West Mojave Plan FEIR/S - Desert Managers Group

It is a goal of the town’s general plan to “… protect and preserve the Town’s biologicalresources, especially those sensitive rare, threatened or endangered species of wildlife and theirhabitats. Policies of the General Plan include specific steps to preserve the long-term viability ofsensitive habitat and species.” [Id. at III-74.] The General Plan further requires thatdevelopment in areas with sensitive species and habitat be at a compatible intensity, andaddresses the need for protection of Covington Wash as a wildlife corridor. [Id. at III-74 and 75.]3.1.4 Federal Endangered Species Act3.1.4.1 BackgroundThe federal Endangered Species Act of 1973 (FESA) is intended “to provide a meanswhereby the ecosystems upon which Endangered species and Threatened species depend may beconserved, [and] to provide a program for the conservation of such endangered species andthreatened species...” (FESA Section 2(b).) FESA requires that all federal agencies “seek toconserve endangered species and threatened species and shall utilize their authorities in furtheranceof the purposes of this chapter.” (Section 2(c)(1).) FESA assigns to the Secretary of the Interior theresponsibility to maintain a list of threatened and endangered species and to designate critical habitatfor these species (Section 4).It is unlawful for any person to “take” a federally listed fish or wildlife species. (Section9(a)(1)(B).) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect.(Section 3(18).) Take includes significant habitat modification or degradation that actually kills orinjures wildlife (Babbitt v. Sweet Home Chapter, 515 U.S. 687).3.1.4.2 Listed SpeciesSpecies listed as threatened or endangered by USFWS and found within the western MojaveDesert are identified in Table 3-3.Chapter 3 3-29