West Mojave Plan FEIR/S - Desert Managers Group

the proponent, the BLM determines if the project may affect a listed species. If BLM determinesthat a project will not affect a listed species it does not have to consult, either formally orinformally with the USFWS. BLM may ask the USFWS to concur in its no-effect determination,but it is not required to. If BLM makes a “may affect” determination, formal consultation will berequired. The USFWS has 45 days to review materials provided by the BLM and projectproponent, 90 days to draft a biological opinion, and an additional 45 days to deliver it. Thebiological opinion outlines reasonable and prudent measures and terms and conditions tominimize take of listed fish and wildlife on-site and compensate through land acquisition, habitatrehabilitation, and other measures off-site.Minimization measures have proven effective to alleviate impacts at the time ofconstruction (LaRue and Dougherty 1998). Clearance surveys are standard parts of takeavoidance measures. The proponent is obligated to delineate the work zone and restrict allimpacts to that area, maintain a litter-free environment to minimize the attraction of tortoisepredators (feral dogs, coyotes, ravens, etc.), and keep vehicle speeds below a certain level.Construction personnel are given awareness programs to avoid crushing tortoises or theirburrows.In addition to take avoidance measures to be implemented on-site, protecting orenhancing habitats off-site is often required to compensate impacts. Between 1990 and 1995,land acquisition was required by 44% percent of the biological opinions issued in California(LaRue and Dougherty 1998). For BLM projects, the proponent typically pays a compensationfee to offset the impact to tortoises ($700/acre), and may also be required to pay endowmentfunds to the CDFG ($230/acre), although this latter cost has not been consistently applied toevery federal project. Alternatively, the proponent may purchase and deed to the BLM or CDFGcompensation lands that meet with the approval of the BLM, and occasionally the CDFG. Insuch cases, field staff completes a Proposed Lands For Acquisition Form (PLFAF).A compensation ratio, developed for the interagency desert tortoise managementoversight group (MOG) in 1991, uses seven variables to determine a multiplying factor that isapplied to the acreage lost to development (Desert Tortoise Compensation Team 1991). Therange of compensation rates for various BLM habitat categories is given as follows (DesertTortoise Compensation Team 1991): Category I = 3 to 6, Category II = 2 to 5, and Category III =1 (the standard in all areas). This means that the compensation ratio may be as high as 6:1,indicating that six acres of conservation habitat would be purchased for each acre of impact. Forexample, 40 acres of impact would be compensated by acquiring 240 acres of conservation land,or alternatively, paying $168,000 to BLM (240 acres at $700/acre).Chapter 3 3-36