West Mojave Plan FEIR/S - Desert Managers Group

equired to meet this obligation shall be roughly proportional in extent to the impact of theauthorized taking on the species. Where various measures are available to meet this obligation,the measures required shall maintain the applicant’s objectives to the greatest extent practicable.All required measures shall be capable of successful implementation. For purposes of this sectiononly, impacts of taking include all impacts on the species that result from any act that would causethe proposed taking.(3) The permit is consistent with any regulations adopted pursuant to Sections 2112 and 2114.(4) The applicant shall ensure adequate funding to implement the measures required by paragraph(2), and for monitoring compliance with, and effectiveness of, those measures. [CESA Section2081(b), emphasis added.]CESA further requires that no incidental take permit may be issued if issuance of thepermit would jeopardize the continued existence of the species, a determination that CDFG mustmake based on the best scientific and other information that is reasonably available. This mustinclude consideration of the species’ capability to survive and reproduce in light of knownpopulation trends, known threats to the species, and reasonably foreseeable impacts on thespecies from other related projects and activities.The Section 2081 permit applies only to CESA. It does not excuse an applicant fromobtaining a FESA Section 10(a) permit, issued by USFWS for species listed as threatened orendangered by the United States (see Section 3.1.4.5, above).3.1.6 Acquiring Incidental Take Permits: Procedures and CostsSeveral steps are currently necessary to determine whether Section 10(a) and Section2081 incidental take permits are needed. This section reviews those procedures, and the costsassociated with them. The permit procedures for the desert tortoise are used as a representativeexample of how the process works.Overview: The project proponent’s first step is to perform a tortoise “presence-absence”survey. This is usually done with the assistance of a trained consultant. If no tortoises are found,the developer can proceed with development. If tortoise sign is found, the developer must firstobtain Section 10(a) and Section 2081 permits. The USFWS’s regulations do not specify a timeframe for issuing Section 10(a) permits, so a permit may take a year or more to process andissue. Section 2081 permits may require between six months and a year to obtain. A permittypically will require the permittee to: (1) mitigate with land purchase, (2) employ an authorizedbiologist to conduct a “clearance survey” and to monitor construction, and (3) provideendowment funds to CDFG.Presence and Absence Survey Costs: Tortoise surveys are performed at about 4acres/hour, for between $35 and $125 per hour, so that a presence-absence survey on 40 acreswould cost between $350 and $1,250, depending on the consultant. When costs are included fortravel, mileage, per diem, report writing and overhead, the final report for that 40-acre site mayrun between $500 and $5,000. If no tortoise sign is found, there are rarely other costs relative tothreatened and endangered species, although Streambed Alteration Agreements, mitigation toavoid nesting birds and native plant salvage are occasionally separate permitting issues. Iftortoise sign is found, the proponent must secure State and federal incidental take permits.Chapter 3 3-38