruct the surveyor's viewof the ground at distances greater than 5 feet, and 2) areasin which the vegetation density is greater than that oftypical creosote or creosote/bursage flats or bajadas in theMojave Desert such as desert wash scrub or woodlands andecotones between habitat types. In these areas the surveyor'sview of the ground and tortoise sign, if present, would beobstructed and a 30-foot wide transect would not beacceptable.

When mapping tortoise sign, the recommended map scale is 1inch=100 feet for plans involving ground disturbance and 1inch=1000 feet for preliminary planning (master planning orspecific planning). These map scales are based on thosefrequently required by city or county planning departments.The map should include locations and specific types of alltortoise sign found on the project area and Zone of Influenceincluding the number live tortoises, reference to thecorresponding transect form with additional information ontortoise sign found, significant landmarks, legal descriptionof the project area, survey dates, and the range of elevationwithin the project boundaries. Please note that a federalFish and Wildlife License/Permit is required before a surveyorcan capture, touch, or "harass" a live desert tortoise evenfor the purposes of taking measurement~ or determining itssex. A permit may also be required from the appropriate statewildlife resource agency (~, Arizona Game and Fish

11

January 1992

Department, California Department of Fish and Game, NevadaDepartment of Wildlife, utah Division of Wildlife Resources) •The Fish and wildlife Service emphasizes that the surveyorshould only estimate the size of all live desert tortoisesencountered.

If the surveyor wishes to use a fiber-optic scope or videocamera that is placed inside a tortoise burrow instead of orin addition to a hand-held mirror to investigate deserttortoise shelter sites, you should contact the Fish andWildlife Service at one of thQ offices listed above. We willneed information on the type of equipment you will be usingand your qualifications to use it. Improper use of suchequipment may disturb or injure tortoises, damage the sheltersite, and may promote the spread of disease. These actionsmay be considered take under the Endangered Species Act. Youshould refer to the Desert Tortoise Handling Protocols forinformation on when and how to utilize these scopes to avoidthe possible transmission of disease between tortoises.

The following format is recommended for recording transectdata. (See Figure 3.) This format has been modified from theBureau of Land Management's Interim Techniques Handbook forCollecting and Analyzing Data on Desert Tortoise Populationsand Habitats. One form is used for each transect wheretortoise sign occurs. Pages 1, 2, and 3 of the form would becompleted for each transect in the project site and the Zoneof Influence where to~toise sign occurs. If add~tional spaceis needed, more forms may be used for each transect andstapled together.

If no tortoise sign is located during Presence-or-AbsenceSurveys, we recommend th~t the surveyor complete and submitsummary formes) (Figure 4) to the appropriate Fish andwildlife Service office listed above.

Please do not collect any desert tortoise sign. Tortoisescats may be used by tortoises to mark or identify travelareas and shelter sites. Tortoise shells may be an importantsource of minerals for reptiles and mammals.

Figure 3. Desert tortoise survey form forPresence-or-Absence and Clearance Surveys(4 pages).

12

January 1992 M/D/Y

Sec

Sec

Date -----Transect No.

State

County

CityRecorder

Address

Project Name _Type of Project

Quad Name--------------Scale-----------Site Name--------------T R----- ---lot Sec__ lot lot

UTM Zone--------------North ing _

Easting _Parcel No.

This form should be completed for thosetransects that contain one or more desert

tortoise sign. After the project site and

Zone of Influence have been surveyed for

tortoise sign, the results from the transectforms should be compiled on a summary form.

(place a 4 X 6 photograph showing thearea where the transect was conducted)

If no tortoise sign occurs on the project site

or Zone of Influence, the summary form should

be completed. Please fill in all sections on

the top 2/3 of the page of the summary form.

DESERT TORTOISE HANDBOOK 1992:

FORM FOR PRESENCE-OR-ABSENCE AND CLEARANCE SURVEYS

Project Site I I Zone of Influence I I ft from Project Site

Transect Length: ft Width: 30 ft Other ft Time _Weather: Airtemp at: 5 cm oC Surface oc Cloud cover '

Rainfall in Wind speed Rainfall in last 30 days inLand Form (e.g., mesa, bajada, wash) _

, Slope: high low Aspect Elevation ftSoils ------------------------------------------------------------------------------------Vegetation: dominant perennials _

dominant annuals

Adjacent Land Use: up to 1 mi _Soils ------------------------------------------------Vegetatioo _

===================================================================================

Corrected

Sign

Live

Tortoises

Adult/Juv.

TOTAL NUMBER OF

Shelter Sites

Pallet/Burrow/Den

Active/Inactive 1

Scats 2 Shell

Remains 3

" A= J=

M=" A=F=

J=

Unk=

Unk=

Tracks Eggshell

Fragments

DrinkingSites

Courtship

Rings

Other Neotoma Middens

w/sign :w/o sign

===============================-=================================================

Tire

Tracks

SIGNS OF

Human Dog

Footptints Sign

HUMAN DISTURBANCE - NUMBER AND TYPES SEEN

Trash Dump Shotgun/ Blading RavensSites Rifle Shells

Other

I

January 1992

H/D/Y

Date _Transect No.------State _

County _City _Recorder ---------Project Name _

Parcel No.------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

)

INFORMATION ON SHELTER SITES

(Please indicate why you believe a shelter site is active or.. 1l.nactl.ve)

sign No. Type Location Width Estimated Lengch Other Sign

Condition of Shelte~ Sitel/Comments

==============================================================================

CONDITION OF SCATS2 - COMMENTS (See below)/

-------------------------------------------------------------------------------------------------------------------------------------------------------------

CONDITION OF SHELL REMAINS3 - COMMENTS (See below)

------------------------------------------------------------------------------------------------------------------------------------------------------------

SIGNS OF HUMAN DISTURBANCE-COMMENTS

-----------------------------------------------------------~------------------

January 1992

Show locations of types of tortoise sign on transect line below:

/

Transect No.Drawing: Scale 1 in =Recorder Date

ft Drawing or Map Reference No, _Parcel No. Location------- ----------------------------

January 1992

INFORMATION INDEX FOR DESERT TORTOISE SIGN

Burrows and Dens, Scats, and Shell Remains

1Burrows and Dens: 1.2.

3.4.

5.

currently active, with tortoise or recent tortoise sign

good condition, definitely tortoise; no evidence of recent use

deteriorated condition (please describe); definitely tortoise

deteriorated condition; possibly tortoise (please describe)good condition; possibly tortoise (please describe)

2Scats: 1. wet (not from rain or dew) or freshly dried; obvious odor

2. dried with glaze; some odor; dark brown

3. dried; no glaze or odor; signs of bleaching (light brown),tightly packed material

4. dried; light light brown to pale yellow, loose material; scaly

appearance

5. bleached, or consisting only of plant fiber

3Shell Remains: 1. fresh or putrid2. normal color; scutes adhere to bone

3. scutes peeling off bone

4. shell bone is falling apart;growth rings on scutes are

peeling5. disarticulated and scattered

Figure 4. Desert tortoise summary form forPresence-or-Absence and Clearance Surveys(3 pages).

17

_ Sec!s!s See

January 1992



tortoise sign. After the project site andZone of Influence have been surveyed for


If no tortoise sign occurs on the project siteor Zone of Influence, the summary form shouldbe completed. Please fill in all sections on

t~e tOp 2/3 of the page of the summary form.

M/D/YDate

Transect No.

State ----------County

City _Recorder

Address

Project Name__.....__..... _Type of Projec~

Quad Name _Scale-----------Si~e Name---------T R

!s Sec _UT~·!Zone------------No:-"::hing _Easting _

Par:::elNo.


FO~~ FOR PRESENCE-OR-ABSENCE AND CLEARANCE SURVEYS

Project Site I I Zone of Influence I I ft from Projec~ SiteTransect Length: ft Width: 30 ft Other ft Time __

Weather: Airtemp at: 5 cm oC Surface oC Cloud cover '

Rainfal1 in Wind speed Rainfall in last 30 days inLand Form (e.g., mesa, bajada, wash) /

, Slope: high low Aspect Elevation ft

50ils _Vegetation: dominant perennials _

dominant annuals ------------------------------------

Adj acent Land Use: up to 1 mi ..... _Soils -----------------------------------------------------------------Vegetation _

===================================================================================

Corrected

Sign

Live

Tortoises

Adult/Juv.

TOTAL NUMBER OFShel·ter Sites

Pallet/Bu~row/Den

Active/Inactive 1

Scats 2 Shell

Remains 3

II 11.= J=

M=II A=F=

J=

Unk=

Unk=

Tracks Eggshell

Fragments

DrinkingSites

CourtshipRings


w/sign :w/o sign

=======~==m=a==_z.=~.==_.=.~._aa_••=====~=========_==================_===========

Tire

Tracks

SIGNS OF

Human Dog

Footprints: Sign



Other

Comments/Drawings

SUMMARY FORM (continued)FOR PRESENCE-OR-ABSENCE AND CLEARANCE SURVEYS

FOR DESERT TORTOISE SIGN

-'

J,,"UUY 1992

ISurrows and Dens: 1.

2.3.

4.S.






deteriorated condition; possibly tortoise (please describe)

good condition; possibly tortoise (please describe)

J••lluary 1992

,/

2scats:

JShell Remains:

1. wet (not from rain or dew) or freshly dried; obvious odor

2. dried with glaze; some odor; dark brown3. dried; no glaze or odor; signs of bleaching (light brown),

tightly packed material


,appearance.5. bleached, or consisting only of plant fiber

1. fresh or putrid2. normal color; scutes adhere to bone


4. shell bone is falling apartjgrowth rings on scutes are

peelingS. disarticulated and scattered

~.~/

21

January 1992

Clearance Survey: For projects located in areas with habitatused by desert tortoises, especially those projects with alinear band of disturbance (e.g. pipelines, roads,transmission lines), a Clearance Survey may be required aspart of the Terms and Conditions of a biological opinion toreduce incidental take of the desert tortoise. The purposeof the survey would be to temporarily relocate or salvagetortoises from the area of construction and any other areadeemed necessary to avoid or minimize the death of deserttortoises that may be caused by the project. A ClearanceSurvey would require full coverage of the project area, andwould focus on locating all desert tortoises above and belowground within the project area. This survey would beconducted immediately prior to surface disturbance at eachsite within the project area. The survey period may bestipulated in the Terms and Conditions of the biologicalopinion to reduce the incidental take of desert tortoises.

Survev Oualitv: To determine the accuracy of the surveyor inlocating desert tortoise sign during Presence-or-Absence Surveysfor each project area, the Fish and Wildlife Service recommendsthat the surveyor conduct an intensive survey in a portion of theproject area following completion of the 100 percent survey. >Thesize of the intensive survey area is 5 percent of the size of theproject area. The intensive survey area would also receive 100percent coverage uaing transects 10 feet wide rather than 30 feetor 5 feet wide rather than 10 feet wide. The location of theintensive survey would be plotted on the map and a comparison madebetween the sign recorded in this area during the 100 percentsurvey effort and the intensive survey effort. The quality oraccuracy of the survey ,for the project area will be determined bycomparing these two data sets for this area.

If the surveyor does not meet the minimal qualifications statedbelow or if there is a major difference in number of sign recordedbetween the intensive survey effort and the 100 percent surveyeffort, the survey may not be deemed adequate by the Fish 'andWildlife Service.

If the survey results do not include the Zone of Influence, theFish and Wildlife Service may not concur with the survey results.

22

January 1992

Oualifications of Surveyor: The Fish and wildlife Service doesnot endorse any individual or company with respect to theirabilities to conduct satisfactory surveys. We recommend thefollowing criteria for selecting someone to conduct surveys todetermine presence or absence of desert tortoises in a given areaor recent use of the area by the desert tortoise.

As a general rule, a qualified desert tortoise surveyor is abiologist with a bachelors degree or graduate degree in biology,ecology, wildlife biology, herpetology, or related fields. He/shemust have demonstrated prior field experience using acceptedresource agency techniques to survey for desert tortoises. Fieldexperience may mean a minimum of 60 days field experience searchingfor desert tortoises and tortoise sign.

The surveyor should have the following qualifications for thesurvey results to be accepted by the Fish and wildlife service: 1)ability to recognize and accurately identify all types of deserttortoise sign listed above, and 2) ability to carefully, legibly,and completely record all sign including size of shelter sites,shells, and estimated size of live tortoises.

Survey Time Period: Survey time for determination of "may affect"is not limited. Survey time for Presence-or-Absence Surveys islimited to the following approximate activity period of the deserttortoise, March 25 to May 31. This survey time may be extended bythe Fish and Wildlife Service if tortoises on or near the projectarea have been observed above ground prior to March 2S'or after May31.

This survey window is based on the activity period for the deserttortoise throughout its range during a typical year and equates tothe period of time when a 'tortoise is not brumating or aestivating.During dry years this activity period may be shorter and in wetyears it may be longer. Desert tortoises may also become activeduring and after summer rains.

Surveys conducted outside this window will be subject to closescrutiny by the Fish and wildlife Service. The Service mayconsider the results of these surveys as under-representing thenumber of tortoises on and use of the project site by deserttortoises.

Presence-or-Absence or Clearance surveys should only be conductedduring daylight hours.

23

January 1992

The Fish and Wildlife Service considers the results of a Presenceor-Absence Survey, including the Zone of Influence, to be valid forno more than one year. This time period of survey data reliabilitymay be significantly reduced depending on project size, location,or proximity to other land disturbance.

January 1992

FIELD SURVEY PROTOCOL FOR ANY NON-FEDERAL ACTIONTHAT MAY OCCUR WITHIN THE RANGE OF THE DESERT TORTOISE

The Mojave population of the desert tortoise was listed as afederally endangered species on August 4, 1989 by emergency ruleand as a threatened species by final rule on April 2, 1990.section 9 of the Endangered Species Act prohibits the "taking" ofany federally listed threatened or endangered species withoutfirst obtaining necessary authority from the Fish and Wildlifeservice. "Take" includes "harming, harassing, pursuing, hunting,shooting, wounding, killing, capturing, collecting, or attemptingto engage in any such conduct" (section 3(19), Endangered SpeciesAct 1973, as amended). Harm includes "significant habitatmodification or degradation where it actually kills or injureswildlife by significantly impairing essential behavior patterns,including breeding, feeding, or shelter" (50 CFR 17.3(c»."Take" also includes modification of habitat that would result inharm to the desert tortoise.

In response to a demand for information and/or guidance oncompliance with the Endangered species Act, the Fish and wildlifeService has developed a protocol for surveys within the range ofthe Mojave population of the desert tortoise which is listed asfederally threatened. The purpose of this protocol is to providetechnical assistance to entities to determine presence or absenceof this animal and thus avoid "take" of the desert tortoise.Where avoidance is not possible, this protocol will provideinformation frOTh which the project proponent can develop a"conservation plan" 'with guidance from the Fish and wildlifeService. The conservation plan is the primary component of asection 10(a) (1) (B) permit application intended to obtain thenecessary authorization to incidentally "take" a federally listedspecies as' specified in, the Endangered Species Act.

Please note that the presence of a desert tortoise within theproject boundary is not necessary for the project to result inthe take of the desert tortoise. Please see the Survey Needsection below for more information.

If part or all of the project will be authorized, funded, orcarried out by a federal agency or located on federal land, theproject proponent, through the federal agency, will need tocomply with section 7 of the federal Endangered Species Actrather than section 10. If you believe your project may havesuch a federal "connection", we urge you to contact the Fish andWildlife Service for confirmation. Please see the "Field SurveyProtocol for Any Federal Action that May Occur within the Rangeof the Desert Tortoise". If there is no federal "connection" inany part of the proposed project, you must ensure that yourproject either will not result in "take" of the desert tortoise

2

January 1992

or obtain a section lOCal (1)(B) incidental take permit from theFish and Service prior to implementing your project.

We also recommend that you obtain a copy of "Procedures forEndangered Species Act Compliance for the Mojave Desert Tortoise"before you begin planning your projec~. This document isavailable from any of ~he five Fish and wildlife Service officeslis~ed below and provides more information on sections 7, 9, and10 of ~he Endangered Species Act.

This survey protocol is subject to revision as new informationbecomes available. Before initiating the survey protocoldescribed below, we recommend checking with the Fish and WildlifeService to verify that you are implementing up-to-date surveymethods.

In Arizona:

Fish and Wildlife Service

Phoenix Field Office

2321 W. Royal Palm Road

Phoenix, Arizona 85021

(602) 640-2720

In california, for Inyo, Kern, Los Angeles, and SanBernardino Counties:

Ventura Fish & Wildlife Office

2493 Portola Road, Suite BVentura, -California 93003

(805) 644-1766

In California, for I~perial and Riverside Counties:

Carlsbad Fish & Wildlife Office2730 Loker Avenue West

Carlsbad, California 92008

(760) 431-9440

..•....\1

3

January 1992

In Nevada:

Nevada Fish & Wildlife Office1340 Financial Blvd. Suite 234

Reno, Nevada 89502(775) 861-6300

In Utah:

Utah Ecological Services FieldOffice

1300 South Lincoln Plaza,Suite 404

Salt Lake City, Utah 84105-2316(801) 524-5001

Survey protocol includes six parts: 1) survey need, 2) surveytypes, 3} survey quality, 4) survey time period, 5)qualifications of the surveyor, and 6) reporting survey results.

Survey Need: The desert tortoise may occupy numerous habitattypes within its range in the Mojave and Colorado deserts andbelow an elevation of 5000 feet. In these areas there is alikelihood of encountering desert tortoises or tortoise sign.Activities such as land clearing are likely to result in "take"of desert tortoises or tortoise habitat, unless site specificinformation indicates that no take of desert tortoises ortortoise habitat would occur.

The Fish and wildlife Service recommends that the projectproponent conduct a Presence-or-Absence Survey for tortoises andtortoise siqn over the entire project area and the Zone ofInfluence adjacent to the project area. The Zone of Influence isdefined as the area where tortoises on adjacent lands may bedirectly or indirectly affected by project exploration,construction, maintenance, operation, monitorinq, dismantlement,enhancement, and project abandonment. The survey informationwould be part of the requirements of the federal Endanqeredspecies Act section 10(a) (l)(B) permit application. Tortoisesign would include shells, bones, scutes, limbs, burrows,pallets, scats, egg shell fragments, tracks, courtship rings,drinking sites, mineral licks, etc.

Depending on the type of project, a Clearance Survey immediatelyprior to construction (see below) in recently occupied tortoisehabitat may also:be necessary. The Fish and Wildlife Servicerequests that all survey results, including copies of thecompleted transect forms, be submitted to the ~ppropriate Fishand wildlife Service office within 30 days. This information is

4

January 1992

vital to the ongoing management for recovery of the deserttortoise. Providing this information to the Fish and WildlifeService will help ensure that the survey has been correctlycompleted and the data have been properly assessed. Submittal ofsurvey results also allows the Fish and wildlife Service toadvise you of the appropriate requirements, if any, in accordancewith the definition of "take" in the federal Endangered speciesAct. This definition includes take of habitat (see page 1).

Please note that all free-roaming desert tortoises located northand west of the Colorado River are protected under the EndangeredSpecies Act. For example, the desert tortoise that on occasionoccurs above 5000 feet or in pinyon-juniper woodland would beprotected under the Endangered Species Act.

As mentioned above, the presence of a desert tortoise within theproject boundary is not necessary for the project to result inthe take of the desert tortoise. For example, a desert tortoisemay be present in the Zone of Influence and may use the projectsite for feeding, breeding, or shelter. Destruction of tortoisehabitat used for feeding, breeding, or shelter is considered takeunder the Endangered Species Act.

Also note that planning agencies or other local or state agencieshave not been delegated authority to determine if or when asection 10(a) (1) (B) incidental take permit is needed under thefederal Endangered Species Act. The Fish and Wildlife Service isavailable to answer inquiries and make determinations on the needfor an incidental take-permit based on the submission of surveyresults.

Before initiating any activity that will result in surfacedisturbance within the range of the desert tortoise includingoverland driving for land-surveying or other forms of take, theFish and Wildlife Service recommends that you contact one of thefive offices listed above to determine if your action may requirea section 10(a) (1) (B) permit.

All requirements of the Endangered Species Act should becompleted prior to the initiation of any part of the proposedproject. Failure to submit survey forms to and coordinatedirectly with the Fish and Wildlife Service on the proposedproject may result in delay or modification of the proposedproject. We strongly suggest coordinating with the Service earlyin the planning process."

Prdjects that would not result in take of desert tortoises ortortoise habitat are not subject to the prohibitions"of take ofthe desert tortoise as defined in the federal Endangered Species

5

January 1992

Act. However, in the event that a desert tortoise or tortoisesign (shells, bones, scutes, limbs, burrows, pallets, scats, eggshell fraqments,tracks, courtship rings, drinking sites, minerallicks, etc.) are found in the project area during construction,all surface disturbance should immediately stop. The Fish andwildlife Service recommends that the project proponent notify usand the local planning and zoning department in writing within 3days of the discovery. This short notification period will helpensure a timely response by the Fish and Wildlife Service tofacilitate compliance with the federal Endangered Species Act andavoid unauthorized take.

If tortoise sign is found, a Presence-or-Absence Survey of theproject area and a Clearance Survey immediately prior toconstruction may be necessary. Please see the discussion onPresence-or-Absence and Clearance surveys below.

Fish and Wildlife Service Survey Protocol for DesertTortoises and Bureau of Land Manaaement Cateaories of DesertTortoise Habitat: The Bureau of Land Management hasdeveloped category maps for desert tortoises to assist theBureau in managing public lands for the tortoise within theBureau's multiple use mandate. Bureau maps were notdeveloped to provide information on how to avoid take of thedesert tortoise or comply with the federal EndangeredSpecies Act. The Bureau has assigned three categories totheir maps on desert tortoise habitat. These categoriesreflect the quality of tortoise habitat, quantity oftortoises present, and the Bureau's ability to manage theseareas for the desert tortoise while minimizing resourceconflicts. For example, Category 1 is considered better fortortoises than category 2. However, category 3 areas maycontain high quality tortoise habitat and high density oftortoises, but because of resource conflicts the Bureau hasassigned the area to category 3.

If an area is not classified on the Bureau's maps ascategory 1, 2, or 3, this does not mean that this area doesnot contain desert tortoises or is not considered deserttortoise habitat. The Bureau did not categorize lands thatit does not manage such as military reservations or privatelands. Also, the Bureau did not categorize lands in manyareas that have densities of desert tortoises less than 20per square mile. Thus, if a proposed project is not locatedin an area categorized as category 1, 2, or 3 by the Bureau,the project may still: be,l.ocated·in ·desert.tort6ise,habitatif it is in the desert and below 5000~feet.

6

January 1992

Survey Tvoes: Two types of surveys are recommended: 1) Presenceor-Absence and 2) Clearance. Neither survey utilizes the 1.5mile triangular transect survey method developed by the Bureau ofLand Management. The'Bureau of..,'Land·'·Management·s.ttiangula-rtransect method does not provide :reliable information ··on-thenumber of'desert tortoises that -would be taken as a res'ult ofimplementation of the proposed project and thus is not adequatefor meeting the requirements of the federal Endangered SpeciesAct. Alternative methods for surveying for desert tortoises andtheir sign over very large areas may be submitted to the Fish andwildlife Service for consideration.

Presence-or-Absence Survey: This survey type is recommendedfor areas below 5000 feet and within the known range of thedesert tortoise. The purpose of this survey is to determineimpacts of potential land disturbance activities to thelocal tortoise population. This includes identifying thenumber and location of all tortoises and tortoise sign thatoccur within a given project area and if any tortoises occurin adjacent areas (Zone of Influence) whose home range mayoverlap into the project area and thus be taken or lost bythe proposed action.

The project area is defined as any area that will be clearedor partially cleared, with vehicles on or adjacent to it,temporarily or permanently used for equipment or materialsstorage, loading or unloading, or sites wheresoils/vegetation is damaged, fragmented, or disturbed (e.g.,driving overland).

The entire project area is surveyed using belt transects 10yards or 30 feet wide (100 percent coverage). In somelocations, belt transects less than 30 feet wide may beappropriate (see below). In addition, the Zone of Influenceis surveyed. The Zone of Influence is defined as the areawhere tortoises on adjacent lands may be directly orindirectly affected by project exploration, construction,maintenance, operation, monitoring, dismantlement,enhancement, and project abandonment. As a minimum, thebelt· transects in the Zone of Influence are located at 100,300, 600, 1200, and 2400-foot intervals from and parallel tothe edqe:of;the·project'boUhdiries. (See Figures 1 and 2.)ll':tortoise-sign (live tortoises, shells, bones, scutes,

limbs, scats, burrows, pallets, tracks, egg shell fragments,courtship rings, dririkingsites, mineral licks, etc.) withinthe'project area and sign located on transects within theZone of InfluenceKshoula.be~apped;

Figure 1. Exampleof a proposed transmission line including areas with full(100percent) survey coverage for desert tortoises (construction area)and locations of transects within the Zoneof Influence .

1200feet

•..--------------- 2400feet~ (transect distance from project boundary)uc~~---------------~CHJ,-------------- 600feetoI

~c~--------------- 300feet

~ 100feet(lJ coC (lJj ~ --------------------------------

300feet

600feet

--------------1200 feet

______________ 100 feet

.~ .3 ~d~ 1 didsU) u ~ \. \. \. \. , .• "" 'It. ••.•

~~Ul

co C~8

~I~uC~::Jr-l~CHI

~oI~§N

1-------------2400 feet(transect distance fran project boundary)

Figure 2. Exampleof a proposed spatial developnent (e.9., residentialdevelopnent, comnercial developnent) with full (100 percent)survey coverage for desert tortoises and locations oftransects within the Zoneof Influence.

,I

\

I

------~

Q)ucQ)-=r-l~CH

2.4OD feet.-

"- -

_ 1200-fee't--

f

I

l

r

r-I

~o feat _ ~(" - -300 feet_ ~

I (-_ = :::-lOO.fea - ~ ~ 1I (, 1'1

J . I I Prop:>sed I II S t· 1 ~e df Infhuence, I paJ.a I

Zone of Inflrence', Developnent I I I

I I I - - --. (100percent.....- ~I II '- - -""'\ I survey I I

I '-- ~ - I I coverage) I I II I

L ~ I III II I. I L- ~-:../ I, l ~ mTfeer =_.1- - 300 feet )- -- ~6rnJfeet Q)ucQ);:::l----l

1200feet ~H~oQ)

~~400-re~t-

9

January 1992

The extent of the Zone of Influence is dependent on the typeof habitat alteration/development and its proximity to otherdevelopments. The extent of the Zone of Influence increasesas the probability of increased use by domestic predators,potential human use'in the Zone, road use, littering, wastedisposal, etc. These uses result in increased take ofdesert tortoises through predation, collection as pets,vandalism, road kills, and attracting predators such asravens, coyotes, and feral dogs to the area.

Additional transects may be recommended at 3600- and 4800foot intervals from the perimeter of the project area fordevelopments 1) located in or within one mile of categories1 or 2 habitats as defined by the Bureau of Land Managementor 2) associated with residential development, new orincreased road use, landfills, or projects that would resultin increases in human use or litter.

For example, if a project area is 640 acres or one squaremile, 176 parallel transects each one mile long and 30 feetwide would be necessary to provide 100 percent coverage ofthe project area. Additional transects would be necessaryto survey the adjacent areas or Zone of Influence.

If the project area contains locations with vegetation ortopography that obscures or reduces that surveyor's abilityto see tortoise sign at distances of up to 15 feet on theground, the wi~th of the survey should be reduced to 10feet, that is, 5 feet on either side of the surveyor. Someexamples of situations where a 10-foot wide transect shouldbe conducted instead of a 30-foot wide transect would be: 1)foothills and slopes of mountains which contain rocks,boulders, and/or vegetation that obstruct the surveyor'sview of the ground at distances greater than 5 feet, and 2)areas in which the vegetation density is greater than thatof typical creosote or creosote/bursage flats or bajadas inthe Mojave Desert such as desert wash scrub or woodlands andecotones between habitat types. In these areas thesurveyor's view of the ground and tortoise sign, if present,would be obstructed and a 30-foot wide transect would not beacceptable.

When ~mappingl;tort~:dse_.sign;~the·recommended map ~c~;1~_.is 1:inch::;lpOi fee~1·f9rlP.I~l)~.linv.olv.ing.ground~distur~~~9_e_:;a!1d1inch==lOOO:.fe~t~-t9r'1preli~in~ryplanning •.(maste;r..··planning orspecific planning). These map scales are based on thosefrequently required by city or county planning departments.The map should include locations and specific types of alltortoise sign found on the project area and Zone of

10

January 1992

Influence including the number live tortoises, reference tothe corresponding transect form with additional informationon tortoise sign found, significant landmarks, legaldescription of the project area, survey dates, and the rangeof elevation within the project boundaries. Please notethat a federal Fish and wildlife License/permit is requiredbefore a surveyor can capture, touch, or "harass" a livedesert tortoise even for the purposes of taking measurementsor determining its sex. A permit may also be required fromthe appropriate state wildlife resource agency (~,Arizona Game and Fish Department, California Department ofFish and Game, Nevada Department of Wildlife, Utah Divisionof Wildlife Resources). The Fish and wildlife serviceemphasizes that the surveyor should only estimate the sizeot all live desert tortoises encountered.

If the surveyor wishes to use a fiber-optic sc~pe or video

camera that is placed inside a tortoise burrow i stead of orin addition to a hand-held mirror to investiga deserttortoise shelter sites, you should contact the ish andWildlife Service at one of the offices listed above. Wewill need information on the type of equipment you will beusing and your qualifications to use it. Improper use ofsuch equipment may disturb or injure tortoises, damageshelter sites, and may promote the spread of disease. Theseactions may be considered as take under the EndangeredSpecies Act. You should refer to the Desert TortoiseHandling Protocols for information on when and how toutilize these scopes to avoid the possible transmission ofdisease between tortoises.

The following format is recommended for recording transectdata. (See Figure 3.) This format has been modified fromthe Bureau of Land Management's Interim Techniques Handbookfor Collecting and Analyzing Data on Desert TortoisePopulations and Habitats. One form is used for eachtransect where tortoise sign occurs. Pages 1, 2, and 3 ofthe form would be completed for each transect in the projectsite and the Zone of Influence where tortoise sign occurs.If additional space is needed, more forms may be used foreach transect and stapled together.

If no tortoise sign is located during Presence-or-AbsenceSurveys for a·proposed project, we recommend that thesurveyor complete 'and submit a summary form (Figure 4)·tothe appropriate Fish· arid Wildlife Service.office listedabove.

Figure 3. Desert Tortoise Survey Form ForPresence-or-Absence and Clearance Surveys(4 pages)

11

January 1992 M/D/Y

Sec

Sec

Date -----Transect No.

State

County

CityRecorder

Address


Quad Name--------------Scale-----------Site Name--------------T R----- ---lot Sec__ lot lot

UTM Zone--------------North ing _

Easting _Parcel No.


tortoise sign. After the project site and

Zone of Influence have been surveyed for




or Zone of Influence, the summary form should

be completed. Please fill in all sections on



FORM FOR PRESENCE-OR-ABSENCE AND CLEARANCE SURVEYS

Project Site I I Zone of Influence I I ft from Project Site

Transect Length: ft Width: 30 ft Other ft Time _Weather: Airtemp at: 5 cm oC Surface oc Cloud cover '

Rainfall in Wind speed Rainfall in last 30 days inLand Form (e.g., mesa, bajada, wash) _

, Slope: high low Aspect Elevation ftSoils ------------------------------------------------------------------------------------Vegetation: dominant perennials _

dominant annuals

Adjacent Land Use: up to 1 mi _Soils ------------------------------------------------Vegetatioo _

===================================================================================

Corrected

Sign

Live

Tortoises

Adult/Juv.

TOTAL NUMBER OF

Shelter Sites

Pallet/Burrow/Den

Active/Inactive 1

Scats 2 Shell

Remains 3

" A= J=

M=" A=F=

J=

Unk=

Unk=

Tracks Eggshell

Fragments

DrinkingSites

Courtship

Rings


w/sign :w/o sign

===============================-=================================================

Tire

Tracks

SIGNS OF

Human Dog

Footptints Sign



Other

I

January 1992

M/DI'f

Date _Transect No.------State ----------County _

City __ -..,... _Recorder'---------Project Name _

Parcel No.===================================================================================

INFORMATION ON SHELTER SITES

(Please indicate why you believe a shelter site is active or.. 1l.nactl.ve)

Sign No. Type Location Width Estimated Length Other Sign

Condition of Shelter Site1/Comrnents

------------------------------------------------------------------------------------------------------------------------------------------------------------

CONDITION OF SCATS2 - COMMENTS (See below)

------------------------------------------------------------------------------------------------------------------------------------------------------------

CONDITION OF SHELL REMAINS3 - COMMENTS (See below)

------------------------------------------------------------------------------------------------------------------------------------------------------------

SIGNS OF HUMAN DISTURBANCE-COMMENTS

January 1992

Show locations of types of tortoise sign on transect line below:

Transect No.Drawing: Scale 1 in =Recorder ------- Date

ft Drawing or Map Reference No. _Parce 1 No. Loca tion _

January 1992.



1Burrows and Den$: 1.2.

3.

4.

5.

currently active, with tortoise or recent tortoise signgood condition, definitely tortoise; no evidence of recent use



2Scats: 1. wet (not from rain or dew) or freshly dried; obvious odor


3. dried; no glaze or odor; signs of bleaching (light brown),tightly packed material


appearance


3Shell Remains: 1. fresh or putrid2. normal color; scutes adhere to bone


4. shell bone is falling apart;growth rings on scutes are

peeling5. disarticulated and scattered

Figure 4. Desert Tortoise Summary Form forPresence-or-Absence and Clearance Surveys(3 pages).

16

January 1992 M/D/'i

(place a 4 X 6 photograph showing the

area where the transect was conducted)

Date

Transect No~

State

County

CityRecorder

Address



or Zone of Influence, the summary form shouldbe completed. Please fill in all sections on


Quad Name _Scale ----------------Site Name ---------------T R Sec----- -----~ Sec ~~ Sec----UTM Zone -----------Northing _East ing _Parcel No.

SUMMARY FORM

FOR PRESENCE-OR-ABSENCE AND CLEARANCE SURVEYS


ft.Elevation

dominant perennials _other spec ies _

dominant annuals _other species, ~>

Land Use: immediate _1 mi.Adjacent

Within

Soils --------------------------------------------Vegetation _

% Slope: high low Aspect _

Land Form (e.g., mesa, bajada, wash) _Soils ----------------------------------------------Vegetation:

Weather: Temperature - Air at 5 cm oC

Wind speed Rainfall in.

Surface °C Cloud cover \--- -----Rainfall in last 30 days in.

=============================================================================

Corrected

Sign

Live

Tortoises

Adult/Juv.

TOTAL NUMBER OF

Shelter Sites

Pallet/Burrow/Den

Active/Inactive 1

Scats 2 Shell

Remains 3

II A= J=

M=II A=F=

J=

Unk=

Unk=

Tracks Eggshell

FragmentsDrinkingSites

Courtship

Rings


w/sign :w/o sign

I=================================================================================

Tire

Tracks

SIGNS OF

Human Dog

Footprints Sign



Other

Comments/Drawings

SUMMARY FORM (continued)FOR PRESENCE-OR-ABSENCE AND CLEARANCE SURVEYS


January 1992

,0"

lSurrows and Dens: 1.

2.3.4.

5.







January 1992

2scats:

3Shell Remains:

1. wet (not from rain or dew) or freshly dried; obvious odor


3. dried; no glaze or odor; signs of bleaching (light brown),

tightly packed mater~al


appearance.


1. fresh or putrid2. normal color; scutes adhere to bone

3. scutes peeling off bone4. shell bone is falling apart;growth rings on scutes are

peelingS. disarticulated and scattered

20

January 1992

Please do Dot collect any desert tortoise sign. Tortoisescats may be used by tortoises to mark or identify travelareas and shelter sites. Tortoise shells may be animportant source of minerals for reptiles and mammals.

ClearanceSurvev: For projects located in areas withhabitat used by desert tortoises, especially those projectswith a linear band of disturbance (e.g. pipelines, roads,transmission lines), a Clearance Survey may be required aspart of a section 10(a) (1)(B) permit. The purpose of thesurvey would be to temporarily relocate or salvage tortoisesfrom the area of construction and any other areas deemednecessary to avoid or minimize the death of desert tortoisesthat may be caused by the project. A Clearance Survey wouldrequire full coverage of the project area and would focus onlocating all desert tortoises above and below ground withinthe project area. The removal of tortoises would beconducted immediately prior to surface disturbance withinthe project area. The survey period would be stipulated ina section 10(a) (1) (B) permit.

Survey Oualitv: To determine the accuracy of the surveyor inlocating desert tortoise sign during Presence-or-Absence Surveysfor each project area, the Fish and wildlife Service recommendsthat the surveyor conduct an intensive survey in a portion of theproject area following completion of the 100 percent survey. Thesize of the intensive survey area is 5 percent of the size of theproject area. The int~nsive survey area would also receive 100percent coverage using transects 10 feet wide rather than 30 feetor 5 feet wide rather than 10 feet wide. The location of theintensive survey would be plotted on the map and a comparisonmade between the sign recorded in this area during the 100percent survey effort and,the intensive survey effort. Thequality or accuracy of the survey for the project area will bedetermined by comparing these two data sets for this area.

If the surveyor does not meet the minimal qualifications statedbelow or if there is a major difference in number of signrecorded between the intensive survey effort and the 100 percentsurvey effort, the survey may not be deemed adequate by the Fishand Wildlife Service.

If the survey results do not include the Zone of Influence, theFish and Wildlife Service may not concur with the survey results.

\.

21

January 1992

Qualifications of Surveyor: The Fish and wildlife Service doesnot endorse any individual or company with respect to theirabilities to conduct satisfactory surveys. We recommend thefollowing criteria for selecting someone to conduct surveys todetermine presence or absence of desert tortoises in a given areaor recent use of the area by the desert tortoise.

As a general rule, a qualified desert tortoise surveyor is abiologist with a bachelors degree or graduate degree in biology,ecology, wildlife biology, herpetology, or related fields.He/she must have demonstrated prior field experience usingaccepted resource agency techniques to survey for deserttortoises. Field experience may mean a minimum of 60 days fieldexperience searching for desert tortoises and tortoise sign.

The surveyor should have the following qualifications for thesurvey results to be accepted by the Fish and wildlife service:1) ability to recognize and accurately identity all types ofdesert tortoise sign listed above, and 2) ability to carefully,legibly, and completely record all sign including size of sheltersites, shells, and estimated size of live tortoises.

Survey Time Period: Survey time for Presence-or-Absence Surveysis limited to the following approximate activity period of thedesert tortoise, March 25 to May 31. This survey time may beextended by the Fish and wildlife Service if tortoises on or nearthe project area have been observed above ground prior to March25 or after May 31.

This survey window is based on the activity period for the deserttortoise throughout its range during a typical year and equatesto the period of time when a tortoise is not brumating oraestivating. During dry years this activity period may beshorter and in wet years it may be longer. Desert tortoises mayalso become active during and after summer rains.

Surveys conducted outside this window will be subject to closescrutiny by the Fish and Wildlife Service. The Service mayconsider the results of these surveys as under-representing thenumber of tortoises on and use of the project site by deserttortoises.

Presence-or-Absence or Clearance surveys should only be conductedduring daylight hours.

22

January 1992

The Fish and Wildlife Service will consider the results of aPresence-or-Absence Survey' including the:Zone- tof-·-Influenceto bevalid for-no more than- one year'" We recommend that the Presenceor-Absence Survey be repeated if project construction has notbeen initiated within a year of conducting the initial Presenceor-Absence Survey.

ReDortina Survey Results: As mentioned above, the Fish andwildlife Service requests that survey results, including copiesof the completed transect forms, be submitted to the appropriateservice office within 30 days. These forms are used by theplanning and land management agencies and the Fish and wildlifeService to assess whether the survey was correctly followed andcompleted, was conducted by a qualified person, and to determinethe impact of the proposed project on the desert tortoise.Submission of a final report to the Fish and Wildlife Servicediscussing survey results may not provide adequate informationfor the Fish and Wildlife Service to determine if a section10(a) (1) (B) incidental take permit is needed.

If, for legal reasons, the surveyor is unable to submit copies ofthe completed transect forms to the Fish and Wildlife Service, werecommend that the surveyor complete and submit the summaryform(s) (Figure 4) to the appropriate Fish and Wildlife Service office listed above.

Documents

FIELD SURVEY PROTOCOL FOR ANY FEDERAL ACTION THAT MAY OCCUR WITHIN